Policy 8.1205

Challenge Procedures for Instructional Materials

1. Grievance Procedures Concerning Instructional Materials Including Textbooks, Library Media Materials, and Supplemental Classroom Instructional Materials

1. The Superintendent or his/her designee is authorized to administer the following procedures in accordance with federal and state law to insure timely and objective review of instructional materials, including textbooks.

2. Any resident of Palm Beach County, or adult student or parent of a child attending public school in Palm Beach County may file a complaint with a school concerning the use of a particular library book, or non-print media. Challenged materials may be removed from use in the school where the complaint was initiated only after the complaint and decision procedures of this Policy have been completed.

3. Complaints filed by a parent or adult student shall be heard in the school in which that student is registered. If the parent has children at different schools in Palm Beach County, then the complaint must specify which school(s) the complaint pertains to and it will be heard in that/those school(s). If the complainant is not the parent of a child in the school district, the complaint will be assigned to the appropriate school within the boundary corresponding to the residence of the complainant for review if the material is located at that school or to the school in close proximity where the material is located.

2. School Level: Informal Complaint

1. Any complaint arising out of the use of a material in a school shall be registered in writing with the principal of the school. Within five school days of the receipt of the complaint, the principal and/or his/her designee and the appropriate staff member(s) shall meet with the complainant to explain:

1. the school's selection procedures for these materials;

2. the criteria used for the selection of these materials;

3. the role that the material in question has in the school's curriculum or library media center or classroom collection; and

4. whatever additional information is deemed needed regarding the item's use.

2. If the complainant is not satisfied with the explanation and desires to file a formal complaint, the formal procedures below shall be followed.

3. School Level: Formal Complaint

1. The complainant shall obtain a copy of form PBSD 1113 ("Request for Reconsideration of Instructional Materials") from the principal or a designee. A copy of the form is also available on the District's Web site at www.palmbeach.k12.fl.us/Records/PDF/1113.pdf and is incorporated herein by reference as part of this Policy. The complainant shall sign and complete the form in its entirety for each instructional material to be considered, including stating the basis of the objection, retain one copy, and send one copy of the completed form to the principal of the school. Failure to completely fill out the form along with complainant's signature will result in the rejection of the form and no formal review process under this subsection will be initiated.

2. A challenge to the same material(s) by multiple challengers within one school can be consolidated into one challenge for consideration by the School Materials Review Committee, principal, Superintendent, District Material Review Committee, and School Board (the reviewing persons and entities) as set forth in the below proceedings.

3. A challenge to multiple materials will require additional preparation time for the reviewing persons and entities set forth below. A challenge of more than five instructional materials will add an additional two (2) days per item to the time deadlines for the school or District actions that are specified within this Policy.

4. For materials usedin that school, the completed form and the material in question shall be studied by a School Materials Review Committee appointed on an ad hoc basis by the school principal. Representation on the School Materials Review Committee should reflect the diversity of the District and school, and the following provisions apply:

1. The committee shall consist of the principal or his/her designee of the school where the complaint was made; two teachers in the appropriate subject area/grade; one teacher from another subject area/grade; a library media specialist; a guidance counselor; one student from the appropriate grade level or a student who is accomplished in the specific subject area (middle and senior high school only); one lay person from the school's Parent-Teacher Association or the School Advisory Council; a representative designated by the Area Superintendent, and a representative from the District department representing Instructional Materials, Curriculum and/or Library Media Services.

2. The School Materials Review Committee shall meet within fifteen (15) school work days of receipt by the principal of the reconsideration form. The complainant shall be notified of the committee's meeting date and time and shall be invited to present arguments for no more then 10 minutes unless time is extended by the committee for good cause. A question/answer period or committee discussion may follow the presentation at the committee's discretion.

3. The School Materials Review Committee shall solicit, if readily available, professional written reviews of the material, from sources such as those listed in School Board Policy 8.12(6)(d)(i).

4. The School Materials Review Committee shall be chaired by the principal or his/her designee. A recorder of minutes shall be appointed from the membership of the committee to take minutes and to record the recommendation of the committee.

5. If the review is not completed, the committee may schedule additional meetings. Within five (5) school work days of its final meeting, the School Materials Review Committee shall prepare the committee's recommendation with supporting reasons and use form PBSD 1857, School Materials Review Committee Recommendations, or a signed letter written on school letterhead. The form can be found on the District's Web site at www.palmbeach.k12.fl.us/Records/PDF/1857.pdf and is incorporated herein by reference.

5. Guidelines for Committee's Recommendation.-- The School Materials Review Committee shall review enough of the relevant portions of the material being challenged in order to make an informed recommendation on the request. The committee shall also consider readily available reviews of the material, study the comments on the complainant's questionnaire, consider one or more of the evaluative criteria in Policy 8.12(6) (for media center and supplemental class room instructional materials) or State requirements and guidelines and Policy 8.122 (for textbooks) and shall render a decision based on a majority vote.

