Question: Request for Reconsideration Policy

["Mrs. Laurita" <plaurita@STJOHNB.COM>]

I'm hoping to clarify some information that I was given.  I have searched
SCOTUS cases and the ALA Intellectual Freedom pages, but haven't found the
answer.

Last year, after 8 years of my requests.  Our school board finally passed a
Request for Reconsideration Policy.  Unfortunately, they did so while I was
out of the country.

They included the statement that the principal had the discretion of
removing items from circulation during the Request for Reconsideration
process. They made a few other little changes because they did not
understand the professional language in the policy.  (I won't belabor the
obvious point that if they had included me, this wouldn't have happened.)

This year, I have been working with new board members to remove the
statement about the principal removing books.  I keep stating that I trust
our current principal completely, but policies are not written for one
person.

Anyway, to the questions.  I recall that I read (years ago), SCOTUS ruled
that principals cannot remove books, but must abide by the procedure of the
Reconsideration policy.

Our diocesan lawyer has stated this is not true.  Because we are a private
school "certain rights are given up at the door."  Because of past BAD legal
advice, and my own gut, I doubt this statement.  Since we accept federal
funds, I do not think that we are exempt from these rulings.

Before I make a big deal out of this, I want to clarify the reality.
Legally, may the principal remove books if it's in the policy?  If not, are
we exempt because we are a private school?

Thanks for wading through this.

 Paula Laurita, MLIS
St. John the Baptist Catholic School, K-8
Madison, AL
plaurita@stjohnb.com

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