Legislation Clarifying that Virginia Code Does Not Allow for Censorship of Library Books Advances
Bill adds clarifying language back to Code section requiring parental notification of instructional material with sexually explicit content.
by Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
A bill clarifying that previous legislation requiring parental notification of instructional material with sexually explicit content does not allow for censorship of library materials is advancing in the General Assembly.
The Senate passed SB 235 on Tuesday by a vote of 22-to-18, with all Republicans except for one voting “no.”
The bill, introduced by Ghazala Hashmi (D-Henrico), adds back into Virginia Code language that was included in legislation enacting SB 656, the 2022 bill that required the state Department of Education to develop model policies ensuring parental notification of instructional materials with sexually explicit content.
That bill directed local school boards to enact policies consistent with or more comprehensive than the model policies—but it also stipulated that “the provisions of this act shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.”
The language prohibiting censorship, however, was omitted from Code. As a result, Hashmi said on the Senate floor on Tuesday, “the direction I feared we were going in (in 2022) is the direction that we actually saw come to pass, and that is the direction of book bans and censorship.”
She said the law has allowed school boards and superintendents to pull books from library shelves without going through established review processes.
Spotsylvania school division superintendent Mark Taylor—who is now on administrative leave—cited the “new law that took effect in 2022 concerning sexually explicit content in instructional materials” to support his decision in March of last year to remove 14 titles from high school libraries.
Taylor ordered the removal of 23 more titles in October of last year. (Last month, the School Board, under new leadership, voted to restore all the titles to school libraries.)
The initial bill, with the enactment clause prohibiting censorship, passed in 2022 with the support of Republicans in the House of Delegates and the Senate and Gov. Glenn Youngkin.
On Tuesday, Hashmi said to her Senate colleagues, “If you voted for this language in 2022, I would assume you’re voting for the same language in 2024.”
The only Republican to support Hashmi’s bill was David Suetterlein of Roanoke.
Christopher Head (R-Botetourt) described supporters of the bill as being “of the opinion that nothing ever should be prohibited from appearing in a library.”
“This now does prohibit a School Board from taking action that would remove something totally egregious,” he said. “You may call that censorship, but that’s good parenting in my mind.”
Schuyler VanValkenburg (D-Henrico), a teacher, pushed back against this assessment, saying the bill still permits local school boards to enact processes that “can be as rigorous and as lax as they’d like about how to take books out of school.”
“I don’t think most people have any concern with that idea. It requires parental notification and allows parents to make decisions for their own children,” he said. “What this bill is doing is stopping localities from ripping books off the shelf with no rigorous process.”
Tara Durant, the Republican Senator representing District 27, which includes Fredericksburg City and parts of Stafford and Spotsylvania, voted against Hashmi’s bill on Tuesday.
Durant was in the House of Delegates in 2022 and voted in support of the initial bill requiring parental notification of sexually explicit content.
The Advance reached out to Durant on Thursday for comment on the legislation but did not receive a response.
A version of Hashmi’s bill is in the Democratic-controlled House of Delegates as well.
Local Obituaries
To view local obituaries or to send a note to family and loved ones, please visit our website at the link that follows.
Weather and Traffic
Support Award-winning, Locally Focused Journalism
In less than a year, FXBG Advance has become the news leader in Fredericksburg, Spotsylvania, and Stafford through its innovative mix of:
Twice-daily newsletter - At 6 AM and 5 PM every Monday through Friday, the Advance brings the most important news directly to your inbox.
Education Reporting - Adele Uphaus has won multiple awards for her coverage of education issues locally and across the state. Now, she brings her experience, insights, and expertise to the Advance, providing our citizens some of the finest education writing and reporting in the commonwealth.
Political Reporting - From council meetings to campaigns, and fundraising to finance, the Advance is returning the Fourth Estate to its rightful place as a government watch dog.
Breaking News - From court cases to high-profile government moves, the Advance is the first to inform residents.
Investigative Journalism - Last year, the Advance broke major stories around improperly filed election documents, misleading sample ballots, disenfranchising Spotsylvania Count School parents, and book bans.
Election Coverage - The Advance offered the most complete coverage of the 2023 election, with in-depth candidate profiles, daily tracking of events, leading debates, and pre-dawn to post-midnight Election Day coverage. And 2024 brings even greater coverage.
Spotlights - From local businesses to nonprofit organizations and regional leaders, the Advance brings the people who make things happen to your attention.
Multi-partisan Commentary - Martin Davis is a 20-plus-year journalist recognized for superior commentary and political writing; Shaun Kenney has his hands on the pulse of political leaders across the Commonwealth. Together, they bring an unparalleled level of analysis and insight into the issues that drive debate in our region.
Political Cartoons - Clay Jones is a nationally recognized talent who draws weekly for CNN. He has returned to Fredericksburg to level his critical eye and razor-sharp drawing at the topics which make us both laugh, and look closer at ourselves.
New Dominion Podcast - Each week, Martin Davis and Shaun Kenney interview guests from across the region and the state. Growing to over 1,000 listeners in just six months, NDP has become a leading force in political, cultural, and social discussion.
We thank each and every one of you who have made the Advance a part of your day, and we’re excited to say that more-exciting announcements are just around the corner as we continue to innovate and expand our coverage of the region.
The donations of individual readers have made this year possible. Please join the hundreds who are supporting excellence in journalism by subscribing for just $8 a month.
Where does your money go?
It goes to support the great journalists we have - like Adele Uphaus - and the ones we look to hire in the year ahead.
If you can spare $8 a month, we’ll be both grateful, and reward your trust in us with more journalism, more stories, and more connections to organizations and people who make our region a great place to live.
If you can’t, thank you for reading the FXBG Advance!, and consider sharing us with your friends.
In 2024, let’s build an even better Advance - together!
Thank you for reading and supporting FXBG Advance.
-Martin Davis, Editor-in-Chief
Great article! No surprise that Tara Durant did not respond to a request for comment. Her whole political career is based on a sham.
"VA Code does not allow for censorship of library books advances." Carry on and thank you legislators!