Utah Admin. Code R277-628-3 - Policy and Accompanying Procedures for School Instructional Material Selection and Reconsideration

(1) On or before September 1, 2024 each LEA shall:

(a) establish a policy and accompanying procedures for the selection and reconsideration of instructional materials selected for a school that:

(i) is consistent with current state law, including Sections 53G-10-103, 53G-4-402 and 53G-5-404;

(ii) does not prevent an LEA from:

(A) revisiting a previous decision;

(B) reviewing a recommendation of LEA personnel or an LEA committee made up of school community parents regarding a challenged instructional material; or

(C) reconsidering a challenged instructional material if the LEA governing board receives additional information regarding the material;

(iii) prioritizes protecting children from the harmful effects of illicit pornography over other considerations in evaluating instructional materials;

(iv) designates two or more LEA employees responsible for making the initial objective sensitive material determination as described in Subsection 53G-10-103(4);

(v) provides a process for designating three or more members including at least one parent and may include the designees from the initial review, for the Objective Sensitive materials review using the objective sensitive material standards;

(vi) clarifies that those responsible for procurement of the materials or the individual who brought the challenge may not serve on the review committee; and

(vii) outlines a process for disposing of removed materials that requires:

(A) the physical removal of the material;

(B) communicating with vendors and publishers regarding the decision; and

(C) that sensitive materials removed from student access shall be legally disposed of and may not be sold or distributed;

(b) ensure each school within the LEA complies with the LEA's policy and accompanying procedures for the selection and reconsideration of instructional materials selected for a school as described in Subsection (1)(a);

(c) ensure the review of subjective instructional materials includes school community parents;

(d) shall provide an online platform for library materials consistent with Section 53G-4-402, and

(e) If an LEA requires an employee of the LEA to participate on a sensitive materials review committee requiring engagement outside of contract hours, the LEA shall compensate the employee for the employee's time participating on the committee.

(2) The Superintendent may provide a guidance document for use by an LEA in developing an LEA's policy and accompanying procedures described in Subsection (1).

Notes

Utah Admin. Code R277-628-3

Adopted by Utah State Bulletin Number 2022-11, effective 5/24/2022 Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024