Representative Ken Ivory proposes the following substitute bill:




Chief Sponsor: Ken Ivory

Senate Sponsor: ____________


8     General Description:
9          This bill amends provisions regarding student access to pornographic or indecent
10     materials within the public education system.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires local education agencies (LEAs) to:
14               •     engage in certain review processes when a parent communicates an allegation
15     that an instructional material is prohibited by state law; and
16               •     publicly vote on and explain a determination to reinstate or preserve student
17     access to challenged instructional material;
18          ▸     establishes the precedential effect of LEA and state board determinations;
19          ▸     requires the State Board of Education (state board) to:
20               •     review LEA determinations regarding certain sensitive material; and
21               •     make rules, including to establish an age-appropriateness rating system for
22     instructional materials;
23          ▸     amends a state board reporting requirement; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          53G-10-103, as enacted by Laws of Utah 2022, Chapter 377

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53G-10-103 is amended to read:
35          53G-10-103. Sensitive instructional materials.
36          (1) As used in this section:
37          (a) (i) "Instructional material" means a material, regardless of format, used:
38          (A) as or in place of textbooks to deliver curriculum within the state curriculum
39     framework for courses of study by students; or
40          (B) to support a student's learning in [the] any school setting.
41          (ii) "Instructional material" includes reading materials, handouts, videos, digital
42     materials, websites, online applications, and live presentations.
43          (b) "LEA governing board" means:
44          (i) for a school district, the local school board;
45          (ii) for a charter school, the charter school governing board; or
46          (iii) for the Utah Schools for the Deaf and the Blind, the state board.
47          (c) "Material" means the same as that term is defined in Section 76-10-1201.
48          (d) "Minor" means any person less than 18 years old.
49          (e) "Public school" means:
50          (i) a district school;
51          (ii) a charter school; or
52          (iii) the Utah Schools for the Deaf and the Blind.
53          (f) (i) "School setting" means, for a public school:
54          (A) in a classroom;
55          (B) in a school library; or
56          (C) on school property.

57          (ii) "School setting" includes the following activities that an organization or individual
58     or organization outside of a public school conducts, if a public school or an LEA sponsors or
59     requires the activity:
60          (A) an assembly;
61          (B) a guest lecture;
62          (C) a live presentation; or
63          (D) an event.
64          (g) (i) "Sensitive material" means an instructional material that is educationally
65     unsuitable because it is pornographic or indecent material as that term is defined in Section
66     76-10-1235, and is therefore deemed pervasively vulgar.
67          (ii) "Sensitive material" does not include an instructional material:
68          (A) that an LEA selects under Section 53G-10-402;
69          (B) for a concurrent enrollment course that contains sensitive material and for which a
70     parent receives notice from the course provider of the material and gives the parent's consent;
71          [(B)] (C) for medical courses;
72          [(C)] (D) for family and consumer science courses; or
73          [(D)] (E) for another course the state board exempts in state board rule.
74          (2) (a) Sensitive materials are prohibited in the school setting.
75          (b) A public school may not:
76          (i) adopt, use, distribute, provide a student access to, or maintain in the school setting,
77     sensitive materials; or
78          (ii) permit a speaker or presenter in the school setting to display or distribute sensitive
79     materials.
80          (3) An LEA shall:
81          (a) upon receipt of a notice from a teacher, LEA employee, student who is enrolled in
82     the LEA, or a parent of a school-age child who resides within the boundaries of the LEA that
83     an instructional material constitutes sensitive material:
84          (i) for a challenge under this section using the standards described in Subsection
85     76-10-1227(2)(c), immediately remove the material from the library, classroom, or other
86     location where students may access the material until the LEA completes the LEA's review;
87          (ii) review the allegations and the relevant material;

