Wednesday, January 28, 2026

Freedom to Read Act Incorporation Into School Policy Eliminates Local Control

Dear North Hunterdon-Voorhees School Board Members,


For weather-related reasons, I will not attend the Board of Education meeting Tuesday, January 27, 2026.  But I hereby submit comments nonetheless for your consideration.  I see you are having a "first reading."  So I suppose my comments would apply to that or to a possible "second reading."


[Read the 11pp proposed policy 6163.1 here.]

[Watch NHV BOE discuss the policy here.]


Easy suggestion first.  I'd like to tell you my experience obtaining the policy on the agenda so you can know how some might view it, or actually not view it, which is the problem I'll be addressing.


It did indeed take a bit of rooting around to finally find the page having the agenda.  Then the agenda says, "First Reading of Policy."  It's too general.  What policy?  It's under "Policy and School Security," so that tells me almost nothing.  I took a gamble and clicked on the link.  No real notice went to the public other than "first reading of policy."  It's almost like it's sneaking in or perhaps being hidden from people like me.  Only then did I finally see "Policy 6163.1 – Media Center/Library" and the changes to be made, then only if I scrolled down to the next page.  You really have to dig and maneuver to get to the point where you finally get the notice you should already have had from the agenda but it's not there.  The problem with this is, besides not providing notice in an understandable form, people who are casually involved in school workings may not ever get to the point of being properly noticed, while the regulars who already know one has to root around are at a significant advantage over casual viewers.  You could be discouraging casual viewers, let alone not providing adequate notice.  So that's just a suggestion for you to consider.


Another easy suggestion.  Existing policy requires people to state their name and address and affiliation, if any, before speaking.  At least in other states, that's a violation of state and federal constitutional rights to seek redress of the government and attorneys general have forced public bodies to drop such requirements.  Further, in modern times, that exposes people to potential harassment, and it gets recorded on video, so the exposure is perpetual.  American Library Association members, for example, file OPRA/FOIA requests for such information, then it is used in lawsuits, movies, whatever.  Such information should be clear that it is optional, not required.  Who knows, it might even cut back on the need to respond to OPRA requests if the information is simply not collected in the first place, thereby reducing any costs in researching and replying to such requests.


Now regarding the 6163.1 proposed media center, library policy:


1) The policy allows for electronic databases to be used, and they should.  However, some of these databases expose children to inappropriate material not allowed if such material were purchased in print for the school library.  The proposed policy does not account for that and it should.


2) The policy states, "Every student shall have access to a media collection containing materials appropriate to age level...."  Gender Queer is "age appropriate" but it otherwise is what Pico calls "pervasively vulgar or otherwise educationally unsuitable" so it may be removed from the library.  Playboy would be age appropriate, for example.  That is a weakness in the policy.  The policy would allow Gender Queer while Board of Education v. Pico, U.S. Supreme Court 1982 holds the exact opposite result and the book would be removed.


3) The former version of the policy said, "The superintendent has final responsibility for the selection of media center materials by professionally trained personnel including media specialists, teachers, principals and supervisors."  That's being removed.  The new policy eliminates the Superintendent and substitutes therefor the school librarian.  Under Pico, the Superintendent has the authority to immediately remove material that is pervasively vulgar or educationally unsuitable.  No review committee would be needed, saving everyone a ton of time and money.  Under the new policy, the school librarian now makes the decisions, not the Superintendent.  That eliminates the protections of Pico.  Further, nothing at all will ever be deemed as inappropriate by school librarians, other than works by conservatives or dead white males, a term I get from American Library Association directives.  The former school librarian for example, Martha Hickson, testified in Trenton, as shown in the new American Library Association film called "The Librarians," that, "in my professional role, there is no p*rn*graphy for minors in, uh, school libraries so there is no need to restrict it.  Book restrictions are, however, a form of censorship.  Your personal opinion about obscenity does not make it so."  Martha Hickson goes on to say, in response to what a legislator said, "fifth graders *have* p*nises."  So the change in the policy to eliminate the Superintendent and substitute in the school librarian will ensure that nothing ever gets removed.  Voting for this policy change is like voting for anything goes in the school library.  Librarians are trained by American Library Association that nothing is ever p*rn*graphy because only a lawyer or a judge can make that decision, and, as Martha Hickson testified, it will be claimed it's censorship to remove such material.


4) The policy does not disclose that Pico applies and California v. Miller, U.S. Supreme Court 1973, does not apply to school books.  The "as a whole" standard comes from the Miller case.  Miller does not apply in schools.  Pico does.  So, for example, a school may remove Gender Queer from a school library for being pervasively vulgar and/or educationally unsuitable.  Indeed Pico has been used repeatedly to remove that very book successfully.  Miller, on the other hand, would require Gender Queer to stay in the library, since "as a whole" it is not obscene, and only a judge can rule it as such anyway.  So under Pico, a Superintendent may remove Gender Queer immediately, and under Miller, Gender Queer will never be removed.  No book ever will be removed under Miller since Miller is almost never used to determine works to be obscene.  It would be a ridiculous endeavor since a case by case basis would be needed, precisely the reason why American Library Association holds it out as the gold standard when in reality it does not apply.


