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3000 Series - Educational Programs » 3210 Parental Inspection and Objection to Instructional Materials

3210 Parental Inspection and Objection to Instructional Materials

In Wilkes County Board of Education policy 3200, Selection of Textbooks and Supplementary Materials, the Board of Education established a process for the selection of instructional materials that should meet State Board of Education requirements and the educational goals of the Wilkes County School Board of Education.
 
The Board of Education recognizes that parents still may have concerns about instructional materials used in the school district. To further involve parents in the education of their children, the Board of Education also provides opportunities for parents to review instructional materials and to object to the use of materials.
 
Parents who would like to inspect and review instructional materials should make a request in writing to the principal. The principal shall schedule a mutually agreeable date and time for the parent to come into the school to review the materials. All efforts should be made to schedule the time as soon as possible but no later than 10 business days from the date of the request. The term "instructional materials" does not include academic tests or assessments.
 
A Parent's Request for Reconsideration of Educational Materials may be submitted to the principal regarding the use of instructional materials. No action will be taken prior to receipt of a completed and signed Parent's Request for Reconsideration of Educational Materials. The principal will notify the superintendent and the Director of Media of the complaint and establish a committee to review the objection. While input from the community is appreciated, the Board of Education believes professional educators are in the best position to determine whether a particular instructional material is appropriate for the age and maturity of the students and correlates with the subject matter being taught.
 
FIRST LEVEL OF APPEAL - The school advisory committee will review the material and present a written report to the superintendent and Director of Media. The school advisory committee shall:
  • Review the challenged material.
  • Survey appraisals of the materials in professional reviewing sources.
  • Weigh merits against alleged faults to form opinions based on the material as a whole and not on passages isolated from context, based on stated selection criteria.
  • Meet to discuss the material and prepare a report within 30 days after receipt of the formal written complaint.
  • File a copy of the report with the principal, the superintendent, Director of Media, and the complainant within five school days after the meeting.
  • Retain or withdraw the challenged materials upon completion of the hearing process.
 
If the principal or the committee determines that any material violates constitutional or other legal rights of the parent or student, the principal or the committee will either remove the material from instructional use or accommodate the particular student or parent. Before any material is removed, the principal or the committee will ensure that the curriculum is still aligned with the state mandated curriculum and articulated from grade to grade. If an objection made by a parent or student is not based upon constitutional or legal rights, the principal or the committee may accommodate such objections after considering the effect on curriculum, any burden on the school, teacher or other students that the accommodation would create, and any other relevant factors.
The decision of the committee or principal may be appealed to the superintendent.
 
SECOND LEVEL OF APPEAL - The superintendent or the complainant may reject the report of the school advisory committee and move to the second level of appeal. In such case, the superintendent, with approval of the Board of Education, shall appoint a system-level review committee composed of professional educators in the school system within the subject or grade level challenged, a representative of the school advisory committee (where the complaint originated), a principal, a media specialist, and any others he/she deems fit. After appropriate review by the system-level committee, the superintendent shall report its findings to the complainant. The procedure shall be as follows:
 
  • If the complainant is not satisfied with the school advisory committee decision, he/she may file an appeal with the superintendent within 15 school days of the committee's decision.
  • The system-level committee will review and render a written decision within 30 days.
  • This committee may call any individuals they desire to testify including members of the original school advisory committee.
  • Challenged material(s) will be retained or withdrawn upon completion of this process.
 
The decision of the superintendent may be appealed to the Board of Education.
 
THIRD LEVEL OF APPEAL - The complainant has the right to appeal any decision to the Board of Education for final review. The procedure shall be as follows:
 
  • If the controversy is unsettled at the system review committee level, then the Board of Education will be the third and final level of appeal.
  • The complainant may file an appeal with the Board of Education within 15 school days of the system-level review committee's decision.
  • The appeal will be heard at the next regularly scheduled meeting of the Board of Education.
  • The Board of Education may make a decision at that time or schedule additional hearing dates as needed.
  • Challenged material(s) will be retained or withdrawn upon completion of this process.
  • Any action taken by the Board of Education will state how the decision rendered applies to other schools within the system.

Immediate Removal by Superintendent

The superintendent may remove any challenged material(s) that he/she determines to be inappropriate for the age and maturity of students and for which he/she determines immediate removal is necessary. Such action by the superintendent is subject to review by the Wilkes County Board of Education.

Legal References: U.S. Const. amend. I; 20 U.S.C.: § 1232h; N.C. Const. art. I,: § 14; Board of Educ. v. Pico, 457 U.S. 853 (1982); G.S. 115C-45, -47, -76.25(a)(5), -76.35(b), -76.40 -98, -101: G.S.115C art.8pt. 1

Cross References: Goals and Objectives of the Educational Program (policy 3000), Curriculum Development (policy 3100), Selection of Textbooks and Supplementary Materials (policy 3200) Parental Involvement (1310/4002)

Adopted: January 9, 2006

Revised: July 3, 2006, April 6, 2009, April 4, 2011, January 10, 2022, November 7, 2022, October 2, 2023