by Brandon Jarvis
The Joint Legislative and Audit Review Commission (JLARC) presented a report to members of the General Assembly on Monday about books that are being removed from school libraries across Virginia. The report found that school divisions have the authority to select and remove books from libraries, but some are misinterpreting a 2022 law to justify removing titles.
The state has no authority over which books school libraries carry, and current law offers no guidance to divisions on how to manage library collections, according to JLARC. The Board of Education requires each school to maintain a library with materials that support instruction, research, inquiry and general student interest.
The law — which some school districts cited in JLARC’s survey as justification for book removals — requires schools to notify parents if their children’s instructional materials include sexually explicit content.
It does not require districts to remove books when a parent withholds consent; instead, schools are expected to provide alternative, non-explicit materials for those students.
The law applies to library books only if they meet the Virginia Department of Education’s definition of instructional materials, such as those assigned in class. It does not call for the removal of any instructional or other library materials solely because they contain sexually explicit content.
“That 2022 law doesn’t necessarily prohibit sexually explicit content, and it certainly doesn’t require even contemplating removing a book from a school library if it does include sexually explicit content,” said JLARC Associate Director Justin Brown, who worked on this study. “It’s quite clear to us — the law requires parental notification when a library book or some other instructional material will be required, and then it gives parents the option to request alternative material for their individual child.”
Some lawmakers say that the misinterpretation was expected.
“I think there was a prediction by some of us made that this is exactly how it would be read,” said Del. Marcus Simon, D-Fairfax, during the JLARC presentation Monday. “Folks would say, ‘hey, look, I know it’s supposed to be about parents’ rights and this particular parent controlling what their particular kid gets to read’ — but isn’t there a danger that once a complaint is made, the path of least resistance for some of these school systems would be just instead of coming up with an alternative assignment for that kid, would be to remove the book and deprive all kids of the opportunity to read it.”
The law being referenced includes an enactment clause clarifying that the General Assembly did not intend for it to be used to remove books from school libraries. The clause states: “That the provisions of this act shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.”
The enactment clause is not included on the state website in the code’s language.
“It sounds like the enactment clause — somewhere in the Acts of Assembly it’s recorded, but generally when [used] as a tool school systems have to look at, it doesn’t appear,” Simon continued.
“That’s exactly correct,” Brown responded.
58 divisions responding to the survey reported they did not remove any books from school libraries between July 2020 and March 2025. 32 of the responding divisions reported removing at least one book.
75% of book removals were concentrated in five districts: Hanover, Rockingham, Goochland, Madison and Spotsylvania.
Hanover County accounted for 36% of books being removed from school libraries, the highest in the commonwealth.
The chair of the Hanover School Board told Virginia Scope in an email that they do not plan to revisit their policies on book removals, and cite a different state code defining sexually explicit content as their criteria in the review process.
“As is reflected in our adopted policy, the School Board believes in our libraries providing a wide range of age-appropriate materials,” said Chair Whitney Welsh. “The deselection of these books fulfills the will of the School Board, our approved policy, and the accompanying regulation.”
Senate Minority Leader Ryan McDougle, R-Hanover, declined to comment.
Seven school districts that responded to JLARC for the report removed Gender Queer: A Memoir, making it the most removed title. The book is an illustrated coming-of-age graphic memoir that follows the author’s journey from childhood to adulthood as they discover and embrace a nonbinary and asexual identity.
This book holds the Guinness World Record for “Most banned book of the year.”
Five school districts removed The Perks of Being a Wallflower, a book about a kid’s experience as a freshman in high school. The story explores themes of friendship, mental health, trauma, sexuality and identity.
The findings are based on a survey of school districts that the General Assembly directed JLARC to conduct. JLARC partnered with Virginia Commonwealth University’s Survey and Evaluation Research Laboratory to carry it out. The commission also interviewed representatives from the Virginia Association of School Librarians, the Virginia PTA, the Virginia Association of School Superintendents, the Virginia School Boards Association, the Virginia Association of Elementary School Principals and the Virginia Department of Education.