Along with the annual notice, the proposed change in the Virginia Department of Education’s regulations also directs school systems to have clear procedures for providing “non-explicit” material, should any parents request alternatives.

The amendment is nearly identical to the so-called “Beloved” bill vetoed earlier this year by Gov. Terry McAuliffe. In his veto message, McAuliffe indicated that he believed that school boards are best positioned to ensure that students are exposed to appropriate literary and artistic works.

Supporters of the proposal contend that it allows parents to stay informed, while critics argue that it raises First Amendment and transparency concerns.

“The bottom line is that there will be uniformity across the board in terms of having policies in place. The requirement is uniform across the state. But they will have flexibility of what those policies are,” state Secretary of Education Dietra Trent said.

State Sen. Amanda Chase, R-Chesterfield, supported the vetoed “Beloved” bill and now backs the proposed Department of Education amendments.

Recently on her radio show, “Cut to the Chase with Senator Amanda Chase,” she said that the amendments aren’t about banning or burning books but what Chesterfield County, for example, wants to promote.

“In Chesterfield, there are core values of honesty and responsibility, and these books, many of them, are controversial and violate the very principles that we try to espouse,” she said. “If the kids came to school with a T-shirt that had on it printed any of the material that’s in these books, they would be suspended from school. If they spoke it in class to a fellow schoolmate, they would be sent home. It’s so hypocritical and so intolerable, and I congratulate the Virginia Department of Education for, in my opinion, equipping parents to be involved in their kids’ education.”

The American Civil Liberties Union of Virginia and a host of free-speech groups penned a letter to the Board of Education expressing their opposition. The Comic Book Legal Defense Fund, American Booksellers for Free Expression, Association of American Publishers, Authors Guild and PEN America all co-signed the letter.

The term “sexually explicit” is vague and potentially prejudicial, the letter reads. It could be used to describe classic works of literature such as “Romeo and Juliet,” “The Diary of Anne Frank,” “Slaughterhouse-Five” and “Brave New World,” it continues.

The groups argued that such “red-flagging” of books could lead to a “regime of labeling that will leave few books unaffected.” They cited the U.S. Supreme Court ruling in Texas v. Johnson, which prohibits schools from discriminating against “the expression of an idea simply because society finds the idea offensive or disagreeable.”

“Once a book is declared ‘sexually explicit,’ students will lose sight of the book’s other themes,” the letter reads.

The groups also took issue with the way the change has been proposed.

“By burying this regulation deep within a lengthy and scantly publicized document or proposals, DOE officials are preventing voters and local communities from meaningfully considering this controversial issue,” the letter reads.

The debate comes not long after similar ones in Chesterfield and Accomack counties.

Following a controversy sparked by parents’ concerns over some books listed on the school system’s summer reading list, Chesterfield schools Superintendent James Lane said in September that the challenged books would remain on shelves but the criteria for selecting library books would be reviewed. He also said future summer reading lists simply would share lists of nationally recognized books, and schools that assign a particular book for the summer should have an alternative assignment available for students who express concerns.

Accomack County’s school district leaders faced backlash after they followed their protocol and temporarily pulled “To Kill A Mockingbird” and “The Adventures of Huckleberry Finn” from bookshelves after some parents expressed concerns over racial slurs in the classic novels. The district recently formed a committee to re-examine how to handle such complaints.

The Board of Education made its first review of the proposal last month and plans to take it up again Jan. 26. Afterward, it goes to governor, attorney general and the Virginia Department of Planning and Budget for review.