Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 138 Sixth Substitute (2023GS)

Sponsor

Rep. Ballard, M.G.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires provisions in a contract between the State Board of Education (state board) or a local education agency (LEA) and a vendor in a contract for digital instructional material that:
• requires notice of changes to the digital instructional material; and
• allows the relevant state board or LEA to reject the changes or terminate the contract in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DIGITAL SCHOOL CURRICULUM REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
 Lincoln Fillmore
LONG TITLE
General Description:
This bill requires certain provisions in a contract between a state and local education
agencies and a vendor in a contract for digital instructional material.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires provisions in a contract between the State Board of Education (state board)
or a local education agency (LEA) and a vendor in a contract for digital instructional
material that:
• requires notice of changes to the digital instructional material; and
• allows the relevant state board or LEA to reject the changes or terminate the
contract in certain circumstances; 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:
AMENDS:
53G-10-102
, as enacted by Laws of Utah 2018, Chapter 3
53G-10-103
, as enacted by Laws of Utah 2022, Chapter 377
ENACTS:
53G-10-104
, Utah Code Annotated 1953
REPEALS:
53G-10-101
, as enacted by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-10-102
 is amended to read:
53G-10-102.
Definitions.
[
Reserved
] 
As used in this chapter:
(1) "Instructional material" means the same as that term is defined in Section
53E-4-401
.
(2) "Public school" means:
(a) a district school;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(3) (a) "School setting" means, for a public school:
(i) in a classroom;
(ii) in a school library; or
(iii) on school property.
(b) "School setting" includes the following activities that an organization or individual
conducts outside of a public school, if a public school or an LEA sponsors or requires the
activity:
(i) an assembly;
(ii) a guest lecture;
(iii) a live presentation; or
(iv) an event.
Section 2. Section 
53G-10-103
 is amended 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)
] 
(a)
 "Material" means the same as that term is defined in Section 
76-10-1201
.
[
(d)
] 
(b)
 "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)
] 
(c)
 (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.
Section 3. Section 
53G-10-104
 is enacted to read:
 53G-10-104.
Contract requirements for digital instructional material.
(1) As used in this section:
(a) "Digital instructional material" means any instructional material that is digital,
including instructional software programs, online or local applications, websites, and other
electronic material.
(b) "Vendor" means an entity with which the state board or an LEA contracts to
provide digital instructional material to students.
(2) Neither the state board nor an LEA may enter into a contract with a vendor for
digital instructional materials unless the contract includes provisions that:
(a) require the vendor to notify the relevant state board or LEA governing board of any
update, modification, or addition to the digital instructional material;
(b) ensure that the relevant state board or LEA governing board has a sufficient period
of time to review the new version of the digital instructional material that is the subject of the
notice described in Subsection (2)(a); and
(c) if the relevant state board or LEA governing board determines that the new version
of the digital instructional material that is the subject of the notice described in Subsection
(2)(a) contains sensitive material, as that term is defined in Section 
53G-10-103
, allow the LEA
to:
(i) reject the update, modification, or addition to the digital instructional material,
requiring the vendor to provide the digital instructional material in the original form for which
the parties contracted; or
(ii) terminate the contract without any penalty related to the termination or any further
financial obligation.
(3) (a) Except as provided in Subsection (3)(b), this section does not apply to contracts
in effect on July 1, 2023.
(b) Neither the state board nor an LEA may modify an existing contract, including a
renewal or extension, unless the relevant state board or LEA complies with Subsection (2).
Section 4. 
Repealer.
This bill repeals:
Section 
53G-10-101
,
Title.
Section 5. 
Effective date.
This bill takes effect on July 1, 2023.