5) The policy is essentially a restatement of the NJ Freedom to Read Act, a law that will eventually be challenged and fail since it overrides Pico and N.J.S. 2C:34-3 Obscenity for Persons Under 18, at a minimum.  So I'll save the time of laying it out instance by instance but the comparison with FTRA shows it is essentially a copy, and FTRA was written by American Library Association in Chicago, IL.  Board members have an ethical duty to apply local law, not material written by outside special interests groups like American Library Association.  For example, the diversity and inclusion language as defined by American Library Association and included in the proposed policy and FTRA would make it so Gender Queer may not be removed, despite Pico, despite 2C:34-3.  So yet again, the policy ensures children will, by policy, be exposed to material that could otherwise be removed or not purchased, but for the policy.  As if the policy overrides New Jersey law and the U.S. Supreme Court.


6) The policy's removal request procedure is one recommended by American Library Association to intentionally a) drag out the process, b) cost money, c) provide the excuse that book reconsiderations waste money, d) asks leading questions of requesters to get them to say things not relevant to the review but that can be used to sink their request, e) unnecessarily narrows the pool of potential complainants.  I'm surprised it didn't put a multi-year limit on again requesting a review since Martha Hickson said it should be five years precisely to eliminate the constitutional rights to seek redress of the government for four years.


7) The inclusion of the parent in the review committee is an American Library Association ruse.  It's to make parents think their input is included.  In reality, however a parent votes, it is always overridden by the rest of the committee.  It's a ruse.  In a Florida case, three parents did a comprehensive review of three books and decided two stay but one goes.  They wrote a full report.  The committee ruled to keep all books without even considering the parents' input for which they worked so hard as part of the committee.  When the parents asked why their hard work was not even considered, the librarian on the committee said it wouldn't have mattered since the rest of the committee voted to retain all three books.  This is the very ruse that this new policy embeds.  I guarantee you all parental input on the committee will be ignored.  This will be at least the third way that absolutely nothing will ever be removed from the school library.  And it is all because Chicago's ALA has been working towards this goal for over 60 years.  If you vote for this policy, you vote for Chicago ALA policy and your kids will be harmed.  ALA is getting the school to play all these games at whatever time and expense just to cover up that nothing will ever be removed from the library.  Just skip over the charade and make the policy say nothing will ever be removed from the library, so don't ask, and don't complain, and that's it.  Done.


8) The policy says challenged material stays on the shelves until the challenge is finalized.  That language comes directly from American Library Association.  This is now a fourth way the children will remain exposed to inappropriate material despite Pico, 2C:34-3, and the Superintendent's previous ability to immediately remove materials under Pico.


9) The policy exempts from criminal and civil liability school librarians who violate 2C:34-3. By policy, poof, 2C:34-3 disappears.  Pico disappears.  Superintendents making appropriate decisions under Pico, poof, gone.  All by the proposed policy.


10) The policy does not cover the communications of the school librarian.  Former school librarian Martha Hickson used her personal Twitter account to conduct school business.  She even provided training to librarians nationwide while recording on school grounds presumably during school time specifically telling them to direct message her on her personal Twitter account.  Multiple OPRA requests for her communications were easily defeated by claiming there's no control over her personal accounts and she otherwise has no emails to disclose--because she did everything on her personal account.  That cannot be allowed to happen again.  Require that school business is conducted on school-supplied resources for the board's own good and for proper compliance with open government and records retention laws.  Consider making persistently conducting school business on personal accounts a terminable offense.  Librarians are trained to use Slack and Signal to circumvent parents, legislators, and the courts.  That must not be allowed and can be precluded by policy.  It should be added to the proposed policy, although it suffers from so much that it should be defeated.  Sure, let them use personal accounts for personal goals and friendships and general librarianship growth, but for school-related communications, that should be precluded.  Martha Hickson, for example, regularly communicated school business via her personal accounts with American Library Association.  That is precisely why 400 people came to school board meetings and overwhelmed the four locals, two of which now appear derisively in "The Librarians" by American Library Association.  The ALA president even gave a speech to all ALA membership that Martha Hickson was super important in ALA's imposing its way in North Hunterdon-Voorhees High School.  All done without any records exposed to open government laws or retained under government retention laws.  That has to be stopped.  If anyone wishes to engage American Library Association about school business, it must be via use of school communications means subject to New Jersey laws and board policy.


