State Headquarters Legislative Office West Michigan Regional Office

2966 Woodward Avenue 115 West Allegan Street 1514 Wealthy St. SE, Suite 260
Detroit, Ml 48201 Lansing, Ml 48933 Grand Rapids, Ml 49506
Phone 313.578.6800 Phone 517.372,8503 Phone 616.301.0930
Fax 313.578.6811 Fax 517,372.5121 Fax 616.301.0640
E-mail aciu@aclumich.org E-mail aclu@aclumich.oro Email aclu@adumich.org
Michigan www.aciumich.org www.aclumich.oro www.aclumich.org

June 22. 2023

Board of Hducation
Forest Hills i^ublic Schools
6590 Cascade Rd. Si-
Grand Rapids. MI 49546

Re: Book Removals at Forest Hills Public Schools

Dear Board of education Members:

We write on behalf ofthe ACLU oi'Michigan to urge you to respect the constitutional free speech
rights of students in Forest Hills Public Schools (FHPS). The following recent issues in FHPS
have been brought to our attention: i) The removal of six books over the summer Irom FHPS
school libraries: and ii) The removal of books from the I’MPS First Grade curriculum.

I. The Removal Of Books From FHPS School Libraries

It is our understanding that during the summer prior to the 2022-2023 school year, books were
removed from the shelves of FHPS school libraries. As you are well aware, on February 8, 2023
the National Coalition Against Censorship authored a letter to the Board of Education, indicating
concern regarding a recording of an individual identified as Superintendent Daniel Bchm. which
appeared to be encouraging the removal of books in violation of Board policy 5407-AG. In the
months that follow'cd. it w-as revealed that six books were indeed pulled from the shelves of FHPS
school libraries at the direction of the Superintendent. It is our understanding that these books
have since been returned to the shelves at Forest Hills Northern High School, and that the District
is now undergoing an effort to update its policies and procedures regarding acquisition and
weeding of books available to its students.

The ACLU is troubled that these books were removed from the shelves of FHPS school libraries.
It is undisputed that the ”[l]oss of First Amendment freedoms, even for minimal periods of time.
constitute[s] irreparable injuiw." Elrod v. Burns. 427 U.S. 347. 373,96 S.Ct. 2673. 49 L.Ed.2d 547
(1976). As the ACLU cautioned in its November 1. 2022 letter to Superintendents and School
Board Presidents across the State of Michigan: "In debating whether to allow students to check
out a controversial book from the school library, it is easy to lose sight ofthe overarching function
ol'our schools: to train young people to think for themselves.’' Today, we again urge you to
consider that the I'uture of our country rests upon the ability of our students to thrive in a diverse
society that is informed by a diverse array of literature. Numerous organizations, including the
Michigan Library Association, have developed models that you should consider as you develop a
policy that respects students’ First Amendment rights.
 11. The Removal Of Books From FHPS First Grade Curriculum

The ACLU has also learned that books that were designated for the First Grade curriculum for
FHPS students, were similarly removed in an ad hoc fashion at the beginning of the 2022-2023
school year. We are deeply concerned that these books were removed based solely on the fact that
they include LGBTQ1A+ characters.

It is our understanding that the First Grade curriculum includes the Jump Rope Readers program,
which consists of multiple series of books, all identified by particular colors such as red, green,
blue, etc. There is a series of books that is identified in the Jump Rope Readers program as the
"Tangerine Series” which includes a set of books by author Katie Wischow. These are the “Ida
and Jake” books. The “Ida and Jake” books feature as a main character, a little girl named Ida,
who has two moms.

The books in the “Tangerine Series” include the following titles:

● “Ida and Jake Hunt for Treasure!”

● “Ida and Jake's Game Night”
● “Ida and Jake Save The Parade”
● “Ida and Jake Do Not Like Babies!

It is readily apparent that there is no sexual content within these books for first graders. Yet, the
ACLU has received documentary evidence demonstrating that the “Tangerine Series” of“Ida and
Jake” books were deliberately pulled from the cuiriculum in September of 2022. We have
enclosed with this letter the emails between district administrators and the sales representative for
the books, which compel the conclusion that the “Ida and Jake” book set was removed from
curriculum, and that the removal of the books was based on the fact that these books feature two
moms.

One book in particular about Ida and her moms attending the Pride parade, was initially raised in
an email on September 14. 2022,from Paul Baragar in the Instruction Office to Kim Van Antwerp,
Director of Instructional Services. (See Exhibit 1 to this letter). Then, below is the sequence of
correspondences that followed:

The next day. on September 15, 2022, Van Antwerp forwarded the email from Baragar to
Assistant Superintendent Scott Haid, stating that the series or book could need additional
discussion and asked for a “chat” the following day. (Exhibit 2).

