Florida is updating its training program for public school officials responsible for managing library and classroom books, addressing language that free speech advocates argued misrepresented state law and led to unnecessary book removals.

Clarifying State Law and Book Removals

The State Board of Education K-12 Chancellor Paul Burns announced these changes following persistent concerns from advocacy groups, which emerged after an October memorandum from the Florida Department of Education directed school leaders to remove any book containing “sexual conduct.” This directive was based on a law signed by Governor Ron DeSantis. Stephana Ferrell, co-founder and director of research and insight for the Florida Freedom to Read Project, welcomed the revisions but highlighted lingering issues within the training that could still prompt book removals. She expressed disappointment over the delayed action, attributing it to the potential litigation threat raised by the Foundation for Individual Rights and Expression (FIRE).

Arguments and Challenges

FIRE, a First Amendment watchdog, pointed out that Florida’s guidance overlooked an important provision that materials with sexual conduct should be removed only if inappropriate for the specific age group. The organization emphasized that this provision was intended for book challenges, not proactive removals. They also highlighted the broad definition of sexual conduct in Florida law, encompassing various sexual acts.

Books referencing sex, including many classic literary works, may be suitable for high school seniors but not for younger students, FIRE argued. Their objections led to last-minute amendments to the proposed training, making the distinction clearer and advising thorough reviews of materials rather than permanent removals based on single excerpts. The Florida Freedom to Read Project appreciated this change, acknowledging it as a step toward resolving the confusion.

Ongoing Concerns Among Advocacy Groups

Despite the improvements, concerns persist. The Florida Freedom to Read Project criticized the involvement of Moms for Liberty, a conservative group advocating for book removals, in the training workshop group. This move was seen as the state catering to a group that supports DeSantis, drawing criticism from book access advocates.

FIRE expressed satisfaction with the changes, stating that it would help curb rampant censorship in Florida school libraries, where many books were removed without proper evaluation. Aaron Terr, FIRE’s director of public advocacy, called it a win for Florida’s students, emphasizing the need for a balanced approach in evaluating the suitability of books.

However, the Florida Freedom to Read Project remains concerned about the training’s emphasis on caution in book removal decisions. Ferrell noted that the presentation slides still cite a criminal statute preventing the distribution of “harmful” materials to minors, which alarmed educators and contributed to a surge in book removals. The American Library Association reported that Florida led the nation in book challenges in 2023, with nearly 2,700 titles targeted for removal.

Impact on LGBTQ Titles and Future Legislation

The training revisions also clarified that laws regulating “instructional material” do not apply to library books. Despite this, some counties removed LGBTQ titles following a law restricting classroom instruction on gender identity and sexual orientation. Ferrell recommended removing references to “instructional materials” altogether to prevent confusion.

The revised training also references 2024 legislation limiting the number of book challenges non-parents or guardians can file. Andrew Spar, president of the Florida Education Association, appreciated some changes but stressed that confusion stemmed not just from the slides but also from the training meetings. He urged the State Board of Education to work closely with schools to ensure the law’s intent is communicated and to reduce confusion.