11) The policy doesn't even address the Mahmoud v. Taylor case, a significant U.S. Supreme Court decision from June 27, 2025, addressing parental rights, religious freedom, and the use of certain books in public elementary schools. Public schools cannot compel young children to participate in instruction or exposure to materials that interfere with religious upbringing in a significant way. The Court emphasized parental rights in directing the religious and moral development of their children.  American Library Association hates that case.  That's why it's not in the proposed policy.  The only parental rights present are a ruse, as previously stated.


12) "In selecting materials to recommend for purchase, the media specialist shall evaluate the existing collection and consult reputable, unbiased, professionally prepared selection aids, and specialists from all departments and/or all grade levels." This is specifically designed to use only reviews from ALA-approved sources including ALA's own Booklist.  It is specifically designed to disallow consideration of reviews from parental groups like RatedBooks dot org.  It embeds into the policy an anti parent policy. Did you know that ALA hated BookLooks dot org so much (a parental review site that no longer exists) that it created its own Book Résumés that's just like BookLooks only without the excerpts and graphics but with all the glowing reviews from the approved book review sites?  Did you know it was Martha Hickson who initially used NHV time, money, and servers to build what eventually got adopted by ALA as the new Book Résumés site?  So the proposed policy includes yet again another subtle but present anti parent policy.


13) Limiting access to children to developmentally appropriate material is not censorship.  


14) Books may have s*xualized content but it's not noted in Scholastic reviews and the like.  The policy does not address that.  


15) Nor does the policy address librarians making available websites that provide access to the very material school policy otherwise precludes.


So what we have in the new policy is the wording from the Freedom to Read Act from Chicago's American Library Association that has been working for 60-plus years to eliminate parental rights and indoctrinate children, crystallized into a policy that was essentially hidden on the agenda page, all to ensure children by policy get indoctrinated and s*xua*lized per ALA diktat.  And the policy lacks significant protections and allowances for parental rights.


I have no clue who came up with the wording for the proposed changes, but that person or those persons did what's best for American Library Association, and the school children be damned.


Don't be angry with the way I worded things or what other board members may say about me.  Set that aside.  For the children, consider what I have said and consider if you really truly want this proposed policy 6163.1 to be applied to your school and your school children and your school parents.  


Your policy should allow your Superintendent to remove books like Gender Queer and if it doesn't, something's off.  Recall the whole multi-year battle over the books started when the Superintendent told Martha Hickson to remove a certain book, and Martha Hickson went immediately to American Library Association, got them instantly engaged, then intimidated the Superintendent into backing down from his request.  The ALA bullying was nonstop after that.  And it continues to this day with the proposed wording of policy 6163.1.


Thank you for your anticipated consideration of these matters.


Dan Kleinman



Dear NHV Board of Ed,

I hereby add additional information based on new information just received, then one additional comment.

Beth Bourne has published on X https://x.com/bourne_beth2345/status/2015961359180300604?s=61 that the California Freedom to Read Act is causing librarians to admit nothing will ever again be removed from a library no matter how inappropriate.  She includes a video of the librarians not caring a whit about harm to the children.  

This is directly applicable to proposed policy 6163.1 since the proposed policy is essentially a mini version of the New Jersey Freedom to Read Act.  So you can see the similarity between the California and the New Jersey version, because American Library Association wrote them both, and whomever wrote the proposed policy also inserted the American Library Association wish list that means "no restrictions for children."

As I stated in my original email this morning, the proposed policy implements the NJ FTRA so it will ensure school children are indoctrinated and s*xualized per ALA via NHV BOE school policy.

Here is what Beth Bourne wrote, an analogous confirmation from a California public library:

🚨🚨UNREAL: Yesterday I asked the indoctrinated far-left librarians in Davis why they want kids to access s[*]xually-explicit books that encourage p[*]rn consumption, like “Let’s Talk About It.”

The library manager said the recent passing of “California Freedom to Read Act” (AB 1825) means no restrictions for children.
 
The librarians also seemed fine with predatory men self-identifying into the Women’s Restroom.

To prove the stupidity of the policy, I identified as a man and walked into the Men’s Restroom.

You can’t hate @GavinNewsom and @TheDemocrats enough. 
“The California Freedom to Read Act (AB 1825), signed in September 2024 and effective January 2025, requires public libraries receiving state funds to adopt written collection development policies by January 1, 2026, to prevent book bans.

It prohibits removing materials based on topics or views, protects library staff from retaliation, and forbids restricting access based on age or background.”

Why do children need to be indoctrinated into radical queer theory and transgenderism?
Davis branch library in Yolo County, CA near Sacramento.

While I am writing with that new information, here is an additional problem with the proposed policy.