On September 21,2022, Van Antwerp and at least one other person (the email says “we
are on now if you are still available”), met virtually with a sales rep, Diane Tripl, regarding
Jump Rope Readers. (Exhibit 3).

On September 22, 2022, Tripl emailed Van Antwerp and told her she had a call with her
manager about the “JRR issues” and her manager said, “you could return them.” Tripl
requested that Van Antwerp text a picture of “the stickers” to send to her. Van Antwerp
 then forwarded the email about the “return” and the request for “the stickers” to Assistant
Superintendent Haid, who replied the next day,“They’re trying.”(Exhibit 4).

● On September 26, 2022, Tripl emailed both Van Antwerp and Assistant Superintendent
I-Iaid, thanking them both for “handling the Jump Rope Readers situation with grace like
you have.” She also stated “I know it is extremely frustrating for you . . . Most
teachers/admins are okay with the content, but are also very conscientious as to how they
will be accepted in your community. The last thing I want is to sell you products that
create additional headaches and emails for you.” (Exhibit 5)(Emphasis added).

● On March 22, 2023, Assistant Superintendent Haid forwarded at least some portion of the
above-described emails to Superintendent Dan Behm. (Exhibit 6).

The removal of the “Ida and Jake” books from curriculum by these two individuals appears to be
indicative of a “highly irregular and ad hoc” scenario, which may amount to the type of“improper
interference” that raises the specter of official suppression of ideas, in violation of First
Amendment rights of the students of FHPS. Bd. ofEduc., Island Trees Union Free Sch. Dist. No.
26 V. Pico, 457 U.S. 853, 871-875 (1982). Moreover, such actions may violate the Elliott-Larsen
Civil Rights Act. Indeed, on May 26, 2023, the Michigan Civil Rights Commission requested an
opinion from the Michigan Attorney General on “whether banning and censorship of content and
materials ... in educational institutions constitutes a violation of the Elliott-Larsen Civil Rights
Act.”

Thus, we are bringing to your attention the above-described disturbing chronology of events, in
order to remedy the harm that has occurred. The events documented by the emails included with
this letter raise grave concerns regarding not only the potential suppression of ideas, but also, and
importantly, the damaging messaging it sends to our LGBTQ1A+ students and the community as
a whole. To the extent that the administrators who removed the “Ida and Jake” books from
curriculum, or other individuals, may have an objection to a curriculum that is “pro-LGBTQ”
because it seeks to simply weave principles of inclusion of different kinds of families into the
curriculum taught in FHPS, any such objection has no merit. There is “no free exercise right to be
free from any reference in public elementary schools to the existence of families in which the
parents are of different gender combinations.” Parker v. Hurley, 514 F.3d 87, 106 (1st Cir. 2008).

As such, we request that:

i) the Ida and Jake books be restored to the First Grade curriculum immediately.

ii) the Board conduct a full investigation of the events and the acts of the individuals
described above, which demonstrate a concerning practice of suppressing unpopular
ideas, and

iii) the policies and procedures currently being crafted by FHPS regarding acquisition and
weeding of books, be crafted to address and prevent the type of ad hoc scenario that
occurred with the removal of the “Ida and Jake” books.

3
We believe that these measures are reasonable and necessary, in view of the events described
above. Please respond as to the Board of Education's commitment to fulfilling the ACLU’s
requests with respect to these remedial measures.

Additionally, the ACLU of Michigan hereby requests under the Michigan Freedom of
Information Act(“FOIA”), MCL 15.231 etsea., the following public records:

1. Any and all communications, including internal and external email communications and
any other internal and external correspondence, made in connection with the Jump Rope
Readers, and/or any and all "Ida and Jake” books.

2. Any and all communications, including internal and external email communications and
any other internal and external correspondence, relating to the inclusion or removal of any
or all of the following books from any FHPS school libraries: Looking for Alaska, My
Friend Dahmer, Me. Earl and the Dying Girl, The Handmaid's Tale (Graphic Novel), 19
Minutes, and Beyond Magenta.

3. Any and all communications, or records of communications, including email

communications, with Stephanie Boone and/or any other individual(s) related to the
challenge, review, and/or removal of any book or resource from your school libraries
and/or curriculum within the last two years.

