To the Editor:

I wish to respectfully respond to my friend, James Gaston’s observations on my recent Letter to the Editor in The Bee. As is typical of our long-standing working relationship in connection with issues concerning Newtown, we agree more than we disagree. It should be of no surprise that differences lie in the application of our government, not in our goal of doing what is best for Newtown.

The Board of Education has met its responsibilities under the 14th Amendment and due process standards by following Board Policy 8-302.

The most cited case regarding the issue of selection and removal of books in a school library (Bd of Ed v Pico) is a plurality decision joined by less than half of the justices and is not law at all (not binding precedent). It is important to note, among the various opinions presented in the case, that the Justices agree with basic principles more than they disagree. In those areas of assent, we find the guidance adopted by subsequent courts in dealing with this issue.

Those areas are:

1. Students do not leave their constitutional rights at the door.

2. School libraries are not public libraries and different standards for the selection and removal of books apply.

3. A School Board may not remove books from their libraries if their exclusive intent was to deny students access to ideas in which they disagree.

4. A School Board may exclude or remove books that are “pervasively vulgar,” or educationally unsuitable.

5. Parents have a large voice in running the schools through popularly elected members of the School Board.

These precepts are important in evaluating books under challenge and meet 1st Amendment standards for review.

The suppression of ideas is not the basis under which these challenges are being made. The themes expressed in the District Staff’s report are legitimate areas of study and discussion. The question is the manner in which these themes are presented and whether it is appropriate for school age children.

Are these books the best that we can offer to our students?

That question remains unanswered by the District Staff report and is left to be properly determined by the Board of Education.

Don’t settle for merely content in your vote, demand quality from your professional district staff.

That is what the law allows, and the citizens of Newtown elected you to do.

(Also sent to all members of the BOE prior to the May 16 meeting ... and my friend Jim)

Andrew Buzzi, Jr

Newtown