03-03 14:09 2nd Sub. (Gray) H.B. 473
Nicholeen P. Peck proposes the following substitute bill:
1
School Digital Materials Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nicholeen P. Peck
Senate Sponsor: Keven J. Stratton
2
3
LONG TITLE
4
General Description:
5
This bill amends and enacts provisions regarding the accessibility of sensitive material
6
through digital instructional material in a school setting.
7
Highlighted Provisions:
8
This bill:
9
▸ defines terms;
10
▸ includes information regarding sensitive material in the information the state board
11
provides through a certain parent portal;
12
▸ requires each local education agency (LEA) to:
13
● provide certain information to parents at the time of student registration each year; and
14
● maintain a section on the homepage of the LEA's website regarding sensitive material
15
reporting;
16
▸ allows the state board, an LEA, or the Utah Education and Telehealth Network (UETN)
17
to rescind certain contracts if a vendor does not remove access to digital sensitive
18
material after a number of instances;
19
▸ requires the state board, an LEA, or UETN to:
20
● remove access to digital instructional material that a vendor provides after a certain
21
threshold of violations;
22
● provide certain notice to each vendor with which the entity contracts to provide digital
23
instructional material in a school setting; and
24
● ensure that any database or school-provided device which a student may access uses a
25
filter or other software to prohibit access to sensitive material; and
26
▸ makes technical and conforming changes.
27
Money Appropriated in this Bill:
28
None
2nd Sub. H.B. 473 2nd Sub. (Gray) H.B. 473 03-03 14:09
29
Other Special Clauses:
30
This bill provides a special effective date.
31
Utah Code Sections Affected:
32
AMENDS:
33
53G-6-806, as last amended by Laws of Utah 2024, Chapter 21
34
53G-10-103, as last amended by Laws of Utah 2024, Chapter 318
35
36
Be it enacted by the Legislature of the state of Utah:
37
Section 1. Section 53G-6-806 is amended to read:
38
53G-6-806 . Parent portal.
39
(1) As used in this section:
40
(a) "Parent portal" means the posting the state board is required to provide under this
41
section.
42
(b) "School" means a public elementary or secondary school, including a charter school.
43
(2)(a) The state board shall post information that allows a parent of a student enrolled in
44
a school to:
45
(i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
46
(ii) be informed of resources and steps to follow when a student has been the subject,
47
perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or
48
abusive conduct such as:
49
(A) resources for the student, including short-term mental health services;
50
(B) options for the student to make changes to the student's educational
51
environment;
52
(C) options for alternative school enrollment;
53
(D) options for differentiated start or stop times;
54
(E) options for differentiated exit and entrance locations; and
55
(F) the designated employee for an LEA who addresses incidents of bullying,
56
cyber-bullying, hazing, retaliation, and abusive conduct;
57
(iii) be informed of the steps and resources for filing a grievance with a school or
58
LEA regarding bullying, cyber-bullying, hazing, or retaliation;
59
(iv) be informed of the steps and resources for seeking accommodations under the
60
Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq;
61
(v) be informed of the steps and resources for seeking accommodations under state or
62
federal law regarding religious accommodations;
- 2 - 03-03 14:09 2nd Sub. (Gray) H.B. 473
63
(vi) receive information regarding the reporting of sensitive material, as described in
64
Section 53G-10-103;
65
[(vi)] (vii) be informed of the steps and resources for filing a grievance for an alleged
66
violation of state or federal law, including:
67
(A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
68
(B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
69
(C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
70
(D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
71
12131-12165;
72
[(vii)] (viii) receive information about constitutional rights and freedoms afforded to
73
families in public education;
74
[(viii)] (ix) be informed of how to access an internal audit hotline if established by the
75
state board; and
76
[(ix)] (x) be informed of services for military families.
77
(b) In addition to the information required under Subsection (2)(a), the state board:
78
(i) shall include in the parent portal:
79
(A) the comparison tool created under Section 53G-6-805;
80
(B) school level safety data, including data points described in Section 53E-3-516;
81
and
82
(C) a link to the public safety portal described in Section 63A-16-1002; and
83
(ii) may include in the parent portal other information that the state board determines
84
is helpful to parents.
