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JLARC survey finds 223 unique school-library titles removed; staff says 2022 parental-notification law often misapplied

Joint Legislative Audit & Review Commission · July 14, 2025
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Summary

A JLARC survey of Virginia school divisions found 223 unique book titles removed between July 2020 and March 2025 and that removal activity is concentrated in a handful of divisions; JLARC staff told commissioners many divisions cited a 2022 parental-notification law even though the law requires notification and alternatives rather than library removal.

Justin Brown, a JLARC staff analyst, told the Joint Legislative Audit & Review Commission that about two-thirds of Virginia school divisions reported removing no library books between July 2020 and March 2025, while roughly one-third reported at least one removal. After removing duplicate listings across divisions, JLARC staff identified 223 unique titles that had been removed during that period.

Brown said the removals are concentrated: "The top five divisions accounted for 75% of all book removal activities," and he named Hanover and Rockingham among the highest-volume districts. He also listed commonly removed titles, including "Gender Queer," "Tilt," "Identical," and "Perks of Being a Wallflower."

The review followed a 2025 joint resolution directing JLARC to survey divisions and evaluate their policies. Brown described the study methods: staff and consultants reviewed state law, examined division policies, solicited input from stakeholder groups including the Virginia Association of School Superintendents and the Virginia Association of School Librarians, and administered a division-level survey with VCU.

On reasons for removal, Brown said divisions most often cited "explicit content" or that a book "didn't meet local standards or local policies." He added a separate pattern: "Quite a few divisions reported that that 2022 law was the basis for their removal decision," but the staff view was that the 2022 statute requires parental notification when materials will be required for a child and provides parents the option to request an alternative for their child, not a mandate to remove books from libraries.

"When you read that law, it's quite clear that that really isn't what's supposed to apply," Brown said, noting legislative history and an enactment clause that, in staff's reading, did not intend to authorize wholesale removal of library materials.

Commission members pressed staff on scope and transparency. Delegate Douglas Simon, a sponsor of the review resolution, asked whether legislative language had clearly signaled the law's intent; Brown said the enactment clause and legislative history support the commission's interpretation but that guidance from the Department of Education has not consistently emphasized that point. Brown also said JLARC's response rate was below ideal (about 72%), so the reported numbers likely represent a conservative floor of actual removal activity.

JLARC did not recommend formal action in the meeting but suggested that some divisions could benefit if the Department of Education clarified prior memos or issued additional guidance about how the parental-notification law applies to library materials. The written JLARC report includes a list of each responding division and whether it reported removals, allowing local constituents and policymakers to see where removals were reported.

The commission's written packet and JLARC's final report provide more detail on the policies divisions reported and list all 223 removed titles and the number of divisions that removed each book. JLARC staff said they would be available for follow-up questions from commissioners and noted the study was complete; the appendix also identifies which divisions did not respond to the survey.