This week, Oct. 1-7 is designated by the American Library Association as Banned Books Week. It is a week to celebrate the freedom to read and shine a spotlight on censorship.

The ALA website states, “For more than 40 years, the annual event has brought together the entire book community — librarians, teachers, booksellers, publishers, writers, journalists, and readers of all types — in shared support of the freedom to seek and to express ideas, even those some consider unorthodox or unpopular.”

Last week, the ALA’s Public Policy and Advocacy office (PPA), ALA’s Office for Intellectual Freedom (OIF), and the Freedom to Read Foundation (FTRF) co-sponsored a live webinar with the U.S. Department of Education’s Office for Civil Rights (OCR), to present a conversation about protecting civil rights in libraries.

Deputy Assistant Secretary in the Office for Civil Rights Matt Nosanchuck stated that selective book bans may violate federal civil rights laws in certain circumstances and explained how book bans may violate students’ civil rights. As a federal law enforcement office within the Department of Education, the OCR protects and enforces access regardless of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, and age, explained Nosanchuck.

Nosanchuck said, “All students are to receive equal education without discrimination when the institution receives federal funding … Book bans that target specific groups, specific topics, schools that select books in certain groups or by authors who (are part of select groups) can present a hostile environment … Individual students may stop using the library, might feel a stigma or isolated, or there could be a decline in their academics due to the hostile or perceived hostile environment.” He added that restrictions only increase targets on students who try to access books.

To be clear, Nosanchuck said the Department of Education does not control the curriculum or academic materials required at a school. “The schools make the decision to put the books on the shelves,” he said. “However, if the decision to put the books on the shelves is based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), disability, or age, then that is an OCR issue.”

Following Nosanchuck’s presentation, questions about civil rights in school and public libraries were addressed. ALA OIF Director, FTRF Executive Director and webinar moderator, Deborah Caldwell-Stone added to the conversation that the OCR takes complaints very seriously and “it is prohibited to retaliate against a complainant,” she said.

Some of the recently resolved issues over the years have included tagging books as sexually explicit or putting books about LGBTQ+ or by certain authors on separate shelves. Nosanchuck explained that when the students shared their thoughts, “they felt silenced, singled out, isolated.” The school district noticed they had created a hostile environment based on race and or sex, he said. The administration did a climate survey for the students, posted a statement, and let the students know who to contact for support or to file a complaint.

Students, staff, and others can report issues to the school. From there, the school must take action, evaluate the facts of any harassment, investigate the incident, and remedy the issue. However, Nosanchuck added, “If the complaint is related to a Title IX violation, then the Title IX officer at the school must take action, evaluate the facts of any harassment, investigate the incident, as well as contact the complainant and make sure they understand their rights.”

Both Nosanchuck and Caldwell-Stone offered suggestions for remedies to schools that have books in their libraries that some parents, community members, and others might challenge. Remedies include sending messages about the non-discrimination policies at the school; having an assembly to help students understand what discrimination is, how to prevent it, and how to report it; offer counseling and support for those who have been harassed or discriminated against; and offer professional development to staff and others to understand policies.

According to Caldwell-Stone, the OCR has received 17 complaints this year. One has been resolved.

The mission of the OCR is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. For more information about student rights under federal civil rights laws, visit https://www2.ed.gov/about/offices/list/ocr/aboutocr.html

For more information about Banned Books Week, visit https://www2.ed.gov/about/offices/list/ocr/aboutocr.html , or a local library.

The Freedom to Read Foundation (https://www.ftrf.org/) is an independent, 501©(3) non-profit legal and educational organization affiliated with the American Library Association that is dedicated to protecting and defending each person’s First Amendment right to read and the right of library workers to serve the information needs of their community. Since 1969 FTRF trustees, staff, and members have worked to protect First Amendment rights through education, litigation, and advocacy.