Section 103 – Sensitive instructional materials.

• (1) As used in this section:
  • (a)
    • (i) “Instructional material” means a material, regardless of format, used:
      • (A) as or in place of textbooks to deliver curriculum within the state curriculum framework for courses of study by students; or
      • (B) to support a student’s learning in the school setting.
    • (ii) “Instructional material” includes reading materials, handouts, videos, digital materials, websites, online applications, and live presentations.
  • (b) “LEA governing board” means:
    • (i) for a school district, the local school board;
    • (ii) for a charter school, the charter school governing board; or
    • (iii) for the Utah Schools for the Deaf and the Blind, the state board.
  • (c) “Material” means the same as that term is defined in Section 76-10-1201.
  • (d) “Minor” means any person less than 18 years old.
  • (e) “Public school” means:
    • (i) a district school;
    • (ii) a charter school; or
    • (iii) the Utah Schools for the Deaf and the Blind.
  • (f)
    • (i) “School setting” means, for a public school:
      • (A) in a classroom;
      • (B) in a school library; or
      • (C) on school property.
    • (ii) “School setting” includes the following activities that an organization or individual or organization outside of a public school conducts, if a public school or an LEA sponsors or requires the activity:
      • (A) an assembly;
      • (B) a guest lecture;
      • (C) a live presentation; or
      • (D) an event.
  • (g)
    • (i) “Sensitive material” means an instructional material that is pornographic or indecent material as that term is defined in Section 76-10-1235.
    • (ii) “Sensitive material” does not include an instructional material:
      • (A) that an LEA selects under Section 53G-10-402;
      • (B) for medical courses;
      • (C) for family and consumer science courses; or
      • (D) for another course the state board exempts in state board rule.

• (2)
  • (a) Sensitive materials are prohibited in the school setting.
  • (b) A public school may not:
    • (i) adopt, use, distribute, provide a student access to, or maintain in the school setting, sensitive materials; or
    • (ii) permit a speaker or presenter in the school setting to display or distribute sensitive materials.

• (3) An LEA shall include parents who are reflective of the members of the school’s community when determining if an instructional material is sensitive material.

• (4) The state board shall:
  • (a) in consultation with the Office of the Attorney General, provide guidance and training to support public schools in identifying instructional materials that meet the definition of sensitive materials under this section; and
  • (b) report to the Education Interim Committee and the Government Operations Interim Committee, at or before the November 2022 interim meeting, on implementation and compliance with this section, including:
    • (i) any policy the state board or an LEA adopts to implement or comply with this section;
    • (ii) any rule the state board makes to implement or comply with this section; and
    • (iii) any complaints an LEA or the state board receives regarding a violation of this section, including:
      • (A) action taken in response to a complaint described in this Subsection (4)(b)(iii); and
      • (B) if an LEA retains an instructional material for which the LEA or the state board receives a complaint, the LEA’s rationale for retaining the instructional material.

Enacted by Chapter 377, 2022 General Session