Sensitive Materials Definitions Procedure

Definitions applicable to this policy are intended to be consistent with relevant state statutes and rules.  In the case of a discrepancy, the Utah Code shall prevail.

A. “Instructional material” means a material, regardless of format, used:

1. as or in place of textbooks to deliver curriculum within the state and district curriculum framework for courses of study by students; or
2. to support a student's learning in any school setting.
3. "Instructional material" includes reading materials, handouts, videos, digital materials, websites, online applications, and live presentations.
4. "Instructional material" includes library materials.

B. "Objective sensitive material" means an instructional material that constitutes pornographic or indecent material, as that term is defined in Section 76-10-1235, under the non-discretionary standards described in Subsection 76-10-1227(1)(a)(i), (ii), or (iii).

C. “Requestor” means an individual who alleges an instructional material constitutes sensitive material and subsequently requests a review of an instructional material.

D. "School setting" means, for a public school:

1. in a classroom;
2. in a school library; or
3. on school property.

E. "School setting" includes the following activities that an organization or individual or organization outside of a school or the district conducts, if the school or district sponsors or requires the activity:

1. an assembly;
2. a guest lecture;
3. a live presentation; or
4. an event.

F. "Sensitive material" means an instructional material that constitutes objective sensitive material or subjective sensitive material.

G. "Sensitive material" does not include an instructional material:

1. approved by the Board in accordance with the CCSD Sex Education Instruction policy;
2. for a concurrent enrollment course that contains sensitive materials for which a parent receives notice and provides consent; or
3. for medical courses; or
4. for family and consumer science courses; or
5. for another course the state board exempts in state board rule.

H. "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:

1. material that is harmful to minors under Section 76-10-1201;
2. material that is pornographic under Section 76-10-1203; or
3. material that includes certain fondling or other erotic touching under Subsection 76-101227(1)(a)(iv).

I. “Unsuccessful review” means a sensitive material review in which a sensitive materials review committee determines the instructional material does not constitute sensitive materials.

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