This is the conclusion from the chapter "Sex and School Library" from
the book _Sex, Schools, and the Law_, by Fernand N. Dutile, 1986.

It refers to grade and high schools.

============================

Because the _Island Trees_ litigation ended so inconclusively, it is
not yet clear what fundamental constitutional principle with regard to
library book selection and removal on the basis of sexual content will
ultimately prevail. [...]  Whatever the outcome, at least tentative
conclusions with regard to such selection or removal are possible
even now.

First, student minds must be challenged and exercised, and this is
best done through exposure to diverse and sometimes controversial
materials, including sexually-oriented ones. Sex is an obviously
fundamental aspect of human life and cannot be ignored in any
appropriate education.

Second, the constitutional issue deals only with what a school board
has the power to do, not with what the wisest course might be. The
path of wisdom will often lead away from censorship of a particular
book even if the ultimately prevailing constitutional principle might
support the board's power to censor.

Third, to the extent school boards seek to control sexual content in
the school library, arbitrariness, narrowmindedness, community
controversy and litigation {197} are best avoided through the
establishment of, and adherence to, written, neutral and narrowly-draw
policies governing book selection,{198} book removal and the
resolution of grievances with regard to book content.{199}. The
policies should provide for a balanced presentation of ideas, a record
of proceedings for possible court review, and deference to the views
of education experts.{200} Parent and students should have some input
into selecting material for school libraries, possibly through service
on library selection committees.{201} Perhaps school boards should be
required to provide written reasons for book selection and removal
decisions.{202}


Constitutionally valid procedures and adherence to them help school
libraries to provide students and exciting and diverse educational
experience without the necessity for distracting and expensive
controversy or litigation.

NOTES

1. Except as otherwise indicated, these and subsequent facts in the
case are taken from Board of Education, Island Trees Union Free School
District No. 26 v. Pico, 457 U.S.853, 854-861 (1982) (hereafter
_Island Trees_).

[...]

197. See [Niccolai, _The Right to Read and School Library Censorship_,
10 J. LAW & EDUCATION 23, 32 (1981)] at 32.

198. State statutes provide guidelines of varying levels of usefulness
with regard to substantive criteria for book selection. [...]

199. See N.Y. EDUC. LAW [section]310(5)-(6) [...]

200. Niccolai, _supra note 25, at 31.  201. _Id._ at 31-32.  202. See
Comment, _supra note 110, at 665