The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that it has dismissed 11 complaints related to so-called “book bans.” The complaints alleged that local school districts’ removal of age-inappropriate, sexually explicit, or obscene materials from their school libraries created a hostile environment for students – a meritless claim premised upon a dubious legal theory. Effective Jan. 24, 2025, OCR has rescinded all department guidance issued under the theory that a school district’s removal of age-inappropriate books from its libraries may violate civil rights laws. OCR is also dismissing six additional pending allegations of book banning and will no longer employ a “book ban coordinator” to investigate local school districts and parents working to protect students from obscene content.
“By dismissing these complaints and eliminating the position and authorities of a so-called ‘book ban coordinator,’ the department is beginning the process of restoring the fundamental rights of parents to direct their children’s education,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “The department adheres to the deeply rooted American principle that local control over public education best allows parents and teachers alike to assess the educational needs of their children and communities. Parents and school boards have broad discretion to fulfill that important responsibility. These decisions will no longer be second-guessed by the Office for Civil Rights at the U.S. Department of Education.”
On Jan. 20, 2025, incoming OCR leadership initiated a review of alleged “book banning” cases pending at the department. Attorneys quickly confirmed that books are not being “banned,” but that school districts, in consultation with parents and community stakeholders, have established commonsense processes by which to evaluate and remove age-inappropriate materials. Because this is a question of parental and community judgment, not civil rights, OCR has no role in these matters.
Background
In June 2023, then-President Biden announced that he would appoint a “book ban coordinator” within OCR. The coordinator’s responsibilities included developing guidance and training to deter schools from limiting student access to sexually graphic or racially divisive books by claiming that these efforts may contribute to a hostile environment that may violate students’ civil rights.
Because the prior Administration amplified this false narrative, OCR received 17 complaints alleging that school districts engaged in book banning.
Additionally, incoming Trump Administration OCR attorneys discovered that the first complaint to advance the book ban hoax was filed with OCR on Feb. 23, 2022, against Forsyth County School District in Georgia. The complainant alleged that the district violated Title IX and Title VI by removing eight books from the school library because they contained sexually explicit content. OCR’s regional Atlanta office sought to dismiss the complaint in full, concluding that the complainant’s allegations failed to state a violation of Title IX or Title VI.
Biden-Harris Administration-appointed OCR leadership in Washington, D.C., however, overruled the nonpartisan, career-employee determination that the complaint had no merit and extracted a resolution agreement from the district under threat of further federal intervention. This included requiring the district to post a statement in all of its middle and high schools that embraced Diversity, Equity, and Inclusion and encouraged students to make Title IX and Title VI complaints. The department will terminate the agreement and any obligations under it.