Some Virginia school divisions inaccurately citing 2022 state law to remove books from libraries

RICHMOND, Va. (WRIC) -- A new state report has found that some school divisions in Virginia have been inaccurately citing 2022 state law as justification for removing books from school libraries. 

“This is an interesting circumstance where there’s a law in place that has been used, but the law was never really intended for that use in the first place,” Justin Brown, Associate Director of the non-partisan Joint Legislative Audit and Review Commission, or JLARC, told 8News. 

JLARC found that while two-thirds of the school divisions that provided data for its report didn’t remove any books over a five-year period, a third did remove a total of 344 books from school libraries, with some divisions citing a 2022 law as the reason for the books' removal.

However, JLARC said the law has nothing to do with removing library materials. Instead, they said, the law simply requires school divisions to notify parents if instructional materials contain sexually explicit content, and allow parents to request alternative options for their individual student. 

“I’m just frustrated to see how many school boards ignored, essentially, and or used the state law as an excuse to pull books,” said Senator Jeremy McPike (D-Prince William). 

However, JLARC did point out that regardless of their reasoning, school divisions still have broad authority to remove books they deem inappropriate. 

“Some school divisions have decided that certain books should not be in school systems with minors, or parents should have that choice. Those decisions are not based under state law that was recently passed, those decisions are based under the constitution, that has been in place for over 50 years,” Senate Minority Leader Ryan McDougle (R-Hanover) told 8News.  

Only 70% of Virginia’s school divisions provided data for JLARC’s report.