In a 6-1 vote Tuesday night, the Denton ISD School Board voted to leave two contested books — each of them about the same boy exploring his gender expression — on the shelves at Newton Rayzor Elementary School.
The hearing reflected the ongoing national debate about what books are suitable to be in classrooms and campus libraries and political anxieties over transgender children and gender-affirming policies.
The boardroom was standing-room only, and speakers shared their support and their criticism for the district's policies during the second open forum. At least one speaker compared books about LGBTQ+ characters to having how-to manuals on building bombs on library shelves.
The vote concluded a Level III grievance about the books Jacob's New Dress and Jacob's Room to Choose by Sarah and Ian Hoffman. The books are among the most-banned and challenged books in the country. Denton resident Debi Scaggs, who has been a prominent critic of the school district's book policies for the last two years and has submitted scores of book challenges to the district, filed a Level II grievance about the titles last year. A Level III grievance is the final stage in the process developed by the Texas Association of School Boards.
Scaggs is now running for Place 1 on the Denton school board. She opposes incumbent Barbara Burns, who joined most of her peers on the school board on Tuesday night to keep the titles on the campus library shelves.
Place 3 Trustee Amy Bundgus cast the sole vote against affirming the administration's decision to allow the books to remain in the school library.
On Tuesday, Denton County Attorney Mitch Little represented Scaggs and Denton County Citizens Defending Freedom with a 15-minute presentation urging the board to remove the books.
Lisa Thibodeaux, the Denton ISD executive director of secondary curriculum, instruction and staff development, represented the school district with a 15-minute presentation on the newly-passed House Bill 900 and its instruction to avoid removing materials because of the ideas expressed in them.
Little, who is also running as a Republican in the race for Texas House District 65 against Kronda Thimesch in Denton County, said Scaggs and Citizens Defending Freedom sought to remove the two books from the district on the basis of a lack of educational suitability. Little, who was part of the legal team that defended Texas Attorney General Ken Paxton from impeachment last year, put two questions to the board: Are these books suitable to the range of students for whom they are available?
"These books are actually designated for kindergarten through third grade," Little said. "The second question is, do these books foster growth and societal standards? That's a big question."
Little used district rules about conduct as an example, pointing to the dress code and rules about campus restrooms. If the district allows neither cross-dressing for boys nor open access to bathrooms.
Little took issue with the district's review process.
"Not one reviewer — I want you to let this sink in — not one reviewer had a different opinion concerning whether these two books were suitable for elementary students," Little said. "We have a lot more people here tonight who have different views about it.
"But I want to submit to you that maybe your review process is broken if we cannot find five people to disagree concerning the suitability of these two books."
Little pointed to the Hoffmans' authorial intent, which the co-writers have stated publicly. The Jacob picture books are meant "to amplify LGBTQIA experiences" for young readers, he said.
"I live in Denton County, and I can't speak on behalf of everyone," Little said. "But the ones that I know don't send their children to school to have LGBTQIA-plus experiences amplified. We send them to learn."
Little echoed some of those who spoke in favor of tighter book policies -- specifically removing books with LGBTQ+ characters and ideas from elementary schools altogether — in an appeal for the district to be more respectful of moral and religious concerns of district families.
"Where are the fathers of this county?" Little asked. "Where are the men of this county to be able to look at this and say, 'You know what? This is probably not appropriate for children, and I think someone has to stand and draw a line and figure out what is educationally suitable?'"
Thibodeaux, told the board that removing the two books would violate key parts of the newly-passed HB 900, which was introduced by state Rep. Jared Patterson, R-Frisco.
"I think you're being asked to act in opposition in House Bill 900," Thibodeaux said. "I think you're being asked to, regardless of the views of anyone here. Regardless of my views, [Denton ISD Superintendent] Dr. Wilson's views, the views of the audience.
"It would be a violation of Texas law for you to remove a book because you don't agree with the ideas in that book."
Thibodeaux said the books in question don't meet the state's penal code regarding obscenity. The Jacob books don't use vulgar or obscene language and aren't sexually explicit.
"You are being asked to remove these books because of the ideas contained in them, which is now against the law," she said. "If you're going to not adhere to the part of House Bill 900 that says you can't remove a book because you don't like the ideas, then are we inviting the public then to come forward and say, 'Well, since you don't adhere to that part, let's not adhere to this part either.'"
Thibodeaux said Denton ISD agrees with House Bill 900 to the extent that the district had already enshrined parts of the new law in district policy before the law was introduced. The key district policy that preceded HB 900 was parental rights.
Bundgus and Place 6 Trustee Lori Tays were the only trustees to voice questions or concerns. Bundgus questioned Thibodeaux about the gaps in protecting young readers from materials that could contradict or violate their parents' religious or moral values.
Bundgus, who discussed the foundational U.S. Supreme Court case, commonly called the Pico case, said she came away from her research confident that the district wouldn't be breaking the law by removing the books. She also voiced concerns that parents are expected to be able to object to materials they don't know are in the library. Thibodeaux said parents have access to all the titles available at all campus libraries.
Bundgus pointed out that, while parents can request materials be withheld from their children, there are still opportunities for them to get them.
"We have over 33,000 students in this district," Bundgus said. "There is no way that these hardworking parents who are out there working at Kroger, working at Tires Plus are going to be able to have time to come down and say 'please show me what books you have.' There is no way that their kindergartner isn't going to sit next to their friend at lunch and that little friend will say, 'This is so cool. Let's read it together.' And I 100% respect every family in this district who wants to share these subjects with their families and their children. But this parent right thing has two sides to the point."
Tays pressed to clarify that in Jacob's Room to Choose, the main character ended up using the bathroom that aligned with his biological sex. Tays worried that some comments might have made attendees think the books explicitly promoted open-access bathrooms. Tays was the trustee to move for the board to affirm the administration's decision to leave the books in the library.