Why Polk County schools are handling these 16 books differently than a normal 'complaint'

BARTOW — According to Polk County Public Schools Superintendent Frederick Heid, during his first conversation on Dec. 10 with County Citizens Defending Freedom Education Division Leader and Executive Assistant Kayla Church, she shared "concerns" about 16 book titles her group felt were inappropriate for children.

But when those concerns were elevated on Jan. 25 to possible violations of two Florida statutes, with the potential for librarians or district officials to be arrested, Heid invoked a long-standing process to review books.

"Our typical process would allow for a book to be challenged at the individual school level," Heid said in an email to The Ledger. "When notified of a challenge, the school will work to convene a committee – inclusive of parents – to review the book and make a final recommendation of whether the book should be retained or removed. If the school committee determines that the book is to be retained, there is an appeal process that would elevate the review to the district level."

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Because this involved books at dozens of schools, Heid immediately applied the process to a district review of the books, following the district's policy.

"This state’s policy for the selection of school library materials states that any parent, guardian, student with parental consent, community member, or employee of the district may formally challenge library materials used in the district’s educational program,” the policy reads. “This policy further allows those persons in the school or the school community who are not directly involved in the selection of library materials to make their opinions known.” 

The complainant must then fill out a “Request for Examination of Materials Form.” If they do not, “no further consideration is mandated.” 

But CCDF did not fill out a Polk County Public Schools form. Instead, Church gave the superintendent more than 130 pages of documents, filled out by and using a rubric developed by Florida Citizens Alliance, based in Naples. That group had volunteers throughout the state read 58 books and write up their issues with each one, ranging from age-inappropriate to pornographic to "indoctrination" of students into the lesbian, gay, bisexual, transgender or queer lifestyle.

According to the district’s own policy, “the questioned material is not to be withdrawn from use during the period of examination.” But Heid ordered the materials “quarantined.” When asked why he removed the books, Heid said it was because CCDF accused the district of being in violation of several Florida statutes and his employees faced possible arrest and felony charges.

"The escalation from a 'concern' that a book is offensive to an allegation that we are in violation of statute justifies the need to remove these books and conduct a district-level review," Heid said. "As superintendent, I am obligated to investigate any allegation that we are in violation of the law. The two statutes cited state that these allegations could result in a felony charge for each and every event. As such, I feel that I must protect my staff from the possibility of potential criminal charges. Pausing their distribution ensures that my staff is protected while this review process takes place."

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Read the group's specific complaints here. 

He said he also decided to do a district review of the books to relieve multiple schools from having to review some of the same books.

"Their decisions might also be met with further challenges, which would ultimately result in a district-level review," Heid said. "We must conduct a thorough review that provides reassurance that we take these issues seriously. We must also proceed with transparency so the community can have confidence in this process and its final outcome."

The district is assembling a committee to review the 16 books. The list of committee members for a challenge at one school is supposed to consist of: 

• The principal or principal’s designee. 
• Library Media Specialist or Media Paraprofessional II. 
• Teachers (at least two) - Secondary schools should have an English/Language Arts teacher. 
• Parents (at least two; one may be a member of the school staff who has a child attending the school). 
• Students when appropriate (grades 6-12 only). 

School district spokesman Jason Geary said neither Heid nor any School Board member will serve on the committee.

Heid said the committee meetings will be public meetings and videotaped. District policy states that the complainant may attend, but only as an observer.

"All meetings will be held openly," Heid said. "These meetings will be advertised if members of the public wish to attend. Meetings will also be recorded and posted for the community to view. I believe in transparency, and these steps we have taken will address this situation orderly and fairly."

The policy states that "this committee must meet and reach a decision within two weeks from the date of the initial complaint.” It has been nearly two weeks since CCDF claimed PCPS was in violation of state statute.

Finally, district policy states that all members of the committee shall participate and vote on: 

• Retaining this item at all schools. 
• Retaining this item at Polk County middle schools and high schools only. 
• Retaining this item at Polk County high schools only. 
• Removing this item at all schools. 

Ledger reporter Kimberly C. Moore can be reached at kmoore@theledger.com or 863-802-7514. Follow her on Twitter at @KMooreTheLedger.