605.3 OBJECTION TO INSTRUCTIONAL MATERIALS
605.3 OBJECTION TO INSTRUCTIONAL MATERIALSMembers of the school district community may object to the instructional and library materials utilized in the school district and ask for their use to be reconsidered.
It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations for reconsideration of instructional materials. Information related to the process for reconsideration of instructional and library materials will be made available on the district’s website.
Parents or guardians of students enrolled in the district have the ability to request that their student not be able to access certain instructional material or check out certain library materials. For purposes of prohibiting access to instructional materials, Iowa law has defined instructional materials to mean either printed or electronic textbooks and related core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a state educational agency or district for use by students in the student’s classes by the teacher of record. Instructional materials do not include lesson plans.
NOTE: This is a mandatory policy, including the language allowing parents or guardians to request their student not be provided with certain instructional materials. The district is required to provide this policy and accompanying regulation/exhibits to parents at least annually either in paper or electronic form. The board may edit the policy and regulation to reflect its philosophy, goals and practices. |
Legal Reference: Iowa Code §§ 279.8; 74; 77; 280.3, .14; 301. 281 I.A.C. 12.3(12).
Approved 3/19/01 Reviewed 4/20/22 Revised 8/23/23
605.3E1 INSTRUCTIONS TO THE RECONSIDERATION COMMITTEE
605.3E1 INSTRUCTIONS TO THE RECONSIDERATION COMMITTEEThe policy of this school district related to selection of learning materials states that any resident of the district may formally challenge instructional materials used in the district's education program. This policy allows those persons in the school and the community who are not directly involved in the selection of materials to make their own opinions known. The task of the reconsideration committee is to provide an open forum for discussion of challenged materials and to make an informed decision on the challenge.
The most critical component of the reconsideration process is the establishment and maintenance of the committee's credibility in the community. For this purpose, the committee includes community members, students, and staff members.
The reconsideration process, the task of this committee, is just one part of the selection continuum. Material is purchased to meet a need. It is reviewed and examined, if possible, prior to purchase. It is periodically re-evaluated through updating, discarding, or re-examination. The committee must be ready to acknowledge that an error in selection may have been made despite this process. Librarians and school employees regularly read great numbers of reviews in the selection process, and occasional errors are possible.
In reconsidering challenged materials, the role of the committee, and particularly the chairperson, is to produce a climate for discussion. However, the committee should begin by finding items of agreement, keeping in mind that the larger the group participating, the greater the amount of information available and, therefore, the greater the number of possible approaches to the problem.
If the complainant chooses, the complainant may make an oral presentation to the committee to expand and elaborate on the complaint. The committee will listen to the new complaint, to those with special knowledge, and any other interested persons. In these discussions, the committee should be aware of relevant social pressures which are affecting the situation. Individuals who may try to dominate or impose a decision must not be allowed to do so. Minority viewpoints expressed by groups or individuals must be heard, and observers must be made to feel welcome. It is important that the committee create a calm, nonvolatile environment in which to deal with a potentially volatile situation. To this end, the complainant will be kept continuously informed of the progress of the complaint.
The committee will listen to the views of all interested persons before reaching a decision. In deliberating its decision, the committee should remember that the school system must be responsive to the needs, tastes, and opinions of the community it serves. Therefore, the committee must distinguish between broad community sentiment and attempts to impose personal standards. The deliberations should concentrate on the appropriateness of the material. The question to be answered by the committee is, "Is the material appropriate for its designated audience at this time?"
The committee's final recommendation will be (1) to remove the challenged material from the total school environment, (2) to take no removal action, or (3) to agree on a limitation of the educational use of the materials.
The committee chairperson will instruct the committee’s secretary to convey the committee's recommendation to the office of the superintendent. The recommendation should detail the rationale on which it was based. A letter will be sent to the complainant outlining the committee's final decision.
605.3E2 RECONSIDERATION OF INSTRUCTIONAL MATERIALS
605.3E2 RECONSIDERATION OF INSTRUCTIONAL MATERIALS(FORM ATTACHED)
605.3E3 SAMPLE LETTER TO INDIVIDUAL CHALLENGING INSTRUCTIONAL MATERIALS
605.3E3 SAMPLE LETTER TO INDIVIDUAL CHALLENGING INSTRUCTIONAL MATERIALSDear:
We recognize your concern about the use of in our school district. The school district has developed procedures for selection of instructional materials but realizes that not everyone will agree with every selection made.