1. The selection criteria in Policy 8.12(6), for media center and supplemental classroom instructional materials, shall be made available to all interested persons.

2. The recommendation to the principal will be based on the selection criteria in School Board Policy 8.12(6) (for media center and supplemental classroom instructional materials), State requirements and guidelines and School Board Policy 8.122 (for textbooks), and the following additional factors and criteria:

1. educational significance of the material;

2. appropriateness of age and maturity level;

3. need and value to the collection/curriculum;

4. summation of the professional reviews on the media;

5. literary merit;

6. validity, accuracy, objectivity, and up-to-date and appropriate information;

7. freedom from stereotypes, bias, prejudice or distortion; and

8. timeliness or permanence.

9. In addition, the recommendation shall also consider the provisions in the School Board's collective bargaining agreement with CTA relating to academic freedom and responsibilities--Article II, Section K--to the extent those provisions are applicable. However, pursuant to current case law, the committee may not recommend removal of non-curricular books from the school's media center or classroom simply because a majority of the committee dislikes the ideas or the points-of-view contained in the media center instructional or supplemental classroom instructional materials.

6. Committee's Recommendation to the Principal.-- The committee's final recommendation shall be immediately forwarded to the school principal and may be any or a combination of the following:

1. allow the challenged material to maintain its current status;

2. leave the challenged material in the classroom or library media center, but allow students to use alternate materials approved by school personnel who require the use of the disputed item;

3. limit the educational use of the challenged material;

4. transfer the challenged material to a higher level school (e. g. elementary to a middle school); and/or

5. remove the challenged material from the school environment.

7. Principal's Written Decision.-- Within five (5) school work days after receipt of the School Materials Review Committee's recommendation, the principal shall make a decision, based on the same criteria considered by the committee as set forth in subsection (3)(e) above, on whether to follow the committee's recommendation, and shall inform the complainant in writing of the recommendation of the committee, the principal's decision, and the reasons for the recommendation and decision. This written communication must inform the complainant of the next level of appeal under this policy and the time deadline. Such communication shall be sent by regular U. S. Mail, and certified mail, return receipt requested.

4. District Level: Formal Appeal.-- The complainant may appeal the principal's decision to the Superintendent, subject to the following provisions.

1. If the complainant appeals the principal's decision, the principal shall send copies of all reports and communications to division and department heads that supervise Instructional Materials, Curriculum and Library Media Services and to the appropriate Area Superintendent.

2. Access to challenged materials shall not be restricted during the reconsideration process; the materials shall remain in use unless the School Materials Review Committee, through formal vote, recommended removal of the instructional materials to the principal, and the decision to remove is made by the principal.

3. Within twenty (20) calendar days of the date of the principal's decision, the complainant shall notify the Superintendent in writing of the request to appeal. Failure to comply with these requirements will result in the appeal not being considered.

4. Within twenty (20) school work days of receipt of such request, the Superintendent or his/her designee and appropriate staff shall review the action taken at the school level and issue a decision based on the same criteria set forth in subsection (3)(e) above and with the same alternative results as set forth in subsection (3)(f) above. If the decision does not include further review by the Superintendent/designee (and District Materials Review Committee), the complainant shall be so notified of the decision and be informed of the ability and deadline to request in writing an appearance to appeal directly to The School Board of Palm Beach County, Florida in accordance with this Policy. Notice to the complainant shall be made by regular U. S. Mail and certified mail, return receipt requested.

5. If the Superintendent finds cause for further review, the complaint shall be submitted to a District Materials Review Committee whose representation reflects the diversity of the District and school, appointed on an ad hoc basis by the Superintendent or his/her designee, according to the following provisions:

1. Representation on District Instructional Materials Committees should reflect the diversity of the District and schools.

2. Individuals on the District Materials Review Committee cannot be the same as those that served on the School Materials Review Committee.

3. The committee shall consist of the Assistant Superintendent, Curriculum, or his/her designee; an appropriate Area Superintendent or designee; one principal at the appropriate level; a division or department head that supervises Instructional Materials, Curriculum, and/or Library Media Services, an appropriate subject area Administrator/Program Planner; one teacher in the appropriate subject area/grade; one library media specialist; one student from the appropriate grade level or a student who is accomplished in the specific subject area (middle and senior high only); a representative from the Palm Beach County Council of Parent-Teacher Associations who will be appointed by the President of the District Association, a representative from the District Advisory Committee; and one lay person. The Chief Counsel to the School Board, or designated attorney(s) of his/her Office, may be invited to provide legal advice to the Committee, if deemed appropriate by the Superintendent.

