Bill Summary – FastDemocracy

1st Sub. (Buff) H.B. 29                                                   02-09-24 12:43 PM
        (B) for a concurrent enrollment course that contains sensitive material and for which a
 parent receives notice from the course provider of the material before Öº [enrolling] enrollment of
87a the parent's child »Ö and gives the
 parent's consent by enrolling Öº the parent's child »Ö ;
        [(B)] (C) for medical courses;
        [(C)] (D) for family and consumer science courses; or
        [(D)] (E) for another course the state board exempts in state board rule.
        (iii) "Subjective sensitive material" means an instructional material that constitutes
 pornographic or indecent material, as that term is defined in Section 76-10-1235, under the
 following factor-balancing standards:
        (A) material that is harmful to minors under Section 76-10-1201;
        (B) material that is pornographic under Section 76-10-1203; or
        (C) material that includes certain fondling or other erotic touching under Subsection
 76-10-1227(1)(a)(iv).
        (2) (a) Sensitive materials are prohibited in the school setting.
        (b) A public school or an LEA 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.
        (c) In evaluating, selecting, or otherwise considering action related to a given
 instructional material under this section, each public school and each LEA shall prioritize
 protecting children from the harmful effects of illicit pornography over other considerations in
 evaluating instructional material.
        (d) If an instructional material constitutes objective sensitive material:
        (i) a public school or an LEA is not required to engage in a review under a subjective
 sensitive material standard; and
        (ii) the outcome of a subjective sensitive material evaluation has no bearing on the
 non-discretionary objective sensitive material conclusion.
        (3) (a) Except as provided in Subsection (3)(b), the following individuals may initiate a
 sensitive material review under this section:
        (i) an employee of the relevant LEA;
                                                      -4-        Senate Committee Amendments 2-12-2024 lp/mc
        1st Sub. (Buff) H.B. 29                                                    02-09-24 12:43 PM
 material[.];
         (ii) allow student access to the challenged instructional material during the LEA's
 subjective sensitive material review if the student's parent gives consent regarding the specific
 challenged instructional material; and
         (iii) if the LEA makes a determination that the challenged instructional material
 constitutes subjective sensitive material, ensure that the material is inaccessible to students in
 any school setting, including the termination of the parent consent option described in
 Subsection (4)(c)(ii); and
         (d) communicate to the state board the allegation and the LEA's final determination
 regarding the allegation and the challenged instructional material.
         (5) (a) An individual described in Subsection (3)(a) may appeal an LEA's decision
 regarding a sensitive material review, regardless of whether the LEA removed or retained the
 challenged instructional material, to the LEA governing board.
         (b) An LEA governing board shall vote in a public board meeting to decide the
 outcome of a sensitive material review appeal, clearly identifying:
         (i) the board's rationale for the decision; and
         (ii) the board's determination on each component of the statutory and any additional
 policy standards the board uses to reach the board's conclusions.
         (6) An LEA governing board may not enact rules or policies that prevent the LEA
 governing board from:
         (a) revisiting a previous decision;
         (b) reviewing a recommendation of LEA personnel or a parent-related committee
 regarding a challenged instructional material; or
         (c) reconsidering a challenged instructional material if the LEA governing board
 receives additional information regarding the material.
         (7) (a) If the threshold described in Subsection (7)(b) is met, each LEA statewide shall
 remove the material from student access unless the LEA governing board:
         (i) places the given instructional material on an LEA governing board agenda within 60
 days after the day on which the LEA receives a notification from the state board described in
 Subsection (7)(c); and
         (ii) at the specified LEA governing board meeting, votes to Öº [remove or] »Ö retain the
                                                       -6-       Senate Committee Amendments 2-12-2024 lp/mc
Statutes affected: 
Introduced: 53G-10-103
H.B. 29 1st Substitute : 53G-10-103
Amended: 53G-10-103