16)  Policy 6163.1 should provide for parents what the librarians and school teachers already have, namely, access to a database of all holdings in the school library and all holdings in classroom libraries, sorted by classroom.  Full transparency is the key here.  How can parents exercise constitutional rights if they are kept in the dark about school and classroom library contents?  Martha Hickson even put up black paper on the library windows to prevent anyone from looking in.  I entered the library once for a few minutes when it was open and was accused of criminal activity for breaking into the library after hours, supposedly.  Why the secrecy?  Why the reaction if gosh forbid a parent gets inside the library?  Why the OPRA request for library security camera videos to see the alleged crime?  How will parents know what's in the library if some policy does not require full access and if the library windows and classroom libraries are kept out of sight?

And this suggestion is also based on new information since I wrote this morning:

17) Policy 6163.1 should include a means to perform appropriate background checks on possible school librarian candidates, including psychological examinations.  Times have changed and librarians have turned dark.  Such people should be weeded out.  I won't list names but one librarian has just been arrested for threatening the President.  Another one threatened the President but has not yet been arrested.  Others threaten Elon Musk with death.  School librarians.  Martha Hickson herself posted about 8647, so yet another threat to the President, right from the former school librarian who first ran to American Library Association and caused all the problems in the first place.  Granted she was retired at the time of the threat.  A library director in Louisiana was recorded days ago telling a patron that her "d*ck" was bigger than his so he should "s*ck" hers.  Multiple librarians are involved in what's called ICE protests but is really part of a planned insurrection against the American government.  Oh yes, Martha Hickson is one.  Such people should not be hired.  The policy should weed them out, perhaps even allow for their removal if such behavior occurs during employment.  Any investigation should include their social media.  Many adults working in the public school system suffer from one or more mental health issues.  The proposed policy leaves out that these kinds of people should not be anywhere near children, and there's no mention of anything at all to prevent such possible disasters.  The Boy Scouts say "Be Prepared."  The proposed changes to policy 6163.1 leaves on the blindfolds.

Thank you for these additional considerations.  You're in charge.  You need to do the right thing now by setting appropriate policy.  The proposed policy is a disaster waiting to happen.

URL of this page: 




Tuesday, January 20, 2026

Policy Shell Game Hides Parents' Rights in Kansas Libraries

Just moving these books
to the adult section
won't matter, Sunflower eLibrary
lets kids download their own copy anytime.

Public libraries in Kansas shuffle policies with Sunflower eLibrary and trample Parents' Rights to object to s*xually explicit materials freely accessed by children in online accounts. 

The Kansas State Library Handbook (2020 edition, pp. 18–19) directs public libraries to maintain a clearly defined method for handling complaints about materials. The guidance recognizes that challenges may occur and requires the library board policy to oversee a formal reconsideration process, including meeting personally with the Director, submission of a written request, review by designated staff or a committee, and appeals to the governing board, which holds final decision authority.

The 2017 version of the Handbook stated that "the library director should explain that they are complying with the law’s requirements for consideration” (p. 19). 

Reconsideration is a procedural right...

The guidance did not change, however the 2020 version states “the library should explain to the complainant its materials selection policy, stating that the library board "subscribes" to the ALA (American Library Association) Freedom Statements (ALA Bill of Rights)  (p. 19). The ALA's Library Bill of Rights has no legal force, with the judge describing the statements as an "aspirational creed" rather than a binding legal standard. (Berry v. Yosemite Community College District, Case No. 1:18-cv-00172-LJO-SAB. (E.D. Cal. Apr. 17, 2018). It is not a federal statute and the ALA has no authority in Kansas.  No identified cases show any ALA policies being upheld in court (or by libraries in litigation) specifically to deny reconsideration requests for shared digital items. Berry v. Yosemite Community College District limited the legal weight of the ALA Library Bill of Rights in court.

The Kansas State Library Handbook is weaker and less defensible by the recent changes made. Compliance with Kansas statues is required regardless of what inspired the language in the Handbook, which is produced with public funds and issued as governmental guidance to public libraries.

Children have unfiltered access to adult titles and parents can't object...

Sunflower eLibrary, a statewide consortium serving up to 150 Kansas public libraries, enforces a policy that categorically bars reconsideration of tens of thousands of shared digital materials stating, “Due to the nature of consortium or digital content, it is not possible for individual libraries to remove shared and/or content from the consortium. Individual libraries may remove content purchased under their Advantage accounts. Patrons wishing to challenge content need to submit a formal reconsideration request with each library that owns a copy of the title on the consortium, according to each library’s individual reconsideration policies and processes. Individual libraries who object to content shared by other libraries are encouraged to reconsider their participation in Sunflower eLibrary” (quoted from email dated January 9, 2026 from Hays Public Library Director).

The Hays Public Library adoption of this policy is even more restrictive, stating, “Due to the nature of consortium or digital collections, content on Sunflower eLibrary (Libby) cannot be reconsidered if it was purchased and shared by another library. Content on other online resources may also be ineligible for reconsideration depending on how the library subscribes to content on each online resource.”  As a result, patrons are denied any meaningful reconsideration process for all the materials that libraries make available through consortium access unless their local library owns the title.