85
(3)(a) The state board shall post the parent portal at a location that is easily located by a
86
parent.
87
(b) The state board shall update the parent portal at least annually.
88
(c) In accordance with state and federal law, the state board may collaborate with a
89
third-party to provide safety data visualization in comparison to other states' data.
90
(4) An LEA shall annually notify each of the following of how to access the parent portal:
91
(a) a parent of a student; and
92
(b) a teacher, principal, or other professional staff within the LEA.
93
Section 2. Section 53G-10-103 is amended to read:
94
53G-10-103 . Sensitive instructional materials.
95
(1) As used in this section:
96
(a) "Contracting entity" means the LEA governing board, state board, or UETN that
- 3 - 2nd Sub. (Gray) H.B. 473 03-03 14:09
97
contracts with a vendor for a given digital instructional material, including a digital
98
database.
99
[(a)] (b)(i) "Instructional material" means a material, regardless of format, used:
100
(A) as or in place of textbooks to deliver curriculum within the state curriculum
101
framework for courses of study by students; or
102
(B) to support a student's learning in any school setting.
103
(ii) "Instructional material" includes reading materials, handouts, videos, digital
104
materials, websites, online applications, and live presentations.
105
(iii) "Instructional material" does not mean exclusively library materials.
106
[(b)] (c) "LEA governing board" means[:] the same as that term is defined in Section
107
53E-1-102.
108
[(i) for a school district, the local school board;]
109
[(ii) for a charter school, the charter school governing board; or]
110
[(iii) for the Utah Schools for the Deaf and the Blind, the state board.]
111
[(c)] (d) "Material" means the same as that term is defined in Section 76-10-1201.
112
[(d)] (e) "Minor" means any person less than 18 years old.
113
[(e)] (f) "Objective sensitive material" means an instructional material that constitutes
114
pornographic or indecent material, as that term is defined in Section 76-10-1235,
115
under the non-discretionary standards described in Subsection 76-10-1227(1)(a)(i),
116
(ii), or (iii).
117
[(f)] (g) "Public school" means:
118
(i) a district school;
119
(ii) a charter school; or
120
(iii) the Utah Schools for the Deaf and the Blind.
121
[(g)] (h)(i) "School setting" means, for a public school:
122
(A) in a classroom;
123
(B) in a school library; or
124
(C) on school property.
125
(ii) "School setting" includes the following activities that an organization or
126
individual or organization outside of a public school conducts, if a public school
127
or an LEA sponsors or requires the activity:
128
(A) an assembly;
129
(B) a guest lecture;
130
(C) a live presentation; or
- 4 - 03-03 14:09 2nd Sub. (Gray) H.B. 473
131
(D) an event.
132
[(h)] (i)(i) "Sensitive material" means an instructional material that constitutes
133
objective sensitive material or subjective sensitive material.
134
(ii) "Sensitive material" does not include an instructional material:
135
(A) that an LEA selects under Section 53G-10-402;
136
(B) for a concurrent enrollment course that contains sensitive material and for
137
which a parent receives notice from the course provider of the material before
138
enrollment of the parent's child and gives the parent's consent by enrolling the
139
parent's child;
140
(C) for medical courses;
141
(D) for family and consumer science courses; or
142
(E) for another course the state board exempts in state board rule.
143
(iii) "Subjective sensitive material" means an instructional material that constitutes
144
pornographic or indecent material, as that term is defined in Section 76-10-1235,
145
under the following factor-balancing standards:
146
(A) material that is harmful to minors under Section 76-10-1201;
147
(B) material that is pornographic under Section 76-10-1203; or
148
(C) material that includes certain fondling or other erotic touching under
149
Subsection 76-10-1227(1)(a)(iv).
150
(j) "UETN" means the Utah Education and Telehealth Network, created in Section
151
53B-17-105.