4. Any and all current and former policies, guidelines, and instructions related to the
challenge, review, and removal of books from school libraries and/or cumculum,
including:

a. current policies, guidelines, and instructions,

b. former policies, guidelines, and instructions,
c. draft policies, guidelines and instructions under consideration, and
d. documentation regarding any changes to policies, guidelines, and
instructions, and the dates when such changes were made or went into effect.

5. Any and all cuirent or former training and/or orientation materials, criteria, or instructions
provided to or used by media specialists, administrators, committees, boards, or other
school personnel regarding the challenge, review, and removal of books from school
libraries and/or curriculum.

6. Any and all notes, minutes, recordings, or other documentation regarding: (i) initial,
internal and/or informal reviews or meetings, and (ii) formal and/or reconsideration review
or meetings, undertaken by media specialists, administrators, committees, boards, or other
school personnel relating to the challenge, review, and/or removal of any book or resource
from your school libraries and/or curriculum within the last two years.

The ACLU requests that you waive or reduce any fee associated with this request as permitted by
MCL 15.234(2). Waiving or reducing the fee is in the public interest because disclosure of the
requested public records can be considered as primarily benefiting the general public in its

4
understanding of the operation of the FHPS and its school libraries. If this request for waiver of
fees is denied and it will cost more than $100 to process the request, please contact the undersigned
before proceeding.

Please process and respond to this request pursuant to the requirements of FOIA, including by
responding within five business days of receiving this request, by separating exempt from
nonexempt material, explaining the basis for any detennination that any requested material is
exempt from disclosure, and describing any material that is deleted, redacted or withheld. Further,
please provide the requested records in electronic form if it is feasible and economical to
do so.

Thank you for your attention to this important matter. We look forward to your prompt response.

Sincerely,

/s/ Jay Kaplan

Charissa Huang Staff Attorney, Nancy Katz & Margo

Cooperating Attorney, American Civil Dichtelmiller LGBTQ+ Rights Project
Liberties Union Fund of Michigan ACLU Fund of Michigan
chuang@shrr.com jkaplan@aclumich.org

Enel.

5
SHRR\5855253vj
EXHIBIT 1
 9
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Fwd: Jump Rope Readers

Thuraday, Septernbor 15,2022 ol 4:53:56 AW Now Zoalond
Standard tlmo
kvanantworp@mps.nol Van Antwerp. KImborly 1 .●<
To:shaId@mps.not ScoR HalcJ K
book, could nood some odblUonal discussion. Can we chat tomorrov/?
Looks like this particular series, or

I did notgatlior this tovol ofdotallfrQm the summatv provldad,

Forwarded messago '

Kim,
Dlarie (Rep from Helnemann) just called and wanted to talk through to e SlM^^about having
set Set B. Box 2. IVe attacnea utose uouio wc-u-n. ^—:
But book 4 in particular (MghUght^ In vetow
-
parade - in NYC Another
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U^t tols'book was not appropriate for Grade 1 students.

Paul

.iKitutllon OffleoJ Oirttaflom irxJ Sla« Oewtopmonl

OtaWd DPPO onJ SCECH Coofdltwtof
. APDnUlctTMUno
Pored Hill* ruble Schools iOI6.493.Ba2a

Kim Van Antwerp

Director of instrut^onal Services
Forest Hills Public Schools
616.493.8800x44348
yww.fhps.net

forest HILLS
-PU*UC«HOOt*-

Attachmsnts:
Tangerine Scrlas.pdf 71k
●.01:22 PM New Zealand DayllgblUri
Friday, March 3,2023 al 3 I
shald@fhps.net Hald, Scott i
: To: shald@fhp3.nat Scott Hald i

■ t

Forwarded message - nfii>

From: Van Antwerp, Kimberly <kvanantw0rp@fhps.nel
Dale: Wed. Sep 14.2022 at 12:54 PM
EXHIBIT 2
 .H
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POREST HtLLS
-'■‘^OLrc SCiJioL.-

Scott Haid
Suporinlo ndant for InttmcOon
l^truction Offica
Slfl-493.8806
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FH
POREST HILLS
“PUBUC SCHOOLS-

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TangorJno SorJes.pdf 7lk

8haJd@fhp8.not Hold, Scoit

To. dbehm@fhps.not Den Bohm Wednesday, March ■22;-20^'3 al 10:19:57 AM New Zoaland Daylight Time
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— Forwarded mossage
From: HaJd, Scott «shald®mp8.nel>-
Date; Thu, Mar 2.2023 a( 9:01 PM .
Subjocf: Fwd: Jump Rope Readers
To: Scott Hald <shald@fhps.nst>

f'

Forwarded message ~—
From: Van Antwerp, Kimberly <kvananfwBn3@lhp8.nat>
Date; Wed. Sep 14,2022 at 12;54 PM
SubJecI; Fwd: Jump Rope Readers
To: Scott Held <shaid@fhps.net>
1
I

t
Looks like this particular series, or book, could need some additional discussion. Can wo chat tomorrow?