There is no statutory, constitutional, or delegated authority under Kansas law that permits a library consortium to unconditionally bar reconsideration of shared digital materials, redirect reconsideration exclusively to an “owning” library, or preempt local library board authority under K.S.A. 12-1225 Powers and duties of board. This restriction contradicts the Kansas State Library Handbook (2020, pp. 18–19)) requirement that public libraries maintain a clear, accessible method for complaints about any material available via its catalog or credentials—no exceptions for shared digital items—and exceeds the consortium’s statutory authority.

Because participation in Sunflower eLibrary is conditioned on compliance with this policy, its adoption produces a uniform statewide practice among member libraries that essentially prevents patron reconsideration of shared digital content.

Enter the Consortium...

The Kansas Public Library Handbook lists no barriers to the formal reconsideration process. The process applies whenever a member of the public objects to any material available in the catalog. A library makes material "available" when it appears in the catalog, and can be borrowed, downloaded, or viewed with library credentials, or are presented as part of the collection. Kansas law attaches full reconsideration obligations at that point, with no statutory exemptions for vendors, consortium membership, awards, nor licensing terms. The Handbook makes no exceptions for digital materials, shared/consortium-purchased materials, nor ownership by another library.

The Sunflower eLibrary is not an independent legal entity but a voluntary cooperative consortium formed by member public libraries to share digital resources via OverDrive. It operates through administrative agreements coordinated by regional library systems. A consortium derives its authority solely from its member libraries and cannot acquire oversight authority nor override the legal requirements for compliance of those individual public institutions.

The consortium does not have the authority to ban reconsideration of library materials in any format, regardless of ownership, in conflict with the reconsideration policies and statutory requirements of participating library boards.

Libraries must break the law to stay in good standing as Sunflower eLibrary members...

By conditioning participation in the Sunflower eLibrary consortium on compliance with the terms that exceed its statutory authority, (eliminate meaningful reconsideration and skip over local library board governance), the consortium violates the State ultra vires doctrine. In Kansas, an act is ultra vires when a public body, board, or agency exercises power not affirmatively granted by statute and is therefore void and unenforceable.

No matter who writes the policy, Kansas law has the last word...

Kansas courts consistently hold that Kansas public institutions, including the State Library, public libraries, regional libraries, and by extension Sunflower eLibrary, possess enumerated powers only. Any guidance issued must implement or interpret only existing law and remain tied to express statutory authority.

Kansas law does not permit a public entity to require waiver of statutory protections or duties as a provision of voluntary participation in a public program. Participation and membership fees (paid with public funds) do not create new authority to restrict patron rights or bypass statutory due process. Neither vendor terms by private entities (i.e., publishers, book sellers) nor consortium policies can supersede public-law obligations. Such conditions are void and unenforceable because they are contrary to statute and public policy.

The consortium is exercising power it does not have, enforcing it through conditional participation, and requiring public institutions to act unlawfully to remain members.

Nice try, Kansas doesn't allow that...

The consortium policy that bans reconsideration of shared materials at the point of access through Sunflower eLibrary is ultra vires under Kansas law. Neither K.S.A.75-2547 et seq. (Regional LIbrary Systems), K.S.A. 12-1225, nor any other statute grants a regional library system authority to override or condition away the statutory and board-governed duties of member public libraries, rendering the policy void from the beginning.


Laundering the Accountability

This arrangement constitutes a public-private policy shell game, deliberately diffusing and obscuring accountability across multiple layers to evade statutory duties:

  • Local public library boards deflect reconsideration requests by pointing to the consortium's "rules" banning reconsideration of shared titles.
  • Sunflower eLibrary enforces the restrictive policy in up to 150 public libraries as a condition of participation and redirects local libraries to enforce intentionally difficult and burdensome procedures to discourage reconsideration directly from owning libraries as the only other option.
  • Upstream guidance from the publicly funded Handbook lends aspirational cover from a private lobby group (ALA) with no statutory authority in Kansas.
  • The result: responsibility is shuffled so no single entity bears practical liability, while patrons face prohibitive obstacles, in violation of the intent of the governmental guidance in the Handbook.

A public entity may not do indirectly what it lacks authority to do directly.

As an extension of Kansas public library systems established under K.S.A. 75-2547 et seq., and as a recipient and administrator of public funds, the Sunflower eLibrary consortium must operate within the bounds of Kansas law governing public libraries and regional systems. While the Kansas Public Library Handbook does not itself carry the force of law, it constitutes official, publicly funded government guidance intended to implement statutory duties.

Each member library remains a governmental entity subject to Kansas law, and participation in the consortium represents an extension of local library operations, not the creation of separate governing authorities. Neither the consortium nor its member libraries may rely on consent, contractual agreement, or voluntary participation to shield unlawful policies from enforcement or corrective action.

Nothing in the Public Library Handbook or Kansas statute authorizes a director to refuse a request or reroute it solely because another library bought the title. A public library does not have the lawful authority to defer responsibility or duties once their patrons are granted access to the materials.

Direct conflict with Kansas Harmful to Minors Law...

The Kansas Harmful to Minors law (K.S.A. 21-6402) prohibits knowingly distributing, presenting, or making available material that is harmful to minors (appeals to prurient interest of minors, patently offensive s*xual conduct descriptions, and lack of serious value). The consortium policy barring reconsideration of shared digital materials directly conflicts with the law by preventing or redirecting evaluation of material made available to minors. Any such policy conflicts with K.S.A. 21-6402 Harmful to Minors, undermines the statutory librarian defense, preempts local board authority under K.S.A. 12-1225, exceeds regional system powers under K.S.A. 75-2547 et seq., and is ultra vires, void, and unenforceable. The statute requires accountability at the point of access, being at the library serving the minor. There are no exceptions in the law for shared digital materials.

Your kid gets to see it whether you like it or not...

The policy “Shared digital materials cannot be reconsidered” is a categorical elimination of review for the largest and fastest growing category of access. The practical effect is no local review of shared digital content, no local ability to restrict, reclassify, or remove content for minors, no governing board oversight where the minor lives, and effectively no reconsideration process at all for most titles offered by all of the libraries in the consortium across the entire state.  Kansas law gives no authority to the consortium to prevent reconsideration of any library materials.

The Sunflower eLibrary policy ensures no reconsideration body has authority over shared digital materials and is incompatible with the statutory design. By creating an unauthorized digital exemption and refusing statutory review at the point of access, whether that be on a library computer or on a personal device accessing the library patron account, the consortium policy flies in the face of the legislative intent. 

Sunflower says the Library Board of Directors cannot object, either...

The law holds the Board of Directors responsible, not the Library Director who is following the Board approved policy, so the consortium policy undermines the statutory librarian defense under K.S.A. 21-6401(g)(2) (Safe Harbor) by cutting out board-approved governance. The consortium policy is used by local libraries to shield digital materials offered to minors from reconsideration, but it in effect increases the risks to the Directors by removing the protection of this law.

By stripping local boards of authority to reconsider shared digital materials, the consortium rule exceeds delegated authority and conflicts with K.S.A. 12-1225’s (Library Board Powers and Duties) allocation of governance responsibility. A consortium policy cannot lawfully remove board oversight without express statutory delegation.

The policy surpasses the service-coordination limits of K.S.A. 75-2547 et seq. (Regional Library Systems Scope of Authority) which does not authorize Sunflower eLibrary to preempt locally accessed content governance, nor elimination of local complaint procedures, nor allows the library to use the policy of a consortium to override the guidance of the Handbook regarding reconsideration (which allows no exceptions for shared digital materials).

The Consortium operates outside the law...

No statute authorizes denial of reconsideration based on ownership, licensing structure, or consortium participation. A library consortium that bans reconsideration of materials without statutory authority is ultra vires (Latin for “beyond powers”). A public library board that adopts a policy that contradicts state law is ultra vires and cannot defer responsibility to the consortium who is already in violation of statute by banning reconsideration of shared library materials at the point of access.

The Sunflower eLibrary policy—as applied—is ultra vires, void, and unenforceable. It conflicts with statutory reconsideration requirements, protections for minors, and local board governance. The redirection defense creates an intentional barrier that effectively nullifies patron rights for shared digital content.

Local boards remain ultimately responsible and cannot lawfully defer to the consortium or rely on private ALA guidance. Patrons retain the right to request reconsideration directly from their local board for any accessible material.

Almost half of the public libraries in Kansas have adopted the Sunflower eLibrary policy as an active defense for refusing reconsideration requests and all patrons who use those libraries have been misled by these policies to accept that they have no right to request reconsideration of any of those shared materials, all in violation of Kansas law.

Kansas law—not consortium policies, not private lobby guidance—has the final word. Kansas statutes do not bend to voluntary agreements that strip away statutory rights and parental oversight. Communities have the right and responsibility to protect children, and no shell game of deflection and misdirection can lawfully deny that role.  


Resources include: 

Statutes (Kansas Statutes Annotated)


Official Government Guidance & Regional Library Sources

See also:

URL of this page: 




Sunday, January 18, 2026

TPIA / FOIA Request 001: Llano ISD Board of Trustees

Dear Llano ISD Board of Trustees,

There is a potential for a serious problem within either the Board of Trustees or school management, faculty, or employees.  This is not exaggeration nor a reason for ridicule.

On Saturday, January 10th, 2026 at 9:53 PM, I sent you an email entitled, "Schools Displaying 'The Librarians' Might Renew Bullying of Parents, Presenting Liability."  I then published, "Schools Displaying 'The Librarians' Might Renew Bullying of Parents, Presenting Liability" at https://safelibraries.blogspot.com/2026/01/schools-displaying-librarians.html .

What I sent you, and what eight other people sent you, was published, with only email addresses redacted, on the internet, in a post to a Facebook group called "Llano County News Wire."  It exposed personally identifiable information on the TPIA responses. Ridicule ensued at the site, likely part of the reason or goal for the exposure.  See: https://www.facebook.com/llanocountynewswire/posts/pfbid0jRsuKFgrr9jEMyLvYFUAxm8nHohD3CEkQvPYyUsXqwRKD3aVUf8XVoQ7N5k9spV3l or https://www.facebook.com/100063579010535/posts/1497987242330562/ 

By the way, in that comment by "Llano County News Wire," he/she does not merely report news but kickstarts the ridicule of the parents he/she just doxxed. He/she says, "Keep in mind most came from people living in other states or towns."  So already the message is don't listen to us; that's not journalism.  He/she leaves out that the American Library Association and nearly all of the contents of "The Librarians" comprise "people living in other states or towns."  He/she uses it as a smear on parents writing to the school, while defending "people living in other states or towns" as shown in ALA's movie and with ALA policy all over the school that's causing the problems in the first place, the Library Bill of Rights, for example. ALA is from Chicago, Illinois. By the way, I'm in that movie, and you'll see me in the audience in New Jersey, right before school librarian Martha Hickson says, "fifth graders HAVE penises."

The emails exposed were on Saturday, January 10, 2026, from Susan Perez at 11:25 AM, Bonnie Wallace at 12:01 PM (who won the Little v. Llano County case and who is shown speaking in "The Librarians"), Ron Herrin at 4:30 PM, Dan Kleinman (myself who is seen in "The Librarians") at 8:54 PM. Also on Sunday, January 11, 2026, from Deborah Leimbach at 7:52 PM. Also on Monday, January 12, 2026, from Jackie Cherico at 2:12 PM, Mary Moore at 5:36 PM. Also on Tuesday, January 13, 2026, from Teri Hubbard at 7:04 AM, Larry Huston at 7:32 AM.  So the most recently exposed was from Larry Huston on Tuesday, January 13, at 7:32 AM.  Some of those people were doxxed.

They were then published on the internet at "Llano County News Wire" on Friday, January 16, at 9:03 PM.  That leaves a gap of a little over three and a half days, assuming someone knew to file a TPIA request on Tuesday morning.

In Texas, TPIA / FOIA requests take time.  A sample form can be found at NFOIC here: https://www.nfoic.org/texas-sample-foia-request/ where it reads, "The Texas Public Information Act requires that you 'promptly produce' the requested records unless, within 10 days, you have sought an Attorney General’s Opinion." In my experience, that almost always means you'll get a response, if any, on day ten.

The need for the TPIA request to produce emails I submitted and did not otherwise announce publicly was somehow instantly identified.  Then the TPIA request was submitted in record time.  And the records were turned over in absolute record time.  Then they were published.  All that in in a mere three and a half days.  It's impossible without someone on the lookout and someone greasing the wheels, someone from inside Llano ISD.

I don't believe that super fast timeline is possible were it done honestly.  Someone within the school is ratting out the parents to subject them to bullying and ridicule.  In a case where I showed strong evidence that the showing of "The Librarians" may result in continued serious bullying of a parent who needed round-the-clock police protection, now I'm getting bullied by how the school reacted to multiple emails from parents opposing the showing of "The Librarians."  To me, Llano ISD is using bullying to smear my reporting "The Librarians" they intend to show in the school is itself bullying another parent.  It's bullying to protect bullying, with both people being bullied trying to stop children from being harmed by school librarians.

As I said before, there is a potential for a serious problem within either the Board of Trustees or school management, faculty, or employees.

As if knowing something is off and in an apparent effort to allay concerns, "Llano County Wire News" responds to someone suggesting, "Mac Edwards forwards the emails to Tom and the liberals," with the following on Saturday, January 17 at 9:20 AM, "FOIA request. Freedom of information act. They were not forwarded to anyone. They are required by law to respond to a FOIA request".

In my over twenty five years investigating schools and libraries, never has a FOIA requestor ever been tipped off so fast and the FOIA response provided so quickly, then published, then used to ridicule and bully people by doxxing people.  Except one other case.  Recall that mother in the "The Librarians" who got bullied by librarians and needed 24 hour police protection?  She is the only other case I know where they happened so quickly.  She submitted a complaint to an anonymous tip line set up precisely to accept anonymous tips about school books, just to allow the school to act without all the drama that ensues from librarians crying wolf.  The "anonymous" tip was then immediately reported to the school, thence to the school librarian, thence to a political attack dog for American Library Association who filed a FOIA request, got the "anonymous" tip on video, then doxxed the mother leading to weeks of police protection.  The very same mother you will be doxxing and bullying again if you show "The Librarians" in the schools.  Schools have antibullying rules.  Those go out the window if you show this film.

