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Las Cruces Public Schools launched a formal hearing process, following a public request to review a book selection available at a district high school library. The process follows policy KEF, Concerns/Complaints about Curriculum/Library Material, Instructional Activities or Presentations.

The book in question is titled Jack of Hearts and Other Parts, by L.C. Rosen. The complaint was received via email on Aug. 10, 2023.

According to the policy, when there is an objection made to educational materials, including those available in the school library, the complainant may initiate a formal complaint. The process includes the formation of an advisory review committee, tasked with reviewing the complaint and the literature prior to a formal hearing. At the end of the hearing, a call for a recommendation from the committee shall be made using a vote of committee members by secret ballot. The superintendent will then make a decision.

A copy of the entire regulation KEF-R and process can be found here.

The timeline for the review is as follows:

DATE

ACTION

August 10

KEF complaint received via email

September 18

Pool of potential review committee members appointed separately by members of the Board of Education. Next, an email shall be sent to the teachers and parents in the pool notifying them that 7 names will be randomly drawn from the pool on September 21.

September 21

Review committee established after seven names randomly selected out of the pool by Associate Superintendent for Instruction or designee. None of the seven shall have any involvement in the issue at question. Per Regulation KEF-R, voting members of committee shall be:

·         3 Secondary Parents

·         4 Secondary Teachers

Also, per Regulation KEF-R, the committee shall be chaired by either the Director of Elementary Instruction or the Director of Secondary Instruction, who shall be a non-voting member of the committee.

September 22

The seven selected review committee members will be notified via email with next steps outlined.

September 28

Complainant notified of hearing 10 working days in advance of hearing.

October 4

Complaint, materials and names of persons allowed to speak at the hearing (persons listed on the complaint form or district representatives), will be delivered to the Associate Superintendent of Instruction no later than 5 working days prior to the scheduled date of hearing.

October 6

All complaint-related materials delivered to committee members by Associate Superintendent for Instruction or designee no later than 3 working days prior to hearing. Committee members shall review the complaint and any other literature distributed to them by the Associate Superintendent for Instruction prior to the scheduled hearing.

October 12

Hearing @ 5:00 p.m. LCPS Board Room

The hearing shall be transcribed by tape recording and/or video recording and shall be open to the public.

October 26

Associate Superintendent shall forward committee's recommendation to the Superintendent for his consideration within 10 working days of the date of the hearing.

By November 9

Superintendent will make a decision within 10 working days of the date of receiving the committee's recommendation, affirming, modifying or reversing the committee’s recommendation. Copy of committee recommendation and Superintendent decision shall be sent to complainant and provided to Associate Superintendent for Instruction.

TBD (depends on date complainant received certified letter)

Complainant may appeal the Superintendent’s decision to the Board of Education by submitting to the Associate Superintendent for Instruction a written letter within 10 working days of receipt of the Superintendent's decision. If no appeal is timely submitted, the Superintendent’s decision is final.

TBD

Hearing by the Board of Education held as soon as can practicably be set on the Board's agenda. A public announcement shall be made of the hearing and the complainant and Superintendent shall be notified of the hearing date in writing. A copy of the complaint and any written materials considered by the committee, as well as the transcript of the committee hearing, shall be provided to the School Board as soon as possible, but no later than 10 working days prior to the scheduled date of the appeal hearing.

A video link to the Oct. 12 hearing can be found here: