HB 151

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1Teaching Materials Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Carol S. Moss
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill exempts certain courses from requirements regarding the instructional material for
6   those courses.
7   Highlighted Provisions:
8This bill:
9▸ amends a definition to add certain course material as exempt from sensitive material
10   requirements when a parent gives consent.
11   Money Appropriated in this Bill:
12None
13   Other Special Clauses:
14This bill provides a special effective date.
15   Utah Code Sections Affected:
16   AMENDS:
1753G-10-103, as last amended by Laws of Utah 2025, Chapter 173
18
19   Be it enacted by the Legislature of the state of Utah:
20Section 1. Section 53G-10-103 is amended to read:
2153G-10-103 . Sensitive instructional materials.
22   (1) As used in this section:
23(a)(i) "Instructional material" means a material, regardless of format, used:
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24(A) as or in place of textbooks to deliver curriculum within the state curriculum
25framework for courses of study by students; or
26(B) to support a student's learning in any school setting.
27(ii) "Instructional material" includes reading materials, handouts, videos, digital
28materials, websites, online applications, and live presentations.
29(iii) "Instructional material" does not mean exclusively library materials.
30(b) "LEA governing board" means:
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31(i) for a school district, the local school board;
32(ii) for a charter school, the charter school governing board; or
33(iii) for the Utah Schools for the Deaf and the Blind, the state board.
34     (c) "Material" means the same as that term is defined in Section 76-5c-101.
35     (d) "Minor" means any person less than 18 years old.
36     (e) "Objective sensitive material" means an instructional material that constitutes
37pornographic or indecent material, as that term is defined in Section 76-5c-208, under
38the non-discretionary standards described in Subsections 76-5c-207(1)(a)(i)(A), (B),
39or (C).
40     (f) "Public school" means:
41(i) a district school;
42(ii) a charter school; or
43(iii) the Utah Schools for the Deaf and the Blind.
44     (g)(i) "School setting" means, for a public school:
45(A) in a classroom;
46(B) in a school library; or
47(C) on school property.
48(ii) "School setting" includes the following activities that an organization or
49individual or organization outside of a public school conducts, if a public school
50or an LEA sponsors or requires the activity:
51(A) an assembly;
52(B) a guest lecture;
53(C) a live presentation; or
54(D) an event.
55     (h)(i) "Sensitive material" means an instructional material that constitutes objective
56sensitive material or subjective sensitive material.
57(ii) "Sensitive material" does not include an instructional material:
58(A) that an LEA selects under Section 53G-10-402;
59(B) for a concurrent enrollment course, Advanced Placement course, or
60International Baccalaureate course that contains sensitive material and for
61which a parent receives notice from the course provider of the material before
62enrollment of the parent's child and gives the parent's consent by enrolling the
63parent's child;
64(C) for medical courses;
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65(D) for family and consumer science courses; or
66(E) for another course the state board exempts in state board rule.
67(iii) "Subjective sensitive material" means an instructional material that constitutes
68pornographic or indecent material, as that term is defined in Section 76-5c-208,
69under the following factor-balancing standards:
70(A) material that is harmful to minors under Section 76-5c-101;
71(B) material that is pornographic under Section 76-5c-101; or
72(C) material that includes certain fondling or other erotic touching under
73Subsection 76-5c-207(1)(a)(i)(D).
74   (2)(a) Sensitive materials are prohibited in the school setting.
75(b) A public school or an LEA may not:
76(i) adopt, use, distribute, provide a student access to, or maintain in the school setting,
77sensitive materials; or
78(ii) permit a speaker or presenter in the school setting to display or distribute
79sensitive materials.
80(c) In evaluating, selecting, or otherwise considering action related to a given
81instructional material under this section, each public school and each LEA shall
82prioritize protecting children from the harmful effects of illicit pornography over
83other considerations in evaluating instructional material.
84(d) If an instructional material constitutes objective sensitive material:
85(i) a public school or an LEA is not required to engage in a review under a subjective
86sensitive material standard; and
87(ii) the outcome of a subjective sensitive material evaluation has no bearing on the
88non-discretionary objective sensitive material conclusion.
89   (3)(a) Except as provided in Subsection (3)(b), the following individuals may initiate a
90sensitive material review under this section:
91(i) an employee of the relevant LEA;
92(ii) a student who is enrolled in the relevant LEA;
93(iii) a parent of a child who is enrolled in the relevant LEA; or
94(iv) a member of the relevant LEA governing board.
95(b)(i) As used in this Subsection (3)(b), "unsuccessful challenge" means an allegation
96that a given instructional material constitutes sensitive material that the LEA
97concludes to be erroneous, either on direct review or on appeal to the LEA
98governing board, resulting in the retention of the given instructional material.
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99(ii) Notwithstanding Subsection (3)(a), after an individual makes three unsuccessful
100challenges during a given academic year, the individual may not trigger a
101sensitive material review under this section during the remainder of the given
102academic year.
103  (4) Upon receipt of an allegation from an individual described in Subsection (3)(a), an LEA
104      shall:
105      (a)(i) make an initial determination as to whether the allegation presents a plausible
106claim that the challenged instructional material constitutes sensitive material,
107including whether the allegation includes excerpts and other evidence to support
108the allegation; and
109(ii) if the LEA determines that the allegation presents a plausible claim that the
110challenged instructional material constitutes sensitive material under Subsection
111(4)(a)(i), immediately remove the challenged material from any school setting that
112provides student access to the challenged material until the LEA completes the
113LEA's full review of the challenged material under this section;
114      (b)(i) engage in a review of the allegations and the challenged instructional material
115using the objective sensitive material standards; and
116(ii) if the LEA makes a determination that the challenged instructional material
117constitutes objective sensitive material, ensure that the material remains
118inaccessible to students in any school setting;
119      (c) only if the LEA makes a determination that the challenged instructional material
120does not constitute objective sensitive material:
121(i) review the allegations and the challenged instructional material under the
122subjective material standards, ensuring that the review includes parents who are
123reflective of the members of the school's community when determining if an
124instructional material is subjective sensitive material;
125(ii) allow student access to the challenged instructional material during the LEA's
126subjective sensitive material review if the student's parent gives consent regarding
127the specific challenged instructional material; and
128(iii) if the LEA makes a determination that the challenged instructional material
129constitutes subjective sensitive material, ensure that the material is inaccessible to
130students in any school setting, including the termination of the parent consent
131option described in Subsection (4)(c)(ii); and
132      (d) communicate to the state board the allegation and the LEA's final determination
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133regarding the allegation and the challenged instructional material.
134   (5)(a) An individual described in Subsection (3)(a) may appeal an LEA's decision
135regarding a sensitive material review, regardless of whether the LEA removed or
136retained the challenged instructional material, to the LEA governing board.
137(b) An LEA governing board shall vote in a public board meeting to decide the outcome
138of a sensitive material review appeal, clearly identifying:
139(i) the board's rationale for the decision; and
140(ii) the board's determination on each component of the statutory and any additional
141policy standards the board uses to reach the board's conclusions.
142   (6) An LEA governing board may not enact rules or policies that prevent the LEA
143governing board from:
144(a) revisiting a previous decision;
145(b) reviewing a recommendation of LEA personnel or a parent-related committee
146regarding a challenged instructional material; or
147(c) reconsidering a challenged instructional material if the LEA governing board
148receives additional information regarding the material.
149   (7)(a) Except as provided in Subsection (7)(d), if the threshold described in Subsection
150(7)(b) is met, each LEA statewide shall remove the relevant instructional material
151from student access.
152(b) The requirement described in Subsection (7)(a) to remove a given material from
153student access applies if the following number of LEAs makes a determination that a
154given instructional material constitutes objective sensitive material:
155(i) at least three school districts; or
156(ii) at least two school districts and five charter schools.
157(c) The state board shall:
158(i) aggregate allegations and LEA determinations described in Subsection (4)(d); and
159(ii) no later than 10 school days after the day on which the condition described in
160Subsection (7)(b) occurs, communicate to all LEAs the application of the
161requirement described in Subsection (7)(a) to remove the material from student
162access.
163(d)(i) When the threshold described in Subsection (7)(b) is met for a given
164instructional material, in addition to making the communication described in
165Subsection (7)(c), the state board may:
166(A) place the material on the agenda of a public board meeting within 60 days
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167after the day on which the state board makes the communication to LEAs
168under Subsection (7)(c); and
169(B) at the specified state board meeting, vote to overturn the application of the
170requirement described in Subsection (7)(a) to remove a given material from
171student access statewide.
172(ii) If the state board votes to overturn the application of the statewide removal
173requirement described in Subsection (7)(a) under Subsection (7)(d)(i):
174(A) the statewide removal requirement described in Subsection (7)(a) no longer
175applies;
176(B) an LEA may choose to return the given material to student access; and
177(C) nothing affects the findings of an LEA governing board regarding removal of
178the given material within the board's LEA.
179      (e) This Subsection (7) applies to sensitive materials that LEAs remove from student
180access, regardless of whether:
181(i) the sensitive material determinations occur in the same academic year; or
182(ii) a sensitive material determination occurred before July 1, 2024.
183  (8) The state board shall:
184      (a) in consultation with the Office of the Attorney General, provide guidance and
185training to support public schools in identifying instructional materials that meet the
186definition of sensitive materials under this section;
187      (b) establish a process through which an individual described in Subsection (3)(a) may
188report to the state board an allegation that an LEA is out of compliance with this
189section; and
190      (c) annually report to the Education Interim Committee, at or before the November
191interim meeting, on implementation and compliance with this section, including:
192(i) any policy the state board or an LEA adopts to implement or comply with this
193section;
194(ii) any rule the state board makes to implement or comply with this section; and
195(iii) any complaints an LEA or the state board receives regarding a violation of this
196section, including:
197(A) action taken in response to a complaint described in this Subsection (8)(c)(iii);
198(B) if an LEA retains an instructional material for which the LEA or the state
199board receives a complaint, the LEA's rationale for retaining the instructional
200material; and
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201(C) compliance failures that the state board identifies through the reporting
202process described in Subsection (8)(b) and other investigations or research.
203   (9) The state shall defend, indemnify, and hold harmless a person acting under color of state
204law to enforce this section for any claims or damages, including court costs and attorney
205fees, that:
206(a) a person brings or incurs as a result of this section; and
207(b) is not covered by the person's insurance policies or any coverage agreement that the
208State Risk Management Fund issues.
209   (10) Subject to prioritization of the Audit Subcommittee created in Section 36-12-8, the
210Office of the Legislative Auditor General shall:
211(a) conduct an audit of each school district's compliance with this section, ensuring the
212completion of all school district audits before November 2028; and
213(b) annually report to the Education Interim Committee regarding completed sensitive
214material audits under this Subsection (10).
215Section 2. Effective Date.
216   This bill takes effect on July 1, 2026.
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