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The First Amendment to the U.S. Constitution states: “Congress shall make no law respecting … the right of people … to petition the government for redress of grievances.” Since public schools are part of the government, people have a right to petition schools when they have a grievance about curriculum. This right is exercised with consistency across the country. Once a person petitions a school or district, there is an expectation that challenges will be resolved in a way that is “just.” Americans' sense of fairness is founded on equality in the assignment of rights and duties. Thus, each person who challenges curriculum expects to be treated equally or fairly. The community, in turn, expects public school boards will provide equal treatment and consistency to protect citizens from unfair treatment. Social norms of fairness also prescribe just treatment. Communities look with disfavor on those in power, such as principals, if they deal unfairly with challengers.

The legal requirement for fair treatment by government agencies, including school districts, is expressed in the due process clause of the Fourteenth Amendment, which states: “… nor shall any state deprive any person of life, liberty, or property, without due process of law.” Legal scholars point out that due process requires that citizens have a right to air their views on matters that affect them. It also requires school districts to respond to challenges by following established procedures, applying the procedures in an even-handed way, and outlining the process by which challengers can appeal decisions.

Defining Curriculum Challenges

The American Library Association defines a challenge as an attempt to remove or restrict access to materials, based upon objections of a person or group. Thus, a challenge is not just an expression of opinion, but goes further. A successful challenge would restrict or remove material from access by others not participating in the challenge.

Some complaints about school programs may be related to the performance of a particular teacher who uses unapproved materials or covers material beyond the approved scope of a class or grade. These are not curriculum challenges and are usually addressed as personnel issues following procedures outlined in employee contracts and personnel laws.

Usually curriculum challenges relate to some form of printed material, curriculum guidelines or handbooks, media, or pedagogical practice which is part of the approved curriculum of the school or district. The complaint is usually lodged by a parent of a student, but some have been made by other members of the public and even district employees.

The range of items challenged is quite varied, from James and the Giant Peach to The Catcher in the Rye.

Even J. K. Rowling's Harry Potter novels have been on the list of challenged materials.

Research about Challenges

There was a series of studies conducted that focused on gathering data about types of challenges. Between 1956 and 1958, Marjorie Fiske did an interview study that included school libraries in twenty-six California communities. A major finding was that libraries react in a precautionary way in book selection when highly charged and widely reported community conflicts are caused by challenges to books. A more recent study by Dianne McAfee-Hopkins surveyed school library/media specialists in secondary public schools between 1987 and 1990. The primary reasons for the complaints reported in this study were: lack of family values, sexuality of the material, and morality concerns.

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