Parental Notification of Sexually Explicit Instructional Materials

Virginia law requires school divisions to adopt policies to notify parents and guardians regarding sexually explicit content in instructional materials. The School Board adopted a policy and regulation to implement this law.

• Policy 796, "Sexually Explicit Materials"
• Regulation 796-1, "Sexually Explicit Materials"

PWCS staff reviews all instructional materials to identify sexually explicit content. The review process is continuous as new instructional materials and books are acquired by the school division.

• Parents and guardians will be notified at least 30 days before students use the identified materials. Notification will occur on the course syllabus (middle and high school levels) or in parent emails/letters.
• Parents and guardians will be provided an opportunity to review the materials.
• Schools and teachers will provide alternate supplemental materials/texts at the request of parents and guardians.

Prince William County Public Schools (PWCS) follows Regulation 653-2, “Reconsideration of Instructional Material,” for the reconsideration of challenged materials.

Why is PWCS listing “sexually explicit” materials on its website?

Virginia law requires school divisions to adopt policies to notify parents and guardians regarding sexually explicit content in instructional materials (Virginia Code § 22.1-16.8). The School Board adopted a policy and regulation to implement the law:

• Policy 796, “Sexually Explicit Materials
• Regulation 796-1, “Sexually Explicit Materials”

What is sexually explicit content?

Following Virginia law and the model policy developed by the Virginia Department of Education, PWCS Regulation 796-1 defines sexually explicit content as “(a) any description of or (b) any picture, photograph, drawing, motion picture film, digital image or similar visual representation depicting sexual bestiality, a lewd exhibition of nudity, as defined in this policy, sexual excitement, sexual conduct or sadomasochistic abuse, as defined in this policy, coprophilia, urophilia, or fetishism. Instructional materials shall not be designated as sexually explicit based solely on the sexual orientation of the characters therein.”

What are instructional materials?

Instructional materials mean any content used by one or more students for an educational purpose, regardless of:

• Its format, whether printed, representational, audiovisual, electronic, or digital (such as materials, social media content, and software applications accessible through the internet); or
• The time, place, and manner in which the content is used.

Library materials are considered instructional materials when used:

• For completion of an assignment; or
• As part of an academic or extracurricular educational program.

This includes any division, school, and/or classroom purchased or created assessments.

Instructional materials do not include standardized national or state assessments, such as ACT, AP, Cambridge, IB, NAEP, PSAT, or SOL exams.

How is PWCS complying with the state law and PWCS policy and regulation?

PWCS staff reviewed all division curriculum, purchases, and recommended instructional materials with sexually explicit content before the beginning of the 2023-24 school year.

Parents and guardians will be notified at least 30 days before the use of materials with sexually explicit content by their students as required under Virginia law.

The review, identification, and notification process is an ongoing process that will be used when planning units, lessons, and learning experiences.

All teachers and counselors must examine their instructional materials – including all assigned reading materials and other formats – to identify materials that meet the definition of sexually explicit content in Virginia law.

Teachers and counselors will verify in writing to their principal/administrator either:

1. The teacher/counselor has no supplemental instructional materials (this includes all teacher-selected materials that appear in Canvas) that contain sexually explicit content; or
2. The teacher/counselor does have supplemental books or instructional materials that contain sexually explicit content and the materials are on the divisionwide list.

If the identified instructional materials remain in use after discussion with the principal, the materials will be added to the divisionwide list.

School librarians worked collaboratively to review the full collection of books, magazines, media (e.g., videos, CDs, electronically available books/reading or reference materials, etc.), and other reading materials to determine if they meet the definition of sexually explicit materials under Virginia law. Librarians will verify in writing to their principal/administrator either:

1. There are no instructional materials in their library that contain sexually explicit content;
2. There are books/reading materials in their library that contain sexually explicit content, and all identified materials are on the divisionwide list.

If the identified materials remain in use after discussion with the principal, parents and guardians will be notified and provided an opportunity to review the materials at least 30 days before students use the materials.

How will parents and guardians be notified if the school uses such materials?

All parents and guardians of students who may use the identified instructional materials will be notified and provided an opportunity to review the materials at least 30 days before the use of the materials.

Middle and high school instructional staff will utilize the required course syllabus to notify parents and guardians of the use of teacher-selected materials with sexually explicit content. Throughout the year, middle and high school instructional staff will notify parents and guardians at least 30 days before students use sexually explicit materials not included on the course syllabus. Schools and teachers/counselors will provide alternate instructional materials at the request of parents and guardians.

Note: The divisionwide list will be updated on an ongoing basis, as needed. Not all materials on the divisionwide list are currently in circulation or use in PWCS.