Some libraries in Idaho impose restrictions on who can challenge books

Do you want to challenge a book under the new library law? First, check your local guidelines.

After House Bill 710 took effect on July 1, schools and public libraries updated their book challenge procedures.

But each policy is a little different, with a set of standards for who can appeal. Some schools and libraries allow anyone to request that a book be moved or removed; others grant this privilege only to patrons.

The new law – known as the Children’s Schools and Libraries Protection Act – codifies two important changes to the policies governing the redemption of books from schools and public libraries.

First, it allowed minors or their parents or guardians to initiate a 60-day review process for an inappropriate book – or other material – that the minor had checked out from the library. If the plaintiffs are not satisfied with the review, they can file a civil suit. This process is clearly limited to patrons who can check out a book with a library card.

Second, the law required schools and libraries to have a book challenge form that referenced the definition “harmful to minors.” These documents, often called “requests for reconsideration,” were common in libraries before HB 710.

The law does not explicitly state who must submit such a form, and many libraries maintain their current policy that only district patrons can submit such a form.

Library officials say, “That’s our policy, and we will not open the library to anyone who is not a tax-paying resident of our jurisdiction,” says Mary DeWalt, director of the Ada Community Library.

The more restrictive policy protects against individuals or groups who deliberately steal books from different libraries.

“Our position on this is that it has to be the parent or guardian or the minor themselves who directly accessed the material,” DeWalt said. “Someone who sends a list from New Jersey does not have the appropriate legal standing. They do not have standing to sue.”

The Meridian Library District’s new 18-page Request for Reconsideration form details definitions and standards that will guide future book challenges. It also explains the nuances of complying with state law while respecting the right to access information under the First Amendment to the Constitution.

Meridian’s policy states that anyone can ask the library district to reconsider checking out a book. But it adds:

“Requests from individuals or groups who do not use or have access to the district’s materials will not be considered by the district.”

On Monday, the Boise School District went a step further. The board adopted an updated policy that only the parent or guardian of a child enrolled in a school in the district can challenge a library book. The previous policy stated that a “person residing in the district” could challenge a book, as could a parent or guardian.

Some school districts that limit book challenges to patrons are following the advice of the Idaho School Boards Association. The ISBA recently issued a policy stating that the request to move or remove material set out in HB 710 “specifically applies to minors or their parents or guardians who have received material from a school district or library.”

“It may be advisable to deny appeals or review requests from individuals who do not reside within district boundaries or have no other connection to the school,” ISBA guidelines state.

At first glance, it’s not obvious that HB 710 allows local policies to limit who can challenge a book. But library leaders say their lawyers have studied the new law and determined that limiting challenges to patrons is compliant. After all, you have to have access to a library before you can be “harmed” by what’s on the shelves.

“We’re confident it’s compliant,” Meridian Library Director Nick Grove said of his district’s policy. “Everything was done in coordination with our legal counsel. We’re not messing around.”

HB 710’s legislative sponsor, Rep. Jaron Crane, R-Nampa, did not respond to requests for comment.

However, not all libraries restrict the ability to challenge books. In Boise, anyone can ask the public library to review whether a book meets collection standards.

The same is true in Idaho Falls. Library Director Robert Wright said keeping the form was justified by citizens’ right to file complaints with the government.

“We are always willing to listen to people and hear their concerns,” Wright said. “That’s the goal of representative government, isn’t it?”

Meanwhile, the new law has not led to an increase in book challenges as some had expected. Since July 1, there have been no challenges at the Ada Community, Boise and Idaho Falls libraries.

“Everything was going on as usual,” DeWalt said.