Drag Queen Story Hour and Library Book Adoptions

Clarity in language is clarity in thought

In this post

• HB2439 - Bringing transparency to library book adoptions

• One redlined word…

• Letter to the AZ House Education Committee

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HB2439 - Bringing transparency to library book adoptions

HB2439 was introduced this legislative session to bring transparency into library book adoptions and establish, rightfully, that governing boards have authority to approve library books - just as they do all textbooks. This is needed legislation - until now there was no explicit statutory provision indicating the governing board had such authority. A bit of hyperbole, I admit, but without clear lines of authority here, what’s to stop school administrators believing they have discretion in this area to introduce Drag Queen Story Hour?

So I was pleased when I saw HB2439 introduced this legislative session. The first draft of the bill followed a nice logic:

First, amending ARS §15-102 on parental involvement in school to include a library transparency provision, signifying that the governing board’s authority in this area must align with the fundamental rights of parents:

Second, the drafters added new language to graft library book adoptions into ARS §§ 15-721, -722, the existing statutory mechanisms to adopt textbooks.

Here’s the redlined ARS § 15-721 for K-8 as initially proposed in the bill:

The red box and arrows are mine. That’s the operative provision that applies the Open Meeting Law (OML) to textbook adoption committees. No changes, all good.

2/ One Redlined Word…

Fine. But now look what happened to the OML provision in the initial draft of ARS §15-722. Was this the work of a lazy legislative aide, or a secret, insider loyalist of the ASBA cartel hoping to muck up the statutory rights of parents vis-a-vis their client governing boards:

For whatever reason the drafters deleted the word “selection” and added “approval” for high school textbook adoptions. This is problematic for a number of reasons - first, from a drafting perspective there was no need to alter subparagraph (B)(2) at all; the new library provision is not operationally tied to textbook adoption committees. But secondly, as everyone (other than ASBA member schools) should know by now from reading @ALegalProcess, textbook adoption committees have no authority to “approve” anything - they are advisory in nature.

Textbook adoption committees make recommendations to the only public body with authority to approve textbooks: the governing board. And by law - ARS §§15-721(F)(2) and ARS 15-722(B)(2) - they must do their work in open public meetings.

Why is any of this significant?

Clarity in language is clarity in thought. If the OML provision is changed to suggest that committees somehow, in someway, actually approve textbooks - the line of authority becomes blurred. Perceived “loopholes” emerge for recalcitrant school administrators with an agenda, armed with new statutory ambiguity. Suddenly all those unlawful textbook adoptions won’t look so unlawful. Why give this away?

3/ Letter to the AZ House Education Committee

So, I set to work to alert representatives working on HB2439, first via Twitter to Rep. Joesph Chaplik who was immediately responsive.

TheLegalProcess @ALegalProcess

@JosephChaplik I support HB2439, but NOT this word change in 7-22B2. As currently written, “review and select” better corresponds to work of board subcommittees in practice. Those meetings are subject to the OML, tho districts already do not comply. 1/2

January 24th 2022

1 Retweet5 Likes

He even cleverly plugged my Twitter handle:

Joseph Chaplik 🇺🇸 @JosephChaplik

@ALegalProcess We can always make an amendment in committee or COW. Thank you for being involved in the process.

January 24th 2022

3 Likes

I followed that exchange with an email memo to the co-sponsor of the bill, Rep. Udall:

Sure enough, HB2439 was amended and now passes to the Senate where I expect it will pass along party votes.

All is right now in the world. The OML provision continues to sit there on the books like Moses with a stone tablet, and if there is a secret cabal of ASBA loyalists in the ranks of legislative aides, they have been thwarted for now - if only the AG would look up from his electoral ambition to step up enforcement.