605.3R1 - Reconsideration of Instructional Materials Regulation

A.         A member of the school district community may raise an objection to instructional materials used in the school district's education program. While the individuals recommending the selection of such material were duly qualified to make the selection and followed the proper procedure and observed the criteria for selecting such material; the district must be ready to acknowledge that an error in selection may have been made despite this process.  School employees regularly read great numbers of reviews in the selection process, and occasional errors are possible.

1.    The complainant will address the complaint at the lowest organizational level of licensed staff.  Often this will be the classroom teacher.

2.     The school official or employee receiving a complaint regarding instructional or library materials will try to resolve the issue at the lowest organizational level.  The materials generally will remain in use pending the outcome of the reconsideration procedure.

        a.    The school official or employee initially receiving a complaint will explain to the individual the district's selection procedure, criteria to be met by the instructional materials, and qualifications of those persons selecting the material.
        b.    The school official or employee initially receiving a complaint will explain to the individual the role of the objected material in the education program, its intended educational purpose, and additional information regarding its use.  In the alternative, the employee may refer the individual to the teacher-librarian who can identify and explain the use of the material.
        c.    The school official or employee receiving the initial complaint will direct the complainant to complete the Request for Reconsideration of Instructional and Library Materials Form, and notify the building level principal of receipt of the complaint within two school days after the reconsideration form is received.  Schools officials will offer to assist the complainant in completing the form, but if a complainant refuses to complete the form, the complaint will be deemed invalid and no further action taken.

B.    Request for Reconsideration

    1.    A member of the school district community may formally challenge instructional and library
           materials on the basis of appropriateness used in the school district's education program.  This
           procedure is for the purpose of considering the opinions of those persons in the school district and
           the community who are not directly involved in the selection process.
    
    2.    Each attendance center and the school district's central administrative office will keep on hand and
           make available Request for Reconsideration of Instructional and Library Materials Forms.  

    3.    The individual will state the specific reason the instructional or library material is being challenged.
           The Request for Reconsideration of Instructional and Library Materials Form is signed by the
           individual and filed with the building-level principal.  

    4.    The building-level principal will promptly file the objection with the Superintendent for re-
           evaluation.

    5.       The Superintendent will convene a reconsideration committee within two weeks of receipt of the
              Reconsideration Form.

    6.       The committee will make their recommendation to the Superintendent within five school days of
              meeting.

    7.       The Superintendent will issue a decision related to the Reconsideration Request Form within 5
              school days of receipt of the committee’s recommendation.  A copy of the Superintendent’s
             decision will be provided to the complainant.

    8.       An appeal of the Superintendent’s decision may be filed with the board secretary within five days
             of the Superintendent’s decision.  The board will determine whether to hear the appeal at the next
             regular meeting or within 30 days of the Superintendent’s decision, whichever is later.  If the board
             elects to hear the appeal, the board will act to affirm, modify or reverse the decision of the
             Superintendent.  The board’s decision will be communicated to the complainant. The board’s
            decision will be deemed final.

    9.       Generally, access to challenged instructional material will not be restricted during the
              reconsideration process.  However, in unusual circumstances, the instructional material may be
              removed temporarily by following the provisions of Section B.10.d. of this rule.

   10.     The Reconsideration Committee
                  a.       The reconsideration committee is made up of six members.
                              (1)    One licensed employee designated annually, as needed, by the superintendent.
                              (2)    One teacher-librarian designated annually by the superintendent.
                              (3)    One member of the administrative team designated annually by the superintendent.
                              (4)    Three members of the community appointed annually, as needed, by the board.

                  b.       The committee will select their chairperson and secretary.

                  c.       The committee will meet at the request of the superintendent.

                  d.       Special meetings may be called by the board to consider temporary removal of materials
                            in unusual circumstances.  A recommendation for temporary removal will require a two-
                            thirds vote of the committee.

                  e.       The committee may be subject to applicable open meetings and public records laws. 
                            Notice of the committee meeting is made public through appropriate communication
                            methods as required by law.

                  f.        The committee will receive the completed Reconsideration Request Form from the
                            superintendent.

                  g.       The committee will determine its agenda for the meeting which may include the
                            following:
                            (1)    Distribution of copies of the completed Reconsideration Request Form.
                            (2)    An opportunity for the individual or a group spokesperson to talk about or expand
                                    on the Reconsideration Request Form. 

                            (3)    Distribution of reputable, professionally prepared reviews of the challenged
                            instructional material if available.
                            (4)    Distribution of copies of the challenged instructional material as available.
       h.         The Committee will determine whether interested persons, including the individual
                   filing the challenge, may have the opportunity to share their views.  The committee may
                   request that individuals with special knowledge be present to give information to the
                   committee. 

       i.    The committee's final recommendation may be to take no removal action, to remove
                        the challenged material from the school environment, or to limit the educational use
                        of the challenged material.  The sole criterion for the final recommendation is the
                        appropriateness of the material for its intended educational use.  The written final
                        recommendation and its justification are forwarded to the superintendent, the
                       complainant and the appropriate attendance centers.
        
                  j.    The individual filing the challenge is kept informed by the Superintendent of the
                        status of the reconsideration request throughout the reconsideration process.  The
                        individual filing the challenge and known interested parties are given appropriate
                        notice of meetings as required by law.

                  k.    Following the superintendent’s decision with respect to the committee's
                         recommendation, the individual may appeal the decision to the board for review.  

                   l.    A recommendation to sustain a challenge will not be interpreted as a judgment of
                         irresponsibility on the part of the individuals involved in the original selection or use
                         of the material.

                  m.    Requests to reconsider materials which have previously been reconsidered by the
                          committee must receive approval of two-thirds of the committee members before
                          the materials will again be reconsidered.  

                   n.    If necessary or appropriate in the judgment of the committee, the committee may
                          consolidate related challenges, or decline to hear multiple challenges to the same
                          materials.  Generally, the committee will not hear subsequent challenges to the same
                          materials within the same school year.