Bill to charge Ohio teachers would combat 'obscene' classroom books, lawmaker says

COLUMBUS, Ohio (WCMH) -- An Ohio legislator says a bill to charge educators with felonies for handing out "obscene" materials is needed after substitute teachers saw books in the classroom "depicting actions that students don't need to be seeing."

The legislation, House Bill 556, received a Ohio House Criminal Justice Committee hearing on Dec. 3 and would establish "criminal liability for certain teachers and librarians for the offense of pandering obscenity." The bill would charge teachers and school librarians with fifth-degree felonies -- punishable by a sentence of six to 12 months in jail and a fine of up to $2,500 -- for creating, reproducing, publishing, promoting or advertising "obscene material."

"We've had people reach out from my district and throughout the state … saying, 'I came in as a substitute teacher, we saw there were things graphically depicting actions that students don't need to be seeing sitting there on bookshelves,'" said Rep. Adam Mathews (R-Lebanon), the bill's primary sponsor, during the hearing.

Vice-chair of the committee, Rep. Josh Williams (R-Sylvania Twp.), said he had considered introducing a similar measure given he agrees "with the idea behind the bill when it comes to obscenity." Williams said he has "seen the books that have depictions, that have stories, that have narratives that are directly related to sex that we're starting to see pop-up in classrooms and in libraries in our schools."

The Ohio Federation of Teachers announced it opposed H.B. 556 when it was introduced earlier this year and noted the legislation defines "school librarian" to include those at "school district public libraries," which are not libraries in schools but rather refers to a classification of public libraries in Ohio. Nearly 150 of Ohio's 251 public library systems are classified as school district public libraries.

"Our libraries strive to offer collections representing a multitude of views, opinions and life experiences so everyone can find something that meets their particular needs," said April Overly, a Worthington Libraries librarian. "Intellectual freedom is at the heart of the work public libraries do, and it plays a huge role in the trust the public has in us. We can't allow politicians to infringe on that freedom by deciding which books, music, films, and other media we're allowed to make available."

Mathews noted H.B. 556's definition of obscene is already in use by courts and legal experts and is only meant to include "material on the most extreme end of the spectrum." This means material "with a dominant appeal to prurient interest, dominant tendency to arouse lust by displaying or depicting sexual activity, or dominant tendency to appeal to other extreme interests such as bizarre violence or cruelty."

H.B. 556 would allow for such depictions to be shown in certain context during select courses, such as in art, biology and health classes. Mathews said those exceptions are "limited to where you really need that, rather than grammar, English, math, social studies and the like."

The bill's hearing came shortly after an Ohio public school teacher was suspended for three days without pay for having four books with LGBTQ+ characters in her third-grade classroom. The teacher has since sued the district, arguing she "maintained these books in her classroom in furtherance of her sincerely held moral and religious beliefs."

Given H.B. 556 needs to undergo additional review and votes in the Ohio House and Senate, it is unlikely to be sent to Gov. Mike DeWine's desk for signature before the end of the General Assembly's two-year session this week. Lawmakers could reintroduce the bill next session, which starts in January.

House Bill 8, a similar school-related legislation known as the "Parents' Bill of Rights," could receive Statehouse approval this week. The bill would allow parents to opt their students out of "sexuality content," require educators to notify parents of various changes in their children, and require school districts to implement religious release policies.