88          (iii) (A) if the LEA determines that the material does not constitute sensitive material
89     under Subsection 76-10-1227(2)(c) and seeks to preserve student access to the material, make a
90     written and publicly accessible determination, in accordance with a public vote of the local
91     governing board, regarding the LEA's determination, including the LEA's reasoning and an
92     explanation of why the material does not violate Subsection 76-10-1227(2)(c), is age
93     appropriate, and has serious scientific, artistic, or literary value; and
94          (B) if the LEA determines that the material constitutes sensitive material using the
95     standards described in Subsection 76-10-1227(2)(c), refer the material to the state board for
96     review under Subsection (4), including each excerpt that the LEA determines violated
97     Subsection 76-10-1227(2)(c) with the reference to or location of the excerpt; and
98          (iv) notify the individual who challenged the material regarding the outcome of the
99     review, including any referral to the state board in accordance with this section;
100          (b) except for a challenge under this section using the standards described in
101     Subsection 76-10-1227(2)(c), include parents who are reflective of the members of the school's
102     community when [determining if an instructional material is sensitive material.] making the
103     determinations described in Subsection (3)(a); and
104          (c) refer to the state board any material for which the LEA has a documented record of
105     having removed the material using the standards described in Subsection 76-10-1227(2)(c).
106          (4) (a) No later than 75 days after the day on which the state board receives an LEA's
107     determination that an instructional material constitutes sensitive material under this section
108     using the standards described in Subsection 76-10-1227(2)(c), the state board shall:
109          (i) review the LEA's determination; and
110          (ii) (A) if the state board ratifies the LEA's determination, notify all LEAs to remove
111     the sensitive material from student access; or
112          (B) if the state board does not ratify the LEA's determination, make a written and
113     publicly accessible determination, in accordance with a public vote of the state board, as to
114     why the material does not constitute sensitive material under this section, including the state
115     board's reasoning.
116          (b) Notwithstanding the state board having not ratified an LEA's determination under
117     Subsection 76-10-1227(2)(c), the LEA's determination that the material constitutes sensitive
118     material under Section 76-10-1235 shall remain unaffected by the state board's determination.

119          (5) Notwithstanding Subsection (3), an LEA may choose to not engage in a review of
120     an instructional material against which the same individual has triggered three reviews under
121     Subsection (3) during the present school year for material that the LEA determined, through the
122     review process, to not constitute sensitive material.
123          (6) (a) Before the 2024-2025 school year, each LEA shall ensure that before a student
124     within the LEA has any library, classroom, or other access to any instructional material that
125     does not conform to the state board's rating standard described in Subsection (7)(b)(i), the
126     LEA:
127          (i) provides prior written notice to the parent of each student who may have access to
128     the material regarding the student's potential access to the material; and
129          (ii) has express written consent from the parent of any student who may have access to
130     the material.
131          [(4)] (7) The state board shall:
132          (a) in consultation with the Office of the Attorney General, provide guidance and
133     training to support public schools in identifying instructional materials that meet the definition
134     of sensitive materials under this section; [and]
135          (b) before the 2024-2025 school year, make rules in accordance with Title 63G,
136     Chapter 3, Utah Administrative Rulemaking Act:
137          (i) to review and adopt a rating system for age-appropriate instructional materials that
138     includes at least language, criminal activity, self-harm, drug use, suicidal ideation, and sexual
139     content, including sexuality and gender identity;
140          (ii) regarding the acquisition of instructional material by LEAs and schools in
141     accordance with the rating system described in Subsection (7)(b)(i); and
142          [(b)] (c) report to the Education Interim Committee and the Government Operations
143     Interim Committee, at or before the November [2022] interim meeting each year, on
144     implementation and compliance with this section, including:
145          (i) any policy the state board or an LEA adopts to implement or comply with this
146     section;
147          (ii) any rule the state board makes to implement or comply with this section; and
148          (iii) any complaints an LEA or the state board receives regarding a violation of this
149     section, including:

150          (A) action taken in response to a complaint described in this Subsection [(4)(b)(iii)]
151     (7)(c)(iii); and
152          (B) if an LEA retains an instructional material for which the LEA or the state board
153     receives a complaint, the LEA's rationale for retaining the instructional material.
154          Section 2. Effective date.
155          This bill takes effect on July 1, 2023.