To help you understand the selection process, we are sending copies of the school district's:
1. Instructional goals and objectives,
2. Instructional Materials Selection policy statement, and
3. Procedure for reconsideration of instructional materials.
If you are still concerned after you review this material, please complete the Reconsideration Request Form and return it to me. You may be assured of prompt attention to your request. If I have not heard from you within one week, we will assume you no longer wish to file a formal complaint.
Sincerely,
605.3R1 RECONSIDERATION OF INSTRUCTIONAL MATERIALS REGULATION
605.3R1 RECONSIDERATION OF INSTRUCTIONAL MATERIALS REGULATIONA. A resident of the school district may raise an objection to instructional materials used in the school district's education program despite the fact that the individuals selecting such material were duly qualified to make the selection and followed the proper procedure and observed the criteria for selecting such material.
1. The school official or employee receiving a complaint regarding instructional materials shall try to resolve the issue informally. The materials shall remain in use pending the outcome of the reconsideration procedure.
a. The school official or employee initially receiving a complaint, shall explain to the individual the board's selection procedure, criteria to be met by the instructional materials, and qualifications of those persons selecting the material.
b. The school official or employee initially receiving a complaint shall explain to the individual the role of the objected material in the education program, its intended educational purpose, and additional information regarding its use. In the alternative, the employee may refer the individual to the media specialist who can identify and explain the use of the material.
2. The employee receiving the initial complaint shall advise the building principal of the initial contact no later than the end of the school day following the discussion with the individual, whether or not the individual has been satisfied by the initial contact. A written record of the contact shall be maintained by the principal in charge of the attendance center.
3. In the event the individual making an objection to instructional materials is not satisfied with the initial explanation, the individual shall be referred to the principal or to the media specialist of the attendance center. If, after consultation with the principal or media specialist, the individual desires to file a formal complaint, the principal or media specialist will assist in filling out a Reconsideration Request Form in full and filing it with the superintendent.
B. Request for Reconsideration
1. A resident of the school district may formally challenge instructional materials on the basis of appropriateness used in the school district's education program. This procedure is for the purpose of considering the opinions of those persons in the school district and the community who are not directly involved in the selection process.
2. Each attendance center and the school district's central administrative office will keep on hand and make available Reconsideration Request Forms. Formal objections to instructional materials must be made on this form.
3. The individual shall state the specific reason the instructional material is being challenged. The Reconsideration Request Form shall be signed by the individual and filed with the superintendent.
4. The superintendent shall promptly file the objection with the reconsideration committee for re-evaluation.
5. Generally, access to challenged instructional material shall not be restricted during the reconsideration process. However, in unusual circumstances, the instructional material may be removed temporarily by following the provisions of Section B.6.d. of this rule.
6. The Reconsideration Committee
a. The reconsideration committee shall be made up of eight members.
(1) One licensed employee designated annually by the superintendent.
(2) One media specialist designated annually by the superintendent.
(3) One member of the administrative team designated annually by the superintendent.
(4) Three members of the community appointed annually by the board.
(5) Two high school students, selected annually by the high school principal.
b. The committee shall annually select their chairperson and secretary.
c. The committee shall meet at the request of the superintendent.
d. Special meetings may be called by the superintendent to consider temporary removal of materials in unusual circumstances. Temporary removal shall require a two-thirds vote of the committee.
e. Notice of committee meetings shall be made public through appropriate publications and other communications methods.
f. The committee shall receive the completed Reconsideration Request Form from the superintendent.
g. The committee shall determine its agenda for the first meeting which may include the following:
(1) Distribution of copies of the completed Reconsideration Request Form.
(2) An opportunity for the individual or a group spokesperson to talk about or expand on the Reconsideration Request Form.
(3) Distribution of reputable, professionally prepared reviews of the challenged instructional material if available.
