Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 374 Fifth Substitute (2022GS)

Sponsor

Rep. Ivory, K.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines certain instructional materials as sensitive materials;
• prohibits sensitive materials in a public school;
• requires the State Board of Education (state board) to, in consultation with the Office of the Attorney General, provide guidance and training to public schools on identifying sensitive materials;
• requires a local education agency to include parents who are reflective of a school's community when determining whether an instructional material is sensitive material;
• requires the state board to report to the Education Interim Committee and the Government Operations Interim Committee on:
• implementation and compliance with certain provisions; and
• complaints a local education agency or the state board receives regarding a violation of provisions in this bill;
• defines terms; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SENSITIVE MATERIALS IN SCHOOLS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
Todd D. Weiler
Cosponsors:
Adam Robertson
Travis M. Seegmiller
Rex P. Shipp
Keven J. Stratton
LONG TITLE
General Description:
This bill prohibits certain sensitive instructional materials in public schools.
Highlighted Provisions:
This bill:
▸ defines certain instructional materials as sensitive materials;
▸ prohibits sensitive materials in a public school;
▸ requires the State Board of Education (state board) to, in consultation with the
Office of the Attorney General, provide guidance and training to public schools on
identifying sensitive materials;
▸ requires a local education agency to include parents who are reflective of a school's
community when determining whether an instructional material is sensitive
material;
▸ requires the state board to report to the Education Interim Committee and the
Government Operations Interim Committee on:
• implementation and compliance with certain provisions; and
• complaints a local education agency or the state board receives regarding a
violation of provisions in this bill;
▸ defines terms; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-4-202
, as last amended by Laws of Utah 2021, Chapters 84 and 345
53E-4-403
, as last amended by Laws of Utah 2019, Chapter 186
ENACTS:
53G-10-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-4-202
 is amended to read:
53E-4-202.
Core standards for Utah public schools.
(1) (a) In establishing minimum standards related to curriculum and instruction
requirements under Section 
53E-3-501
, the state board shall, in consultation with local school
boards, school superintendents, teachers, employers, and parents implement core standards for
Utah public schools that will enable students to, among other objectives:
(i) communicate effectively, both verbally and through written communication;
(ii) apply mathematics; and
(iii) access, analyze, and apply information.
(b) Except as provided in this public education code, the state board may recommend
but may not require a local school board or charter school governing board to use:
(i) a particular curriculum or instructional material; or
(ii) a model curriculum or instructional material.
(2) The state board shall, in establishing the core standards for Utah public schools:
(a) identify the basic knowledge, skills, and competencies each student is expected to
acquire or master as the student advances through the public education system; and
(b) align with each other the core standards for Utah public schools and the
assessments described in Section 
53E-4-303
.
(3) The basic knowledge, skills, and competencies identified pursuant to Subsection
(2)(a) shall increase in depth and complexity from year to year and focus on consistent and
continual progress within and between grade levels and courses in the basic academic areas of:
(a) English, including explicit phonics, spelling, grammar, reading, writing,
vocabulary, speech, and listening; and
(b) mathematics, including basic computational skills.
(4) Before adopting core standards for Utah public schools, the state board shall:
(a) publicize draft core standards for Utah public schools on the state board's website
and the Utah Public Notice website created under Section 
63A-16-601
;
(b) invite public comment on the draft core standards for Utah public schools for a
period of not less than 90 days; and
(c) conduct three public hearings that are held in different regions of the state on the
draft core standards for Utah public schools.
(5) LEA governing boards shall design their school programs, that are supported by
generally accepted scientific standards of evidence, to focus on the core standards for Utah
public schools with the expectation that each program will enhance or help achieve mastery of
the core standards for Utah public schools.
(6) Except as provided in [
Section
] 
Sections 
53G-10-103
 and
53G-10-402
, each school
may select instructional materials and methods of teaching, that are supported by generally
accepted scientific standards of evidence, that the school considers most appropriate to meet
the core standards for Utah public schools.
(7) The state may exit any agreement, contract, memorandum of understanding, or
consortium that cedes control of the core standards for Utah public schools to any other entity,
including a federal agency or consortium, for any reason, including:
(a) the cost of developing or implementing the core standards for Utah public schools;
(b) the proposed core standards for Utah public schools are inconsistent with
community values; or
(c) the agreement, contract, memorandum of understanding, or consortium:
(i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
(ii) conflicts with Utah law;
(iii) requires Utah student data to be included in a national or multi-state database;
(iv) requires records of teacher performance to be included in a national or multi-state
database; or
(v) imposes curriculum, assessment, or data tracking requirements on home school or
private school students.
(8) The state board shall submit a report in accordance with Section 
53E-1-203
 on the
development and implementation of the core standards for Utah public schools, including the
time line established for the review of the core standards for Utah public schools by a standards
review committee and the recommendations of a standards review committee established under
Section 
53E-4-203
.
Section 2. Section 
53E-4-403
 is amended to read:
53E-4-403.
Commission's evaluation of instructional materials --
Recommendation by the state board.
(1) Semi-annually after reviewing the evaluations of the commission, the state board
shall recommend instructional materials for use in the public schools.
(2) The standard period of time instructional materials shall remain on the list of
recommended instructional materials shall be five years.
(3) Unsatisfactory instructional materials may be removed from the list of
recommended instructional materials at any time within the period applicable to the
instructional materials.
(4) Except as provided in [
Section
] 
Sections 
53G-10-103
 and
53G-10-402
, each school
shall have discretion to select instructional materials for use by the school. A school may
select:
(a) instructional materials recommended by the state board as provided in this section;
or
(b) other instructional materials the school considers appropriate to teach the core
standards for Utah public schools.
Section 3. Section 
53G-10-103
 is enacted to read:
 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
.
(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.