The school libraries housed within the Delaware Community School Corporation support and enrich the curriculum, students’ personal interests, and learning. Despite the careful selection of materials and the qualification of those involved in the selection process, objections to school library materials may occur.
A parent or guardian of a student enrolled in the Corporation or a community member who resides within the geographic boundaries of the Corporation (“Requester”) may submit a request to remove material from a school library on the grounds that the material is obscene or harmful to minors as those terms are defined by the Indiana criminal code:
-
35-49-2-1 Obscene matter or performance
-
A matter or performance is obscene for purposes of this article if:
-
(1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;
-
(2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
-
(3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
-
35-49-2-2 Matter or performance harmful to minors
A matter or performance is harmful to minors for purposes of this article if:
(1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse;
(2) considered as a whole, it appeals to the prurient interest in sex of minors;
(3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and
(4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors.
-
The Requester should first set up a meeting to discuss the item of concern with the Corporation Library Coordinator. At the time of the meeting, the item will be discussed and the Removal Request Form (H250-E) will be dated and handed over to the community member.
-
To initiate the review process, the Requester must return the Removal Request Form (Form H250-E) to the Corporation Library Coordinator.
-
The item will be kept on the library shelf until a final decision has been made regarding its status.
-
A Removal Request Committee will meet within two weeks of receiving the completed paperwork. The Corporation Library Coordinator, with the aid of a building administrator, will form a reconsideration committee made of:
-
Two parents (appointed by the building administrator)
-
Two teachers (appointed by building administrator)
-
Corporation Library Coordinator
-
Principal/Assistant Principal
The building principal will serve as the chair and select a recorder.
-
Within 30 days of receiving the form, the Removal Request Committee shall:
-
After the final decision, a certified letter from the Corporation Library Coordinator will be sent to the Requester. The committee’s decision will also be shared with the Superintendent.
-
If the Requester is not satisfied with the recommendation of the Committee, a written appeal may be made within ten (10) school days to the School Board. The appeal should be sent to the Superintendent. The Board will review the recommendation and appeal at the next public meeting. If the Requester submits no appeal, the Board will make its decision based on the recommendation of the Committee. The request for removal, Committee recommendation, and any appeal will be reviewed by the Board at the next public meeting following the recommendation.
The Corporation will not process requests regarding school library material previously subject to this procedure absent extenuating circumstances.
References:
IC 20-26-5.5 et seq.
IC 35-49-2-1 – Definition of “obscene”
IC 35-49-2-2 – Definition of “harmful to minors”
Delaware Community School Corporation
Adopted: 12/18/2023
Revised: