Review and Challenge of Instructional Materials by Parents/Legal Guardians and Adult Students 6-61.2

School Board of the City of Virginia Beach
Regulation 6-61.2

INSTRUCTION

Review and Challenge of Instructional Materials by Parents/Legal Guardians and Adult Students

Instructional materials, whether basal, supplemental, or library materials, may be challenged by a parent/legal guardian of a student or an adult student in VBCPS. Library materials, not prescribed as part of the approved curriculum, may also be challenged by parent, legal guardian or adult student.

Parents/legal guardians or adult students may review any instructional material used as part of the student’s educational curriculum in a course in which the student is currently enrolled. Upon a request by a parent/legal guardian or adult student to review such material, the principal or designee will make such material available within five (5) business days. If the instructional material is not provided within such time, the parent/legal guardian may appeal such denial to the School Board under Policy 5-6 and Regulation 5-6.2.

  1. School Level
    1. Upon the receipt of a complaint, the principal or designee will schedule a conference with the complainant and the staff using the material. All parties at this conference will be apprised in advance of the material being challenged and provided adequate time for review of materials.
    2. If the complainant requests the material be withdrawn from use with his or her child, the principal or designee may honor the request if he/she decides that the substitution of other instructional material is appropriate and shall notify the complainant in writing of his/her decision within 5 school days.
    3. Material may not be withdrawn from use with other students unless the decision is made to do so after following the process in this regulation.
    4. If the complainant desires further action, the principal or designee will provide the form "Request for Reconsideration of Instructional Materials" for the complainant to complete. The complainant must submit completed form to the principal or designee within three (3) school days.
    5. Upon receipt of the completed form, the principal will set up a committee to review the completed form, study the materials in question, determine if the material meets established School Division objectives, and respond in writing to the complainant with the committee's decision within thirty (30) school days.
    6. Should the complainant wish to appeal the decision, the complainant will provide a written appeal, stating the evidence and reasons for the appeal, to both the principal and Chief Academic Officer within three(3) school days.
    7. The principal will notify the complainant within five (5) school days of the decision.
    8. Appeals to the Division level will only be granted if the complainant can demonstrate the school acted with deliberate indifference in considering the complainant’s request. Appeals will not be granted based upon the complainant’s disagreement over the decision.
  2. Division Level
    1. Parent/legal guardians or adult students that wish to pursue a challenge to instructional materials at the division level must submit a Request for Reconsideration of Instructional Materials to the CAO. Note: instructional materials under review will remain in use until the challenge process is completed.
    2. The CAO or designee will review such a request to determine:
      1. a) whether to accept the request (note A8) or
      2. b) direct the complaint back to the school tofollow process outlined in section A.
    3. The CAO will establish elementary and secondary standing committees to review requests for reconsideration of instructional materials.
    4. The committee will assess the material and submit a written response to the CAO within thirty-five (35) business days.
    5. The CAO will review and inform the Division Superintendent of the committee's decision within five (5) school days of receipt of recommendation.
    6. The Division Superintendent will notify the CAO of his/her decision to accept or overrule the recommendation. The CAO will notify the complainant of the review committee's decision within five (5) school days of receiving the Division Superintendent’s decision.
    7. Appeals to the School Board level will only be granted if the complainant can demonstrate the CAO and Superintendent acted in an arbitrary or capricious manner or without basis in law in considering the complainant’s request. Appeals will not be granted based upon the complainant’s disagreement over the decision.
  3. School Board
    1. Should the challenge of instructional materials occur at the School Board level, the Chairman may respond as follows:

      "The Virginia Beach City School Board has developed a policy with accompanying regulations for reconsideration of instructional materials. In keeping with this policy, you are directed to follow the guidelines herein."

    2. If the complainant desires further action related to instructional materials only, the Chairman of the School Board will establish a review committee made up of (3) three board members to review the material and bring forward a recommendation to the Chair. The Chair will make a review of the committee’s findings and render a decision whether to accept or not accept the committee’s recommendation. The Chair will inform the full Board and administration of the decision so appropriate action can be taken.

School Board Policy 5-6
School Board Regulation 5-6.1

Approved by Superintendent: July 16, 1991
Revised by Superintendent: September 9, 2003
Revised by Superintendent: June 14, 2022
Revised by Superintendent: August 10, 2022