INDIANA — It’s not all that common in Indiana for school districts to ban books from their libraries and classrooms. An investigation done by the Arnolt Center for Investigative Journalism and the Indiana Capital Chronicle found that 17 districts have received complaints, two have moved books to different libraries, and at least six have banned books since 2020.

However, in light of new law House Enrolled Act 1447, school districts are expecting more challenges of what students are allowed to read.

Much of the backlash against certain books comes from conservative groups, such as Moms for Liberty and the Indiana Chapter of Purple for Parents.

HEA 1447 became effective Jan. 1, 2024. It requires Indiana school districts to create procedure for responding to complaints about library materials which are allegedly “obscene” or “harmful to minors.” Requests must be reviewed at public meetings and appeals heard if necessary. Schools are also required to maintain a public catalog of their libraries’ contents.

Obscene material is already illegal under both Indiana code and federal law. Material harmful to minors is illegal to access for anyone under 18.

For material to be outlawed, it must, as whole:

• Describe or represent, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse.

• Appeal to the prurient interest in sex of minors.

• Be patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors.

• Lack serious literary, artistic, political, or scientific value for minors.

Those who oppose the new law, such as librarians, hold the position that materials of this kind are not now and have not been present in school libraries, as librarians are already supposed to vet out inappropriate materials.

Diane Rogers, librarian at Ben Davis Ninth Grade Center in Indianapolis and Indiana Library Federation president, noted that this new law has not actually changed much for school libraries, many of which do have public catalogs and processes for parents to request a review of books or other educational materials.

Rogers pointed out that a 1982 U.S. Supreme Court ruling states that while school personnel can decided what go into their libraries, they are not permitted to remove books because they dislike ideas within said books. Rogers is, however, worried about HEA 1447 putting fear into people, as school librarians who are found in violation could be charged with a felony.

In many cases, a school will hold onto a title after it’s been challenged, finding literary merit that keeps it in place. For example, a retired teacher challenged Courtney Summers’ “All The Rage” with the Evansville Vanderburgh School Corporation in March 2021, saying the book was inapporpraite. The district did not ban the book, citing multiple awards and honors it received, including American Library Assocation Young Adult Award. However, they did limit access to the title, as its labeled age appropriateness is grades 10 through 12.

According to the Arnolt Center’s research, policies on book reviews vary. Not all school districts explicitly require that review committee members read a challenged work all the way through.

The review and appeal process varies in timeline, as well. Dekalb County’s Garrett-Keyser-Butler requires that committees submit their reports to superintendents in five business days. Washington Schools in southwester Indiana gives up to 120 business days.

The ALA recommends that challenged materials stay available to students during the review process, but whether or not they are is variable. In districts with longer review periods, books could be unavailable for months at a time.

Concerns have been raised that the new legislation will open school districts up to more complaints, from a wider range of people. Paoli Community School District superintendent Greg Walker fears those who don’t have children in the district, or even out-of-state groups could comb through the public catalogs looking for books to challenge.

While changes could be made in the future, no bills on the topic are pending in the current legislative session.