The Fort Worth Independent School District is in the process of returning books back to library shelves that were pulled eight months ago for review of sexual or violent content. Although the district removed more than 100 books, it’s unclear how many of them will be returning.
District officials confirmed this week that “the book review process was completed, and books are in the process of being returned to appropriate campuses based on the decisions made regarding age/grade level appropriateness,” according to Fort Worth ISD spokesperson Jessica Becerra. The books have been unavailable to students since the beginning of the 2023-24 school year after they were transferred to the district’s professional library to be reviewed for “developmentally appropriate” content by a committee of master-certified librarians, officials said.
All school libraries were closed during the first two weeks of school when the books were removed amid the district’s inventory process.
“The return process should be completed in the next couple of weeks,” Becerra said in a statement.
District officials did not respond to questions asking if the books would be returned to shelves before the last day of school on May 23 nor how many of the reviewed books were coming back, as of Tuesday afternoon.
District officials originally stated that the book review process was prompted by a new state law that went into effect on Sept. 1, which required book vendors that sell books to schools to give a “sexually relevant” or “sexually explicit” rating to titles containing depictions or references of sexual content. Books labeled as “sexually relevant” required parent permission for students to check out, and books labeled as “sexually explicit” were banned from libraries. The law went into effect before criteria was issued outlining these definitions.
In recent months as the Star-Telegram has inquired about updates regarding the book review process, district officials have now stated that the Fort Worth ISD review was independent of the new Texas law, according to spokesperson Cesar Padilla.
Officials have also said the district’s review is independent of direct challenges, as the book removals came about two weeks after the Tarrant County chapter of Citizens Defending Freedom announced it had found more than 100 books it deemed to be inappropriate through an independent audit of the district’s middle and high school libraries. The conservative nonprofit organization has been vocal in book debates in various states.
The Star-Telegram in February filed an open records request to the district for meeting minutes of the committee reviewing the banned books and was told there were no responsive documents.
Before the August removal of books and the district’s release of its full list of banned titles, officials announced in July that three books were being removed from elementary and middle schools after being deemed inappropriate: “Gender Queer: A Memoir” by Maia Kobabe, “Flamer” by Mike Curato, and “Wait What? A Comic Book Guide to Relationships, Bodies, and Growing Up” by Heather Corinna.
Kobabe’s and Curato’s books were among the top 10 most challenged books of 2023, according to the American Library Association. Most of the books on the association’s list were removed by the district, including “The Bluest Eye” by Toni Morrison, “All Boys Aren’t Blue” by George Johnson and “The Perks of Being a Wallflower” by Stephen Chbosky. Almost half of the books targeted nationwide in 2023 focused on LGBTQ+ themes or included experiences or voices of people of color, according to the association.
Book ratings law struck down by appeals court
Before House Bill 900 went into effect as law, a coalition of Texas bookstores and national bookseller associations sued the state, claiming the legislation violated the First and 14th amendments through “vague and overbroad” regulations on speech and targeting protected speech, according to the Texas Tribune. In January, the 5th Circuit Court of Appeals blocked the Texas Education Agency from enforcing the law. The full panel of judges of the 5th Circuit doubled down on this ruling last week on April 16 in a split vote, declining to reconsider the case.
“The Fifth Circuit has again affirmed that the state cannot force booksellers to engage in compelled speech and create mandates that would force them out of business. We’re pleased it has upheld the injunction against HB900. This decision makes clear the importance of protecting free speech. It’s a victory not only for Texas but for the fundamental principles of our democracy,” said Laura Prather, Haynes Boone law firm partner and chair of the Media Law Practice Group, who is the lead attorney representing the plaintiffs in the case.
State officials have the option to appeal the decision further to the U.S. Supreme Court with a deadline of July 15, according to Haynes Boone law firm.
The Star-Telegram has reached out to the Texas Education Association for comment regarding the 5th Circuit’s latest ruling and whether the state decides to appeal it further.
This story was originally published April 23, 2024 4:14 PM.