To be or not to be on the shelf? That’s the question school districts across Florida are asking themselves as they figure out how to apply a new book-challenge law.

In Leon County, home to the state’s capital, school-media specialist Kathleen Malloy says “The Bard,” William Shakespeare, could be at risk. Shakespeare’s works have already been restricted for certain grades in Orange County, which includes Orlando.

Schools are having to ditch long-established methods for choosing what books to purchase and teach. Since the new law signed by Gov. Ron DeSantis took effect July 1, if a school district finds material that contains “sexual conduct,” under the state’s definition, it must “discontinue use of the material for any grade level or age group for which such use is inappropriate or unsuitable.”

Malloy said she used to go by a system called the Miller Test, a three-prong method established with Supreme Court rulings to determine whether material was obscene. No longer.

“Even Shakespeare is suspect,” Malloy said.

State law goes into effect over ‘sexual conduct’ in books at schools

Malloy and other media specialists around the state are interpreting the new legislation, HB 1069, to mean that districts could be breaking the law if they do not pull media containing “sexual conduct.” That includes many books needed to take the College Board’s Advanced Placement literature exam and dual-enrollment classes.

Malloy said that could even apply to books that overall are “very valuable as a piece of literature,” with just one or two small scenes that fall under the “sexual conduct” definition.

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Districts are awaiting training from the Florida Department of Education on how to proceed, and some have put their review processes on hold to wait for state guidance, including Brevard and Hillsborough.