Wake schools will keep using e-book app that might violate Parents’ Bill of Rights

The Wake County school system is sticking with a popular library app despite concerns from some North Carolina school officials that it could violate the Parents’ Bill of Rights.

This week, Charlotte-Mecklenburg Schools ended the use of the Epic book app because of concerns readers can access books that violate new state limits on instruction on gender identity and sexuality in elementary schools.

But the Wake school system said it is not planning to discontinue use of the app, which allows students to pick from more than 40,000 books.

“Epic! is a repository of digital books available online to students, families, and educators in all of our schools,” Wake said in a statement. “WCPSS considers the Epic! collection to function similarly to that of a school’s library collection in that it allows for self-selected reading options and student choice.”

The different ways that North Carolina’s two largest school districts are handling the Epic app reflect the challenges schools are facing over the culture wars raging across the nation.

Last week, the Wake school board split over allowing schools to apply for grants from We Need Diverse Books. The group provides money for teachers “to purchase books featuring diverse characters or written by diverse authors.”

The board also split over allowing teachers to seek grants from a group that “seeks to support secondary school-based projects that empower LGBTQ youth.” In the end, the board approved both grants.

CMS discontinues use of Epic

In August, Republican lawmakers overrode the veto of Democratic Gov. Roy Cooper to pass the Parents’ Bill of Rights.

The law, officially Senate Bill 49, prohibits instruction of gender identity, sexual activity or sexuality in kindergarten through fourth-grade classrooms. Another provision requires schools to notify parents if their child wants to change their name or pronouns in school.

”Districts are expected to ensure that curriculum and instructional resources, including supplemental materials, for Kindergarten through fourth grade students do not teach on gender identity, sexual activity, or sexuality. EPIC is considered a supplemental resource, and CMS recently learned that there were books on this digital platform that were in violation of this law,” CMS Deputy Superintendent Melissa Balknight said in an email to The Charlotte Observer.

“Since EPIC does not allow CMS to manage and monitor access to books on this platform, a decision was made to remove access to this digital platform during the instructional day to adhere to Senate Bill 49.”

CMS ended use of Epic on Monday. The district is shifting schools to a different e-book app, Sora, that critics of the change say could lead to more limited options for students.

Epic is currently used in over 80% of U.S. elementary schools. CMS said Epic primarily was used by students in kindergarten through second grade during independent reading time.

Wake students pick their own books on app

Wake County said Epic book tiles are not primarily used for instruction. Any books that teachers select from Epic for instructional purposes “must adhere to Board Policy 3200 and relevant state legislation.”

Wake school officials have repeatedly said that instruction on gender identity, sexuality or sexual activity is not part of the district’s K-4 curriculum..

But Wake lets students pick books from Epic to independently read. Wake has not interpreted the new state law’s wording about supplementary material as applying to school library books.

Conservative parents and groups have filed criminal complaints and book challenges against materials they say are too explicit to be in Wake County school libraries.

Wake’s neighbor, Johnston County, applies the Parents’ Bill of Rights to materials in school libraries. Johnston County doesn’t use Epic, according to a district spokesperson.

Epic app under fire nationally

CMS is far from the first school district to ditch the Epic app in recent years. School districts in Florida, Texas and Tennessee have done away with the app due to complaints from parents about content their children could access. The complaints largely centered upon access to materials with LGBTQ themes and social justice, the Nashville Tennesseean reported.

Critics of the Parents’ Bill of Rights say it does not prohibit the use of the platform.

“We do not see a legal argument there. There is a provision that prohibits instruction on gender identity and sexuality in kindergarten through fourth grade, but instruction does not mean access,” said Craig White, supportive schools director at LGBTQ rights organization Campaign for Southern Equality. “It’s a significant over-interpretation of SB49 to deny students access to books, rather than changing what’s in the curriculum from the front of the classroom.”

In January, the Campaign for Southern Equality filed a federal Title IX civil rights complaint accusing the new law of creating a hostile environment for LGBTQ students.

White says e-book platforms have become indispensable to both students and teachers in recent years, especially during the pandemic.

“Both the state and local districts have been slashing funding for buying books in print, so more and more, English language arts teachers and media specialists have been turning to digital libraries instead, where there is a lot more access to a lot more titles for much less cost,” White said.

NC Reality Check is an N&O series holding those in power accountable and shining a light on public issues that affect the Triangle or North Carolina. Have a suggestion for a future story? Email realitycheck@newsobserver.com