I did not gather this level of detail from the summary provided.

— Forwarded message :tv-

i
From- Baragar, Paul <pbaragar@fhps.nat> -.I'r' .i
Date-Wed. Sap 14, 2022 at 12:50 PM .>?●
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rS"S<"^-antW3rp@,hps.ne.>

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2
EXHIBIT 3
 Arc you stilt able to meet?
dlanotrIpl(Qoutlook.cani Diana THpi Wodnoaday. a«|>Iomber21, 2022 al 3:07:10 AM Now Zealand SlandaidTImo
To; kvenAnlworp^fhpo.nat kvQnonlwctpQflips.nul
HIKim-

Just chocking if we ore still on for(he Jump Ropn RuAders cHol.

If not, I can meet onolhor linio if lhal la more convenient for you.

(S43)345’SOS
■ j●
■-i 542iI3 Carnation Or.

Macomb, Ml 48042

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j
kvanantwcrp@fhps.net Van Antwerp,
Kimfaer/y
Wednesday, September 21.2022 al 3:14-.58 AM New Zeatand Standarf
Tlnv
7b; dianetrfpl@autJook.com Diane Trip!

Sony alxjuf that; we are on now If you are still available.

.i
On Tue, Sep 20, 2022 at H.'OZAM Diane Trip! <dianetripi@outlook. com> wrato;
- HI Kim.

JusI checking if we are st/ll on for the Jump Rope Readers chat.

If not, i can meet another time If that is more convenient for you.

.● -
(543)345-1505
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54233 Camat/on Dr.

Macomb, Mf 48042
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br^ Hills Public Schools ■>

16.493.8AOO x44348 ' ——

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7
EXHIBIT 4
 1
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;33 PM Van Antwerp. Kimboriy *
Sep 22,2022 at 6;

I Forwarded message —

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542J3 Carnation Dr.

j Macomb, Ml 480.42

I Kim Van Antwerp

j Diracioronnslmcllona! Services
Forest Hills Public Schools
616.493.8800x44348
I www.fhps.net

FOREST HILLS
-auKicscMooca-

Scott Hafd
Ass/sfan/ Supeiinlandent forlnslnictkm
fnsJrudion Office
616.493.8806
ttww.fhps.net

6
EXHIBIT 5
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Thank you
dlBnatripl@ouHoak.com Oldno *rripl' Tuesday. Soplombor 27.2023 al 6'.1^02 AM Now Zoaland Odyllahinme
Tot kvanantworp@fhpi.not Van Antwerp. Wmborty. shaWQflips.notshaidQinpB.noi
Hallo-

I jual wanted to say thank you tor handUnQ the Jump Rope Readers slluolion wlih otoco Bke you havs.

Iknowltlaoxtremelyfruilrallngfaryou. Asyoucanlmoolno.lhareoopUon ofthesobookahnsahuaospa.cmjmof ●

acceptance across Uia stale. Moot loochere/admfns ora okay with Iho corilent. ^t ore oIbo very
Itioy will be accepted In your community. The laot thing I want to to ohH you producto that create addlllonol tieadoches
and emails for you.

I look forward to working vrito you on your future curriculum purchases.

Have a good wook.

(8^3)345'S05

54233 Csmallon Dr.

t_3=at.

Macomb, Ml 48342

Wednesday, September 28, 2022 el 1 -.OOiOO AM New Zealand

DayflghlTlme
kvanantw8rp@fhpo.net Van Antwerp. Klmborty
To: Pbaragar@fhps.not Baragar, Paul

— Forwarded message
From: Diane Trip! <dlanotripl@ouf^k.com>
Date: Mon. Sep 26, 2022 at 12:12 PM
Subject: Thank you .net>. 6hakl@fhp6.net <shaW@fhp5.nel>
Kimberly <kvanantwerp@fh ps
To: Van Antwerp, r

Hello-..

have.
Jump Ropo Readers situation with grace Wee you
I just wanted to say thank you for handling the

has a huge spodnjm ol ’

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i know it is exlremoly frustrating for you. As you can are
I Know lb uacross j ^
acceptance loachers/admlns

3
EXHIBIT 6
 SiC^v-4-
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Scott Hald

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1 Scott Hald

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