WESTOVER, Md. - A proposed overhaul of Somerset County Public Schools' policy governing books and other materials in school libraries is drawing opposition from the Maryland State Education Association, which is threatening legal action if the policy is adopted.
The dispute stems from proposed changes to Policy 500-19, which governs the selection and removal of textbooks and media center materials in Somerset County schools.
Under the proposal, library materials would be divided in part based on whether they are considered appropriate for children, young adults, or adults. The policy defines "adult material" as including adult themes such as sexuality, sexual content or nudity, pervasive profanity, and sexually-oriented nudity without educational value.
The proposal says minors would not be allowed access to materials classified as adult material, while books deemed suitable for young adults would be placed in a separate young-adult section.
It would also give the Somerset County Board of Education a direct role in what books enter and leave school libraries. The proposal states that no book could be purchased or brought into a school library without a majority vote of the Board.
MSEA threatens legal challenge
In an August 6 letter to the Board, the Maryland State Education Association, writing on behalf of the Somerset Education Association, called on board members to withdraw the proposal.
MSEA said it intends to challenge the policy through "every available administrative and judicial avenue" if the Board adopts or attempts to implement it in its current form.
MSEA bases much of their argument on Maryland's Freedom to Read Act, enacted in 2024. The union argues the proposed policy violates provisions prohibiting school library materials from being excluded or removed because of partisan, ideological, or religious disapproval.
One section of the proposed Somerset policy says the Board favors materials that are "free of bias" and that "enlighten, inspire, encourage, motivate, instill hope and foster good decision-making." It contrasts those with materials that "affirm or promote" what the proposal calls negative or destructive character traits, listing "victimhood," "rebellion," "lawlessness," "anarchy," profanity, violence, drugs, alcohol, "sexuality," "anti-religion," theft, lying and other subjects.
The proposal also says materials should support the "mission, vision, educational philosophy, beliefs and values" endorsed by the Board and says classical literature by well-known authors should be prioritized when selecting books and media materials.
MSEA argues those provisions amount to viewpoint-based standards.
"The Freedom to Read Act does not permit the Board to elevate works reflecting officially approved 'universal values' while excluding contemporary works, unfamiliar authors, or books presenting viewpoints the Board regards as negative, rebellious, irreligious, or otherwise objectionable," the organization wrote.
Board counsel pushes back
Somerset County Public Schools' attorney Marc Schifanelli rejected MSEA's legal arguments in an August 11 response.
Schifanelli accused the organization of threatening to force the school system to spend taxpayer money on litigation if the Board does not vote in accordance with MSEA's position. He also disputed claims circulating about the proposal's potential effect on books currently in Somerset County schools.
According to Schifanelli, the proposed policy does not call for books to be removed because of an author's background or views or for partisan, ideological, or religious reasons.
He argues the policy instead seeks to promote materials that support students' interests and instruction while allowing the Board to consider whether material is educationally appropriate. Schifanelli specifically rejected MSEA's argument that prioritizing classical literature is unlawful, saying the proposal does not require modern literature or lesser-known works to be excluded or removed.
The attorney also addressed social media claims reportedly from the Somerset Education Association that books including Harry Potter, works about Anne Frank, and books by Harper Lee could be banned. Schifanelli said the Board recently approved a recommendation from Somerset County media specialists to purchase approximately 500 books and approved every title, including those works.
Concerns over employee discipline
Another major point of contention is a provision dealing with school employees.
The proposed policy says that if adult content deemed unsuitable for minors remains accessible in a section for minors after library materials have been vetted and catalogued, the superintendent "shall immediately implement disciplinary procedures for insubordination" against adults responsible for ensuring appropriate materials are accessible to students.
MSEA argues that provision conflicts with protections for library employees under Maryland law and could pressure media specialists to remove potentially controversial books even when doing so could violate state standards.
Schifanelli disputes that interpretation.
In his response, he argues state law protects library employees when they perform their duties consistently with Maryland's school-library standards, but does not prevent discipline if an employee refuses to follow a lawful Board decision concerning material that is sexually explicit, lacks educational value, and is not being restricted for a protected partisan, religious, or ideological reason.
The question of young-adult books
The two sides further disagree over how the policy could affect books currently available to students.
MSEA argues Somerset County cannot categorically move young-adult books out of collections accessible to minors. The organization says Maryland law requires challenged titles to undergo an individual reconsideration process and remain available while that review is underway.
The organization argues that transferring a book to a section inaccessible to minors would effectively remove that book for those students and therefore require an individualized review.
Schifanelli, however, says the proposal would not result in the mass removal of young-adult books.
He wrote that sexually explicit material not removed through applicable review procedures could instead be separated from the main collection and clearly identified as adult or sexually explicit material. According to his interpretation of the proposal, young adults ages 18 to 21 and adult school employees would still be able to access those materials.
MSEA is asking the Board to withdraw the proposed revisions, rescind the current version of Policy 500-19, and develop a replacement with input from library media specialists, educators, students, parents, the Somerset Education Association.
The Board's counsel maintains that local boards of education have authority over curriculum and learning materials and says the proposed policy would operate within state and federal law.
Proposed Policy 500-19 is slated to be discussed at a Somerset County Board of Education meeting on Tuesday, Aug. 18. That meeting is currently scheduled to begin at 6 p.m. The Board of Education is also currently accepting community input on the proposed policy here.
This article will be updated.
