Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 417
Approved for Filing: M. Curtis 6                                   st
                                                                         1 Sub. (Buff)
          6 02-06-24 2:35 PM 6
                         Representative Ken Ivory proposes the following substitute bill:
                           SCHOOL MATERIALS AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                                     Chief Sponsor: Ken Ivory
                                  Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill concerns school meetings.
 Highlighted Provisions:
        This bill:
        < prohibits an LEA governing board from prohibiting the public display or recitation
 of certain material in a meeting of the board if the material is available to student
 access within the LEA; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:                                                                  1 stSub. H.B. 417
 AMENDS:
        53G-10-103, as enacted by Laws of Utah 2022, Chapter 377
23
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53G-10-103 is amended to read:
     *HB0417S01*
       1st Sub. (Buff) H.B. 417                                                   02-06-24 2:35 PM
         53G-10-103. 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.
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       02-06-24 2:35 PM                                                      1st Sub. (Buff) H.B. 417
        (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.
        (5) An LEA governing board may not prohibit or restrict the public display of an image
 or the public recitation of text in a public meeting of the board if the image or text is an excerpt
 from instructional material that is available to student access in a school setting within the
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      1st Sub. (Buff) H.B. 417                              02-06-24 2:35 PM
 LEA.
        Section 2. Effective date.
        This bill takes effect on July 1, 2024.
                                                      -4-
Statutes affected: 
Introduced: 53G-10-103, 63G-7-301, 76-10-1228, 76-10-1235
H.B. 417 1st Substitute (Not Adopted) Text: 53G-10-103