FRANKFORT, Ky. (LEX 18) — On Thursday, the Kentucky Senate approved a measure that would create a new process for parents to challenge books and instructional material that they object to.
"Parents expect and deserve a process by which they can protect their children from sexual content they feel is inappropriate," said the bill's sponsor, Sen. Jason Howell, R-Murray. "SB 5 will establish a process parents and guardians can have trust in, knowing their concerns are valued and heard."
Senate Bill 5 "would ensure parental engagement in decision-making regarding a student's access to sexual materials that may be inappropriate or harmful to minors."
"Harmful to minors" is defined in the bill as material that:
(a) Contains the exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area, or buttocks or the female breast, or visual depictions of sexual acts or simulations of sexual acts, or explicit written descriptions of sexual acts;
(b) Taken as a whole, appeals to the prurient interest in sex; or
(c) Is patently offensive to prevailing standards regarding what is suitable material for minors.
Parents like Miranda Stovall, a mother who tried to get a book titled "Gender Queer" pulled from a few libraries in Jefferson County Public Schools, think parents deserve more of a say.
"In the K-12 public schools, there are so many different families all mixed into one building," said Stovall.
"The public schools need to use wise discernment of age-appropriate material for our children," she added.
Stovall explains that her issue with Gender Queer is "adult, sexual content."
"Graphic images of things that I can't tell you on the air because it will violate FCC regulations," she said.
Stovall tells LEX 18 that she believes the bill should go further, but she believes it's a start. And that is what worries some opponents.
"This is a book-banning bill," said Chuck Eddy, who testified against Senate Bill 5.
"Huckleberry Finn, Uncle Tom's Cabin - To Kill A Mockingbird - these are all books that have been banned by various school districts around the country over the years," he added. "It's a slippery slope, but it's starting sharply down."
Eddy points out that under the provisions of the bill, books like the Bible could be challenged and removed from public school libraries.
"Read Song of Solomon," said Eddy. "It's great, but it's pretty graphic."
The American Civil Liberties Union of Kentucky told lawmakers that the current bill appears to react to gender-affirming LGBTQ+ books, but similar measures have targeted other things in the past.
"In years past, the focus has been on race," said the ACLU's Kate Miller. "And in coming years, it will be on something new."
Stovall disagrees with the belief that the measure is about banning books because she believes parents can choose to find the books elsewhere.
"If a parent feels that Gender Queer is the right book for their child to read - you can get it at the public library," she said. "You can order it on Amazon. You can even download it as an e-book."
The grievance levels for parents and guardians established by SB5 include:
- A written complaint to the school's principal - the principal would decide, within 10 days, whether a student's access to the material will remain, be removed, or restricted, or whether access to a program or event shall be eligible for future participation by students in the school.
- Appeal to the local school board - The board must allow the opportunity for public comment at a school board meeting, and within 10 days, the board must discuss and vote on whether the material harms minors. The meeting would be subject to open records and open meeting requirements.
- Final disposition by the local school board - The board must make a determination on if the material shall remain, be removed, or restricted or whether access to a program or event shall be eligible for future participation by students in the school. The board must post their final disposition for public awareness on the school district's website.
- Final parent request - After the school board disposition, a written parent request shall be honored that his/her student no longer has access to the posted material, program or event.
