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The Department of Education did not respond to a media request. Parents who disagree with a school board's final decision on a book challenge can now also request a special magistrate from the state to review the decision, on the school district's dime, which Ferrell said could encourage groups to pressure school districts without actually filing book challenges – and potentially forcing districts to cave to avoid the challenge costs.Īnd, school districts must remove any book challenged because it includes pornography or sexual conduct within five days until the complaint is resolved. “It is overly cautious,” said Stephana Ferrell, co-founder and director of research and insight for the Florida Freedom to Read Project. In the meantime, book-access advocates are disputing how districts are interpreting the 'sexual conduct' provision, and committees are leaning toward 'erring on the side of caution' – something the state Department of Education advises media specialists to do when considering what books to keep in their libraries.

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Malloy said that could even apply to books that overall are 'very valuable as a piece of literature,' with just one or two small scenes that fall under the 'sexual conduct' definition.īanned book attempts hit record high, nearly double last year, says library orgĭistricts are awaiting training from the Florida Department of Education on how to proceed, and some have put their review processes on hold to wait for state guidance, including Brevard and Hillsborough. Malloy and other media specialists around the state are interpreting the new legislation, HB 1069, to mean that districts could be breaking the law if they do not pull media containing “sexual conduct.” That includes many books needed to take the College Board’s Advanced Placement literature exam and dual-enrollment classes. View Gallery: School District of Escambia County bans three books in Pensacola State law goes into effect over 'sexual conduct' in books at schools 'Even Shakespeare is suspect,” Malloy said. Malloy said she used to go by a system called the Miller Test, a three-prong method established with Supreme Court rulings to determine whether material was obscene. Ron DeSantis took effect July 1, if a school district finds material that contains “sexual conduct,” under the state’s definition, it must “discontinue use of the material for any grade level or age group for which such use is inappropriate or unsuitable.” Schools are having to ditch long-established methods for choosing what books to purchase and teach. Shakespeare's works have already been restricted for certain grades in Orange County, which includes Orlando. In Leon County, home to the state's capital, school-media specialist Kathleen Malloy says 'The Bard,' William Shakespeare, could be at risk. To be or not to be on the shelf? That’s the question school districts across Florida are asking themselves as they figure out how to apply a new book-challenge law.

Watch Video: Banned books: What a new wave of restrictions could mean for students

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