4. In the event that a person from a position named above cannot be present at the District Materials Review Committee meeting(s), the Superintendent may appoint an alternate.

5. District Materials Review Committee Procedures

1. The District Materials Review Committee shall be chaired by the Assistant Superintendent, Division of Curriculum or his/her designee. A recorder of minutes shall be appointed from the membership of the committee to take minutes and to record the recommendation of the committee.

2. The District Materials Review Committee shall solicit, if readily available, professional written reviews of the material, from sources such as those listed in Policy 8.12(6)(d)(i).

3. The District Materials Review Committee shall meet and provide a recommendation with supporting reasons to the Superintendent within twenty (20) school work days of receipt of the referral from the Superintendent, based on the criteria set forth in subparagraph (4)(e)(v)D and paragraph (vi) below. The complainant shall be notified of the committee's meeting date and time and shall be invited to present argument for no more then 10 minutes, unless time is extended by the committee for good cause. A question/answer period or committee discussion may follow the presentation at the committee's discretion.

4. If the review is not completed, the committee may schedule additional meetings. Within five (5) school work days of its final meeting, the District Materials Review Committee shall prepare the committee's recommendations with supporting reasons.

6. Guidelines for Recommendation to the Superintendent.-- The District Materials Review Committee shall review enough of the relevant portions of the material being challenged in order to make an informed recommendation on the request. The committee shall also consider readily available reviews of the material, study the comments on the complainant's questionnaire, consider one or more of the evaluative criteria in School Board Policy 8.12(6) (for media center and supplemental classroom instructional materials) or State requirements and guidelines and School Board Policy 8.122 (for textbooks) and shall render a decision based on a majority vote.

1. The Selection Criteria in Policy 8.12(6) (for media center and supplemental classroom instructional materials) shall be made available to all interested persons.

2. The recommendation to the Superintendent will be based on the selection criteria in School Board Policy 8.12(6) (for media center and supplemental classroom instructional materials), State requirements and guidelines and School Board Policy 8.122 (for textbooks), as well as the following criteria:

1. educational significance of the material;

2. appropriateness of age and maturity level;

3. need and value to the collection/curriculum;

4. summation of the professional reviews on the media;

5. literary merit;

6. validity, accuracy, objectivity, and up-to-date and appropriate information;

7. freedom from stereotypes, bias, prejudice or distortion; and

8. timeliness or permanence.

9. In addition, the recommendation shall also consider the provisions in the School Board's collective bargaining agreement with CTA relating to academic freedom and responsibilities--Article II, Section K--to the extent those provisions are applicable. However, pursuant to current case law, the committee may not recommend removal of non-curricular books from the school's media center or classroom simply because a majority of the committee dislikes the ideas or the points-of-view contained in the media center or supplemental classroom instructional materials.

7. Committee's Recommendation to the Superintendent.-- The recommendation of the District Materials Review Committee and the basis for that recommendation shall be transmitted to the Superintendent; the Chief Academic Officer, the principal of the school that received the original complaint; and the complainant.

8. Superintendent's/Designee's Written Decision.-- The Superintendent or his/her designee shall make a final decision, based on the same criteria considered by the committee as set forth in subparagraph (4)(f) above, within five (5) school work days of receipt of the District Materials Review Committee recommendation, and send a written report of that decision to the Chief Academic Officer, the appropriate Assistant Superintendent, the principal of the school; and the complainant. The written decision shall state procedures and time limits to appeal to the Board if the complainant is dissatisfied. This decision shall be sent to the complainant by regular U. S. mail and certified mail, return receipt requested.

9. The Public Affairs Department shall make the selection criteria and a copy of the material(s) in question available for review upon request of interested persons.

5. Board Level Appeal

1. The complainant may appeal the decision of the Superintendent/designee to the School Board under subsection (4)(b) or paragraph (4)(d) above by filing a signed writing with the School Board Clerk within thirty (30) days of the decision and may request an appearance before the School Board.

2. After notice to the appealing party, the School Board Level review shall occur at a public meeting and allow presentation of evidence. The School Board's decision shall be based on the same criteria considered by the Superintendent as set forth in subsections (4)(f) and (h) above.

6. Policy Awareness

1. A copy of the selection and reconsideration procedures as set forth in this Policy and in Board Policy 8.12 should be a part of the Collection Development Policy for each school library media center and should be available for easy access and reference.

2. Each school principal should include at a minimum, a summary or references to this Challenge Policy and School Board Policy 8.12 in the school's staff handbook and shall review the selection and reconsideration procedures with the staff as needed, emphasizing Board policy pertaining to the teaching of controversial issues and the ethical considerations that are needed in handling citizen complaints with courtesy and integrity.