(4) Distribution of copies of the challenged instructional material as available.
h. The committee may review the selection process for the challenged instructional material and may, to its satisfaction, determine that the challenge is without merit and dismiss the challenge. The committee will notify the individual and the superintendent of its action.
i. At a subsequent meeting, if held, interested persons, including the individual filing the challenge, may have the opportunity to share their views. The committee may request that individuals with special knowledge be present to give information to the committee.
j. The individual filing the challenge shall be kept informed by the reconsideration committee secretary on the status of the Reconsideration Request Form throughout the reconsideration process. The individual filing the challenge and known interested parties shall be given appropriate notice of meetings.
k. At the second or a subsequent meeting the committee shall make its decision. The committee's final decision may be to take no removal action, to remove the challenged material from the school environment, or to limit the educational use of the challenged material. The sole criteria for the final decision is the appropriateness of the material for its intended educational use. The written decision and its justification shall be forwarded to the superintendent for appropriate action, the individual and the appropriate attendance centers.
Following the superintendent's decision with respect to the committee's decision, the individual or the chairperson of the reconsideration committee may appeal the decision to the board for review. Such appeal must be presented to the superintendent in writing within five days following the announcement of the superintendent's decision. The board will promptly determine whether to hear the appeal.
l. A recommendation to sustain a challenge shall not be interpreted as a judgment of irresponsibility on the part of the individuals involved in the original selection or use of the material.
m. Requests to reconsider materials which have previously been reconsidered by the committee must receive approval of two-thirds of the committee members before the materials will again be reconsidered. Completed and filed Reconsideration Request Forms shall be acted upon by the committee.
n. If necessary or appropriate in the judgment of the committee, the committee may appoint a subcommittee of members or nonmembers to consolidate challenges and to make recommendations to the full committee. The composition of this subcommittee shall approximate the representation of the full committee.
o. Committee members directly associated with the selection, use, or challenger of the challenged material shall be excused from the committee during the deliberation of the challenged instructional materials. The superintendent may appoint a temporary replacement for the excused committee member, but the replacement shall be of the same general qualifications as the member excused.
p. Persons dissatisfied with the decision of the board may appeal to the Iowa Board of Education pursuant to state law.
Approved 3/19/01 Reviewed 8/23/2023 Revised
EXHIBIT 605.3E5: REQUEST TO PROHIBIT A STUDENT FROM ACCESSING SPECIFIC INSTRUCTIONAL MATERIALS
EXHIBIT 605.3E5: REQUEST TO PROHIBIT A STUDENT FROM ACCESSING SPECIFIC INSTRUCTIONAL MATERIALS cjenness@e-hawks.org Thu, 08/24/2023 - 08:49REGULATION 605.3R1: OBJECTION TO INSTRUCTIONAL AND LIBRARY MATERIALS-RECONSIDERATION OF INSTRUCTIONAL AND LIBRARY MATERIALS REGULATION
REGULATION 605.3R1: OBJECTION TO INSTRUCTIONAL AND LIBRARY MATERIALS-RECONSIDERATION OF INSTRUCTIONAL AND LIBRARY MATERIALS REGULATIONA. A member of the school district community may raise an objection to instructional materials used in the school district's education program. While the individuals recommending the selection of such material were duly qualified to make the selection and followed the proper procedure and observed the criteria for selecting such material; the district must be ready to acknowledge that an error in selection may have been made despite this process. School employees regularly read great numbers of reviews in the selection process, and occasional errors are possible.
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The complainant will address the complaint at the lowest organizational level of licensed staff. Often this will be the classroom teacher.
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The school official or employee receiving a complaint regarding instructional or library materials will try to resolve the issue at the lowest organizational level. The materials generally will remain in use pending the outcome of the reconsideration procedure.
a. The school official or employee initially receiving a complaint will explain to the individual the district's selection procedure, criteria to be met by the instructional materials, and qualifications of those persons selecting the material.
b. The school official or employee initially receiving a complaint will explain to the individual the role of the objected material in the education program, its intended educational purpose, and additional information regarding its use. In the alternative, the employee may refer the individual to the teacher-librarian who can identify and explain the use of the material.
c. The school official or employee receiving the initial complaint will direct the complainant to complete the Request for Reconsideration of Instructional and Library Materials Form, and notify the building level principal of receipt of the complaint within two school days after the reconsideration form is received. School officials will offer to assist the complainant in completing the form, but if a complainant refuses to complete the form, the complaint will be deemed invalid and no further action will be taken.
B. Request for Reconsideration
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A member of the school district community may formally challenge instructional and library materials on the basis of appropriateness used in the school district's education program. This procedure is for the purpose of considering the opinions of those persons in the school district and the community who are not directly involved in the selection process.
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Each attendance center and the school district's central administrative office will keep on hand and make available Requests for Reconsideration of Instructional and Library Materials Forms.
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The individual will state the specific reason the instructional or library material is being challenged. The Request for Reconsideration of Instructional and Library Materials Form is signed by the individual and filed with the building-level principal.
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The building-level principal will promptly file the objection with the Superintendent for re-evaluation. IASB Policy Reference Manual IASB Policy Management Console
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The Superintendent will convene a reconsideration committee within two weeks of receipt of the Reconsideration Form.
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The committee will make their recommendation to the Superintendent within five school days of meeting.
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The Superintendent will issue a decision related to the Reconsideration Request Form within 5 school days of receipt of the committee’s recommendation. A copy of the Superintendent’s decision will be provided to the complainant.
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An appeal of the Superintendent’s decision may be filed with the board secretary within five days of the Superintendent’s decision. The board will determine whether to hear the appeal at the next regular meeting or within 30 days of the Superintendent’s decision, whichever is later. If the board elects to hear the appeal, the board will act to affirm, modify or reverse the decision of the Superintendent. The board’s decision will be communicated to the complainant. The board’s decision will be deemed final.
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Generally, access to challenged instructional material will not be restricted during the reconsideration process. However, in unusual circumstances, the instructional material may be removed temporarily by following the provisions of Section B.10.d. of this rule.
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The Reconsideration Committee
a. The reconsideration committee is made up of eight members.
(1) One licensed employee designated annually, as needed, by the superintendent.
(2) One teacher-librarian designated annually by the superintendent.
(3) One member of the administrative team designated annually by the superintendent.
(4) Three members of the community, appointed annually, as needed, by the board.
b. The committee will select their chairperson and secretary.
c. The committee will meet at the request of the superintendent.
d. Special meetings may be called by the board to consider temporary removal of materials in unusual circumstances. A recommendation for temporary removal will require a two-thirds vote of the committee.
e. The committee may be subject to applicable open meetings and public records laws. Notice of the committee meeting is made public through appropriate communication methods as required by law.
f. The committee will receive the completed Reconsideration Request Form from the superintendent.
g. The committee will determine its agenda for the meeting which may include the following:
(1) Distribution of copies of the completed Reconsideration Request Form.
(2) An opportunity for the individual or a group spokesperson to talk about or expand on the Reconsideration Request Form.
(3) Distribution of reputable, professionally prepared reviews of the challenged instructional material if available.
(4) Distribution of copies of the challenged instructional material as available. h. The Committee will determine whether interested persons, including the individual filing the challenge, may have the opportunity to share their views. The committee may request that individuals with special knowledge be present to give information to the committee.
i. The committee's final recommendation may be to take no removal action, to remove the challenged material from the school environment, or to limit the educational use of the challenged material. The sole criterion for the final recommendation is the appropriateness of the material for its intended educational use. The written final recommendation and its justification are forwarded to the superintendent, the complainant and the appropriate attendance centers.
j. The individual filing the challenge is kept informed by the Superintendent of the status of the reconsideration request throughout the reconsideration process. The individual filing the challenge and known interested parties are given appropriate notice of meetings as required by law.
k. Following the superintendent’s decision with respect to the committee's recommendation, the individual may appeal the decision to the board for review.
l. A recommendation to sustain a challenge will not be interpreted as a judgment of irresponsibility on the part of the individuals involved in the original selection or use of the material.
m. Requests to reconsider materials which have previously been reconsidered by the committee must receive approval of two-thirds of the committee members before the materials will again be reconsidered.
n. If necessary or appropriate in the judgment of the committee, the committee may consolidate related challenges, or decline to hear multiple challenges to the same materials. Generally, the committee will not hear subsequent challenges to the same materials within the same school year.
Original Adopted Date: 8/23/23 Last Revised Date: Last Reviewed Date: