Book Bans Are Not Just Bad Policy; They Can Raise Civil Rights Issues

By: Matt Nosanchuk, Deputy Assistant Secretary for Strategic Operations and Outreach, Office for Civil Rights, U.S. Department of Education

All students deserve access to learning environments that are inclusive and free from discrimination and that nurture their intellect, wellbeing, and creativity, preparing them for success in school and beyond. Books have been the gateway to learning and knowledge for millennia. And parents play a critical role in the education and learning of their children. That has not changed in this digital era.

While it is not the role of the U.S. Department of Education (Department) to make decisions on curricula or a school’s book screening process, it is our responsibility—through the Department’s Office for Civil Rights (OCR)—to ensure that schools protect the right of all students to have equal educational opportunities that are free from unlawful discrimination on the basis of race, color, national origin (including shared ancestry and ethnic characteristics), sex (including sexual orientation and gender identity), disability, or age. When students’ access to education is limited or denied because of discriminatory conduct based on one of these protected grounds, federal civil rights laws are implicated, and schools must respond.

This past spring, Second Gentleman Doug Emhoff and I traveled to the New York Public Library to meet with Student Ambassadors in the Library’s Books for All campaign. These students, who came from a range of schools throughout New York City, discussed their commitment to protecting the freedom to read and the important role that exposure to diverse books and authors has played in their own lives.

Throughout our nation, parents, students, teachers, librarians, and others have expressed deep concerns about the spread and substance of book bans. The Biden-Harris Administration shares those concerns, and the Department tapped me to serve as Deputy Assistant Secretary for Strategic Operations and Outreach, with the responsibility to coordinate supporting the public and school communities in understanding the civil rights impact that book restrictions can have. As part of this work, I lead trainings for schools, libraries, parents, teachers, and other education stakeholders to help them understand relevant civil rights legal requirements OCR enforces.

If a school prohibits its students from reading age-appropriate books by or about LGBTQI+ people, people of color, or people who share ancestry—such as Jewish, Muslim, Arab, and Sikh people—students may feel stigmatized, unwelcome, unsafe, or isolated at school. They may also face increased risk of harassment by school staff or their peers who associate them or their families with the books targeted for restriction. Circumstances such as these could give rise to a hostile environment for students at school, in violation of federal civil rights law.

Any individual who believes that a school or school district has failed to respond and address a violation of federal civil rights law can file a complaint with OCR through our website. Every complaint will be evaluated. Where we have jurisdiction, OCR will open the matter for further investigation and, where appropriate, will seek a resolution of the complaint that ensures all students’ civil rights are protected.

Our message to students, parents, teachers, and school officials is clear: When book bans run afoul of our civil rights laws, the Biden-Harris Administration has the commitment and authority to address them.