Department of Education Drops Book Ban Complaints, Rescinds Related Guidance

The U.S. Department of Education building in Washington on July 21, 2007. Saul Loeb/AFP via Getty Images

The U.S. Department of Education has taken steps to end what it called the “book ban hoax” promoted by the previous administration.

On Jan. 24, the department’s Office for Civil Rights (OCR) announced the dismissal of 11 complaints related to alleged book bans in schools and rescinded guidance that suggested removing certain books from school libraries could violate civil rights laws.

The new department leadership said that decisions about school library content should be made at the local level by parents and school boards, not regulated by federal civil rights offices.

“By dismissing these complaints and eliminating the position and authorities of a so-called ‘book ban coordinator,’ the department is beginning the process of restoring the fundamental rights of parents to direct their children’s education,” Acting Assistant Secretary for Civil Rights Craig Trainor stated.

He emphasized the department’s commitment to ensuring local control over public education.

“The department adheres to the deeply rooted American principle that local control over public education best allows parents and teachers alike to assess the educational needs of their children and communities,” he said.

In June 2023, then-President Joe Biden announced the appointment of a “book ban coordinator” within the OCR. This coordinator was tasked with informing school districts that prohibiting certain books could violate federal law.

The Biden administration considered book exclusions to be a threat to civil rights, particularly for LGBT students and other minority communities.

“Book banning erodes our democracy, removes vital resources for student learning, and can contribute to the stigma and isolation that LGBTQI+ people and other communities face,” Biden’s White House said at the time.

The current OCR leadership, following a review initiated on Jan. 20, has determined that the issue of book removal is a matter of parental and community judgment rather than civil rights. The department’s attorneys said that books are not being “banned,” but rather that school districts, working together with parents and community stakeholders, have established “commonsense processes” to evaluate and remove age-inappropriate materials.

The OCR’s investigation revealed that the first complaint was filed on Feb. 23, 2022, against Forsyth County School District in Georgia.

The complaint alleged the district violated Title IX and Title VI when it removed eight books containing sexually explicit material from the school library. Despite initial calls for dismissal from OCR’s Atlanta office, OCR leadership in Washington overruled the regional office and extracted a resolution agreement from the district, according to the Department of Education.

This agreement, which required the district to post statements embracing diversity, equity, and inclusion and encourage students to make Title IX and Title VI complaints, will now be terminated along with any associated obligations.

The book ban debate has been particularly heated in states such as Texas and Florida. In March 2023, a federal judge ordered the return of previously excluded books containing sexual and racial content to libraries in Llano County, Texas. County commissioners ultimately voted to keep the libraries open with the books on the shelves after considering their possible closure.

Free speech advocacy group PEN America reported more than 10,000 cases of book exclusion in public schools during the 2023-24 school year. The nonprofit said that the most targeted books were those by women and minority groups, on topics about racism, sexuality, gender, and history.

Supporters of the exclusions said that it is necessary to remove age-inappropriate content to protect children.

The decision by the Education Department comes in the wake of broader actions by the Trump administration to dismantle diversity, equity, and inclusion (DEI) programs. Trump recently signed an executive order cutting off federal funding to learning institutions that mandate provisions or hire contractors that engage in DEI practices.

From NTD News