Banned books are the ones that are being removed from libraries.
Challenged books are those books that are being requested to be removed and banned.
Every library, school, public or academic should have appropriate policies and regulations that guide librarians, board members/trustees and the public how the challenges should be handled.
During their undergraduate and graduate programs librarians receive training that specifically address collection development; librarians are trained how to evaluate the resources that are appropriate for their collections and their library patrons. Based on several criteria (format, price, subject, audience, in case of school libraries - alignment with New Jersey Student Learning Standards) librarians and library workers decide what should be part of their collection, where it should be placed and who should have access to those materials.
First Amendment: 1982 Supreme Court case (Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico) states that “Although school boards have a vested interest in promoting respect for social, moral, and political community values, their discretionary power is secondary to the transcendent imperatives of the First Amendment,” and that “as centers for voluntary inquiry and the dissemination of information and ideas, school libraries enjoy a special affinity with the rights of free speech and press. Therefore, the Board could not restrict the availability of books in its libraries simply because its members disagreed with their idea content.”
Counts v Cedarville, in the U.S. District Court for the Western District of Arkansas ruled in 2003 that it is unconstitutional for the school district to require children to receive parental permission when checking out Harry Potter books from the school library
New Jersey Student Learning Standards and other mandates:
Holocaust/genocide Bill (1994; revised 2018): NJSA 18A:35-28 PL 1994, c.13, s.1, s.2
QSAC: All schools in NJ are required to be QSAC compliant; compliance specifically requires inclusion of Holocaust (p 23),
Holocaust Commission mandates* that curricula in kindergarten through grade 12 address issues of bias, prejudice, and bigotry, including bullying, through the teaching of the Holocaust and genocide QSAC Manual - see page 27, PL 1994, c.13, s.1, s.
Amistad Commission Bill (2002, 2019, 2020) P.L.2002, c.75 (A1301 1R), Revised 2020, P.L.2020,c.153 LGBTQ Bill (2019): P.L. 2019, c.006 (S1569); Amistad Commission
QSAC - for example - the Amistad Commission and Holocaust Commission is now specifically listed in QSAC: (p 23).
New Jersey Quality Single Accountability Continuum (NJQSAC): All schools in NJ are required to be compliant with NJ Statutues and Administrative Code; compliance specifically requires the inclusion of Holocaust (p23), Amistad (p 23), LGBTQ (p 62);
LGBTQ Law: P.L. 2019, c.006 (S1569)
NJEA Review May 2022 Article on NJ’s LGBT Inclusion Mandate
Diversity and Inclusion in Curriculum (2021): P.L. 2021.032 (A4454);
QSAC: All schools in NJ are required to be QSAC compliant; compliance specifically LGBTQ (p 62).
Asian American History Bill (2021) P.L.2021, c.416 (S4021), Commission P.L.2021, c.410
Social and Emotional Learning Competencies approved by NJ State Board of Education (SEL Competencies), August 2017
Managing for Equality and Equity in Education, N.J.A.C. 6A:7 (Re-adopted in 2017)
Purpose of this chapter is to ensure all students, regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, gender identity or expression, religion, disability, or socioeconomic status, are provided equal access to educational programs and services by district boards of education.
School-Based Anti-Bias Initiatives and the Law Against Discrimination: Joint Statement from Division on Civil Rights and Department of Education on July 2023.