152
(k)(i) "Vendor" means an entity that provides digital instructional material to students
153
in a school setting:
154
(A) under a contract with a contracting entity; or
155
(B) through donating the digital instructional material.
156
(ii) "Vendor" does not include an internet service provider, as that term is defined in
157
Section 76-10-1230.
158
(2)(a) Sensitive materials are prohibited in the school setting.
159
(b) A public school or an LEA may not:
160
(i) adopt, use, distribute, provide a student access to, or maintain in the school setting,
161
sensitive materials; or
162
(ii) permit a speaker or presenter in the school setting to display or distribute
163
sensitive materials.
164
(c) In evaluating, selecting, or otherwise considering action related to a given
- 5 - 2nd Sub. (Gray) H.B. 473 03-03 14:09
165
instructional material under this section, each public school and each LEA shall
166
prioritize protecting children from the harmful effects of illicit pornography over
167
other considerations in evaluating instructional material.
168
(d) If an instructional material constitutes objective sensitive material:
169
(i) a public school or an LEA is not required to engage in a review under a subjective
170
sensitive material standard; and
171
(ii) the outcome of a subjective sensitive material evaluation has no bearing on the
172
non-discretionary objective sensitive material conclusion.
173
(3)(a) Except as provided in Subsection (3)(b), the following individuals may initiate a
174
sensitive material review under this section:
175
(i) an employee of the relevant LEA;
176
(ii) a student who is enrolled in the relevant LEA;
177
(iii) a parent of a child who is enrolled in the relevant LEA; or
178
(iv) a member of the relevant LEA governing board.
179
(b)(i) As used in this Subsection (3)(b), "unsuccessful challenge" means an allegation
180
that a given instructional material constitutes sensitive material that the LEA
181
concludes to be erroneous, either on direct review or on appeal to the LEA
182
governing board, resulting in the retention of the given instructional material.
183
(ii) Notwithstanding Subsection (3)(a), after an individual makes three unsuccessful
184
challenges during a given academic year, the individual may not trigger a
185
sensitive material review under this section during the remainder of the given
186
academic year.
187
(4) Upon receipt of an allegation from an individual described in Subsection (3)(a), an LEA
188
shall:
189
(a)(i) make an initial determination as to whether the allegation presents a plausible
190
claim that the challenged instructional material constitutes sensitive material,
191
including whether the allegation includes excerpts and other evidence to support
192
the allegation; and
193
(ii) if the LEA determines that the allegation presents a plausible claim that the
194
challenged instructional material constitutes sensitive material under Subsection
195
(4)(a)(i), immediately remove the challenged material from any school setting that
196
provides student access to the challenged material until the LEA completes the
197
LEA's full review of the challenged material under this section;
198
(b)(i) engage in a review of the allegations and the challenged instructional material
- 6 - 03-03 14:09 2nd Sub. (Gray) H.B. 473
199
using the objective sensitive material standards; and
200
(ii) if the LEA makes a determination that the challenged instructional material
201
constitutes objective sensitive material, ensure that the material remains
202
inaccessible to students in any school setting;
203
(c) only if the LEA makes a determination that the challenged instructional material
204
does not constitute objective sensitive material:
205
(i) review the allegations and the challenged instructional material under the
206
subjective material standards, ensuring that the review includes parents who are
207
reflective of the members of the school's community when determining if an
208
instructional material is subjective sensitive material;
209
(ii) allow student access to the challenged instructional material during the LEA's
210
subjective sensitive material review if the student's parent gives consent regarding
211
the specific challenged instructional material; and
212
(iii) if the LEA makes a determination that the challenged instructional material
213
constitutes subjective sensitive material, ensure that the material is inaccessible to
214
students in any school setting, including the termination of the parent consent
215
option described in Subsection (4)(c)(ii); and
216
(d) communicate to the state board:
217
(i) the allegation[ and ] ;
218
(ii) the LEA's final determination regarding the allegation and the challenged
219
instructional material[.] ; and
220
(iii) if the challenged instructional material is digital material, the vendor providing
221
access to the digital material.
222
(5)(a) An individual described in Subsection (3)(a) may appeal an LEA's decision
223
regarding a sensitive material review, regardless of whether the LEA removed or
224
retained the challenged instructional material, to the LEA governing board.
225
(b) An LEA governing board shall vote in a public board meeting to decide the outcome
226
of a sensitive material review appeal, clearly identifying:
227
(i) the board's rationale for the decision; and
228
(ii) the board's determination on each component of the statutory and any additional
229
policy standards the board uses to reach the board's conclusions.
230
(6) An LEA governing board may not enact rules or policies that prevent the LEA
231
governing board from:
232
(a) revisiting a previous decision;
- 7 - 2nd Sub. (Gray) H.B. 473 03-03 14:09
233
(b) reviewing a recommendation of LEA personnel or a parent-related committee
234
regarding a challenged instructional material; or
235
(c) reconsidering a challenged instructional material if the LEA governing board
236
receives additional information regarding the material.
237
(7)(a) Except as provided in Subsection (7)(d), if the threshold described in Subsection
238
(7)(b) is met, each LEA statewide shall remove the relevant instructional material
239
from student access.
240
(b) The requirement described in Subsection (7)(a) to remove a given material from
241
student access applies if the following number of LEAs makes a determination that a
242
given instructional material constitutes objective sensitive material:
243
(i) at least three school districts; or
244
(ii) at least two school districts and five charter schools.
245
(c) The state board shall:
246
(i) aggregate allegations and LEA determinations described in Subsection (4)(d); and
247
(ii) no later than 10 school days after the day on which the condition described in
248
Subsection (7)(b) occurs, communicate to all LEAs the application of the
249
requirement described in Subsection (7)(a) to remove the material from student
250
access.
251
(d)(i) When the threshold described in Subsection (7)(b) is met for a given
252
instructional material, in addition to making the communication described in
253
Subsection (7)(c), the state board may:
254
(A) place the material on the agenda of a public board meeting within 60 days
255
after the day on which the state board makes the communication to LEAs
256
under Subsection (7)(c); and
257
(B) at the specified state board meeting, vote to overturn the application of the
258
requirement described in Subsection (7)(a) to remove a given material from
259
student access statewide.
260
(ii) If the state board votes to overturn the application of the statewide removal
261
requirement described in Subsection (7)(a) under Subsection (7)(d)(i):
262
(A) the statewide removal requirement described in Subsection (7)(a) no longer
263
applies;
264
(B) an LEA may choose to return the given material to student access; and
265
(C) nothing affects the findings of an LEA governing board regarding removal of
266
the given material within the board's LEA.
- 8 - 03-03 14:09 2nd Sub. (Gray) H.B. 473
267
(e) Each LEA, the state board, and UETN shall remove student access that the LEA,
268
state board, or UETN facilitates to any material that a vendor provides if three
269
separate items of digital instructional material that the vendor provides are subject to
270
statewide removal under this section.
271
[(e)] (f) This Subsection (7) applies to sensitive materials that LEAs remove from student
272
access, regardless of whether:
273
(i) the sensitive material determinations occur in the same academic year; or
274
(ii) a sensitive material determination occurred before July 1, 2024.
275
(8) The state board shall:
276
(a) in consultation with the Office of the Attorney General, provide guidance and
277
training to support public schools in identifying instructional materials that meet the
278
definition of sensitive materials under this section;
279
(b) establish a process through which an individual described in Subsection (3)(a) may
280
report to the state board an allegation that an LEA is out of compliance with this
281
section; and
282
(c) annually report to the Education Interim Committee, at or before the November
283
interim meeting, on implementation and compliance with this section, including:
284
(i) any policy the state board or an LEA adopts to implement or comply with this
285
section;
286
(ii) any rule the state board makes to implement or comply with this section; and
287
(iii) any complaints an LEA or the state board receives regarding a violation of this
288
section, including:
289
(A) action taken in response to a complaint described in this Subsection (8)(c)(iii);
290
(B) if an LEA retains an instructional material for which the LEA or the state
291
board receives a complaint, the LEA's rationale for retaining the instructional
292
material; and
293
(C) compliance failures that the state board identifies through the reporting
294
process described in Subsection (8)(b) and other investigations or research.