So not only is Llano ISD bullying parents who complained about "The Librarians" again bullying a family who needed police protection, but it has somehow leaked and sped up a FOIA response to bully parents, exactly as was done in the bullying incident in the movie. Librarians are experienced in, even trained in this tactic. It's just happened again in Llano ISD.

Also, Texas Library Association trains librarians to defy TPIA, to violate the law, all to keep the indoctrination of school children by school librarians from the public and from Texas legislators.  Yet, to ridicule and bully parents opposed to ALA's "The Librarians," suddenly the TPIA response is super quick.  See: "School Librarians Train to Violate FOIA Law to Keep Parents In the Dark About S[*]xualizing Children" https://safelibraries.blogspot.com/2022/12/school-librarians-train-to-violate-foia.html

So again, there is a potential for a serious problem within either the Board of Trustees or school management, faculty, or employees.

That's the background for the following TPIA request.

Under the Texas Public Information Act, Tex. Gov’t Code §552.001 et seq., I am requesting an opportunity to obtain copies of public records.

  1. Please produce via PDF in response to me the email I sent you on Saturday, January 10th, 2026 at 9:53 PM, entitled, "Schools Displaying 'The Librarians' Might Renew Bullying of Parents, Presenting Liability."  I want to see it you properly redact the response or if you merely send it back with just the email blacked out.
  2. Please produce via PDF in your response to me the documentation of a TPIA or FOIA request from "Llano County News Wire" or the person running that comprising, as he/she put it, "FOIA request. Freedom of information act. They were not forwarded to anyone. They are required by law to respond to a FOIA request".
  3. Please produce via PDF or audio recording in your response to me any other communications of any form, including verbal, with the person who allegedly submitted a FOIA request as identified in the above question, and restrict the time frame for this search from January 10, 2026 to the present.  Super reasonable.  If personal accounts were used to hide such communication(s) from the public, those documents must be released as well, TPIA doesn't protect them.  If anyone is in a BCC list, those must be identified as well.  BCC is for the emailer's convenience, not a means to bypass TPIA.  If you interpret my words in a cagey way or a way you think is clever to keep me from getting information under the law, then you are violating TPIA §552.001: "POLICY;  CONSTRUCTION (a) .... The provisions of this chapter shall be liberally construed to implement this policy."

Hey, piece of cake.

If there are any fees for searching or copying these records, please inform me if the cost will exceed $5.  However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of how school children are being harmed by American Library Association and subgroups like Texas Library Association or EveryLibrary and by local school districts like Llano ISD that allows political candidates like Leila Green Little to have "The Librarians" shown in the school to use the students to boost her own chances of election--in an election against her husband, no less. (Leila Green Little lost the Little v. Llano County case.) For example, the public might like to know of corruption within the school when parents are being ridiculed and bullied by the release of information used to file TPIA requests and get responses super fast, like occurs only in cases where parents are being bullied for opposing how school librarians harm children per ALA's sixty years of effort to eviscerate parental rights: https://drive.google.com/file/d/1PZ2pDhKhRAtlNgR7gek_1kcdGFoskHpa/view?usp=sharing .  This information is not being sought for commercial purposes.

The Texas Public Information Act requires that you “promptly produce” the requested records unless, within 10 days, you have sought an Attorney General’s Opinion.  If you expect a significant delay in responding to this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

[NOTE: This email has been published here: "TPIA / FOIA Request 001: Llano ISD Board of Trustees" https://safelibraries.blogspot.com/2026/01/tpia-foia-request-001-llano-isd-board.html ]

Sincerely,

Dan Kleinman, Owner of SafeLibraries® brand library educational services


NOTE ADDED 19 JANUARY 2026:

On Facebook, "Llano County News Wire" has deleted my polite comment asking to see the FOIA request and the response.  I even gave fair notice that I was one of those whose emails were published.  Then I was blocked from the page completely.  

This tells me I'm over the target that some collusion has occurred.  Such collusion is likely to have violated ethics codes for Texas boards of trustees.

"Llano County News Wire" did, however, respond to my comment, and that is still online.  You can see a response to me but my comment to which the response pertains is gone.

Here is the "Llano County News Wire" response to the comment of mine that was deleted:
Dan Kleinman public information request or freedom of information request. You call it what you want, it does the same thing. It said I would like to request copies of any and all emails sent to any and all school board members and school personnel in regards to a film being shown at the high school auditorium on January 24, 2026.
So "Llano County News Wire" evaded the question completely then deleted my comment and blocked me entirely.  To me, that's smoke, and there's fire somewhere.  I'll do my best to report on that fire.

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