295
(9) The state shall defend, indemnify, and hold harmless a person acting under color of state
296
law to enforce this section for any claims or damages, including court costs and attorney
297
fees, that:
298
(a) a person brings or incurs as a result of this section; and
299
(b) is not covered by the person's insurance policies or any coverage agreement that the
300
State Risk Management Fund issues.
- 9 - 2nd Sub. (Gray) H.B. 473 03-03 14:09
301
(10) Subject to prioritization of the Audit Subcommittee created in Section 36-12-8, the
302
Office of the Legislative Auditor General shall:
303
(a) conduct an audit of each school district's compliance with this section, ensuring the
304
completion of all school district audits before November 2028; and
305
(b) annually report to the Education Interim Committee regarding completed sensitive
306
material audits under this Subsection (10).
307
(11)(a) At the time of student registration each year, each LEA shall provide to parents:
308
(i) Ĥ→ [an email containing] ←Ĥ the information described in Subsection (11)(a)(ii);
308a
and
309
(ii) a direct link to the LEA's website that addresses sensitive material reporting
310
described in Subsection (11)(b).
311
(b) Each LEA website shall maintain an easily accessible and clearly visible section on
312
the website's homepage for reporting violations of law regarding sensitive material.
313
(12)(a) The state board, an LEA, or UETN may refuse donations of materials by a
314
vendor or nonprofit if the materials contain sensitive material.
315
(b) A contracting entity may, without any penalty or any further financial obligation,
316
rescind or otherwise terminate a contract for a vendor to provide instructional
317
material into which the contracting entity enters on or after July 1, 2025, after three
318
instances of:
319
(i)(A) for material under a contract of an LEA, the LEA governing board
320
determining that the digital instructional material is or contains objective
321
sensitive material; or
322
(B) for material under a contract of the state board or UETN, an LEA reporting
323
that the LEA governing board has determined that the digital instructional
324
material is or contains objective sensitive material; and
325
(ii) within 30 school days after the day on which the contracting entity provides
326
notice of a determination described in Subsection (12)(a)(i), the vendor failing to
327
eliminate the segment of the digital instructional material containing the objective
328
sensitive material or otherwise remove access to the sensitive material.
329
(c) In any contract for a vendor to provide digital instructional material for which the
330
parties negotiate terms and into which the parties enter on or after July 1, 2025, the
331
contracting entity shall ensure that the contract contains:
332
(i) notice provisions regarding the requirements and prohibitions regarding digital
333
sensitive material in this section, including any relevant rule or policy of the
- 10 - 03-03 14:09 2nd Sub. (Gray) H.B. 473
334
contracting entity;
335
(ii) provisions prohibiting vendors from including live or typed links to sites or
336
material outside the vendor's material; and
337
(iii) provisions requiring the vendor to notify the contracting entity of any update,
338
modification, or addition to the digital instructional material the vendor provides
339
that contains or constitutes objective sensitive material, including links to other
340
material or websites from within the digital instructional material.
341
(d) Before an LEA, the state board, or UETN may require the removal of donated digital
342
instructional materials from a vendor, the entity receiving the donation shall provide
343
notice of the requirements and prohibitions regarding sensitive material in this
344
section.
345
(e) The state board, an LEA, or UETN may remove a segment of digital instructional
346
material that is found, through the processes described in this section, to contain
347
sensitive material from the relevant curriculum.
348
(f) Each LEA and school shall ensure that any LEA- or school-provided device,
349
database, or service that allows a student to access digital instructional material
350
includes a filter or other software service that prohibits access to sensitive material.
351
Section 3. Effective Date.
352
This bill takes effect on July 1, 2025.
- 11 -