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From Compliance to Community:

Navigating Sensitive Materials & Library Selection in Utah Schools

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Reflect on a different time….

Learning Outcomes

Understand current sensitive material legislation that impacts Utah schools
Explore evidence-based practices and practical strategies for selecting library material selection.
Develop strategies for navigating requirements with confidence.

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Legal Disclaimer

While this session will be discussing basic legal concept, the content of this session is not legal advice and should not be used in place of legal representation or legal opinion.

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Legislative History

2022 (HB 374)	Sensitive Materials in Schools	Required LEAs create local, committee-based reconsideration policies Defined sensitive materials by referencing the Utah Code § 76-5c-208 definitions of pornography/indecency.
2023 (HB 465)	Public School Library Transparency	Required LEAs implement an online platform for parents to view the title, author, and history of materials their child borrows from the school library.
2024 (HB 29) Amended HB374	Sensitive Material Review Amendments	Created "Objective" and "Subjective" material criteria. Introduced mandatory statewide removal threshold for “Objective’ materials
2026 (SB72)	Obscene Animal Abuse	Defines and adds definition of obscene animal abuse material to be considered under subjective sensitive materials.

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Statutory Renumbering of Code

Previous Statute Number	Renumbered Statute
§ 76-10-1235. Accessing pornographic or indecent material on school property.	§ 76-5c-208. Creating, viewing, or accessing pornographic or indecent material on school property.
§ 76-10-1227. Indecent Public Displays	§ 76-5c-207. Indecent public display in the presence of a minor.
§ 76-10-1201.Definitions	§ 76-5c-101. Definitions
§ 76-10-1203. Pornographic material or performance -- Expert testimony not required.	§ 76-5c-102. Evidence related to a material's or performance's literary, artistic, political, or scientific value.

Policies are updated to reference the new UCA Title 76 citations.

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“Objective Sensitive” Materials

Does the material contain a description or depiction of:

A. human genitals in a state of sexual stimulation or arousal

OR

B. acts of human masturbation, sexual intercourse, or sodomy

OR

C. fondling or other erotic touching of human genitals or pubic region

New Statutory Numbering Effective May 2025: § 76-10-1227 → § 76-5c-207

� These criteria are considered “the bright line”

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“Subjective Sensitive” Materials

Material does not contain the A. B. or C (the “bright line”) in the objective definition.

BUT…when “taken as a whole” (read in entirety), material DOES NOT have SLAPS value for minors.

(see § 76-5c-101.;§ 76-5c-102; § 76-5c-207(1)(a)(D)) (SLAPS=Serious, Literary, Artistic, Political, Scientific)

(see 76-10-1201;§ 76-10-1203; § 76-10-1227(1)(a)(iv)) (Serious, Literary, Artistic, Political, Scientific)

/

“Harmful to minors" means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it:

(i) taken as a whole, appeals to the prurient interest in sex of minors;

(ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(iii) taken as a whole, does not have serious value for minors.

§ 76-10-1201

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2026 Legislative Update:

Obscene Animal Abuse (SB72)

Definitions (§ 76-5c-101):

Animal Crushing: Intentionally crushing, burning, drowning, or impaling a living non-human mammal, bird, reptile, or amphibian (excludes normal agriculture, hunting, or veterinary practices).
Sexual Conduct with an Animal: Touching between a human and animal for apparent sexual stimulation.

BUT…when “taken as a whole” (read in entirety), material DOES NOT have SLAPS value for minors.

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Key Points and Differences

Objective

Requires a at least two members of the LEA with at least one parent to determine if a material is “objective.”
Only excerpts need to be reviewed
If three or more districts deem a material “objective”, the material is removed statewide.

Subjective

Requires a committee with at least one parent to determine if a material is “subjective.”
Material must be read in entirety

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Legislature Requested Audits

A Review of School Library Books,

Oct 2025

A Performance Audit of Sensitive Materials in Schools

June 2025

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Audit Recommendations

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Statute (53G-10-103)	October 2025 Audit
Objective Sensitive Material Criteria § 76-5c-207 “The Bright Line” human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals or pubic region	‘‘Sexual Conduct’ § 76-5c-S101 B. acts of masturbation, sexual intercourse, OR sodomy
	‘Sexual Conduct’ § 76-5c-S101 touching of an individual's clothed or unclothed genitals, pubic area, buttocks, OR if the individual is a female, breast, whether alone or between members of the same or opposite sex OR between humans and animals in an act of apparent or actual sexual stimulation or gratification.
	‘Nudity’ § 76-5c-S101 the showing of the human male or female genitals, pubic area, or buttocks, with less than an opaque covering; the showing of a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or the depiction of covered male genitals in a discernibly turgid state.
	Language (Swear Words)
	Violence

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Do I now need to be concerned about books that have swear words, violence….?

The ‘Sensitive Material’ law has not changed;

AND

materials still need to be

age-appropriate for our students.

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Priority #1

Know

state/school/district

rules and policies.

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Resources and Guidance Available

https://www.schools.utah.gov/curr/librarymedia

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Students are allowed to have books in their possession that they have purchased for personal use or borrowed from a public library, however, titles that have been removed statewide would not be appropriate for school or class assignments.

Assist students in selecting alternate titles for assignments prior to the onset of an assignment.

What if a student brings to school a material that has been removed statewide?

New Guidance - Jan 15, 2025

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AP & IB vs Concurrent Enrollment

Exempt Classes:

53G-10-402 (certain health classes)
Concurrent Enrollment
Medical & family and consumer science courses

AP & IB are not exempt but…

College Board Literature Reading lists ?
Excerpts from titles removed statewide?

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Priority #2

Build an effective school or classroom library

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Collection Standards & Selection Criteria

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Aim for 5 Framework

Selection Criteria	Description
1. Does the material meet high standards of quality and authority? (Quality, Accuracy, Authority)	• Did the book earn favorable reviews in standard professional sources (e.g., Booklist, School Library Journal) or win a major award? • Is the factual content accurate, authentic, and verifiable from an authoritative author or reputable publisher?
2. Is the material the right developmental fit for our students? (Audience Appropriateness)	• Is it appropriate for the target students’ age, emotional development, and intellectual level?
3. Does the book support our instructional needs? (Curriculum Relevance)	• Does it support and enrich the curriculum, core standards, or instructional objectives (e.g., AP/Concurrent Enrollment)? • Does it support the specific needs of multi-lingual or special needs students?
4. Does the material strengthen the collection's balance and diversity? (Viewpoints & Scope)	• Does it represent differing viewpoints on controversial issues? • Does it contribute to the overall diversity and breadth of the collection (e.g., cultural perspectives)?
5. Does it exhibit high potential user appeal and suitability of format? (Interest & Format)	• Does it fulfill high student demand or recreational reading needs? • Is the format (physical, digital, multimedia) suitable and durable for the intended use?

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Book Selection/Purchase Rationale

vetted, high-quality resources LEAs can use to support standards

Documenting book selections is crucial for librarians, even if it takes extra time, for several reasons:

Transparency and Accountability:

A clear record of why a book was chosen provides transparency to the community and stakeholders.

It demonstrates that selections are made thoughtfully, based on established criteria, and not on personal bias.

This documentation can be vital in addressing challenges or complaints about specific titles.

Collection Development and Management:

Documentation helps librarians evaluate the effectiveness of their collection development policies over time.

It allows for a systematic review of whether the collection is meeting the needs of the target audience and supporting educational goals.

It can identify gaps in the collection or areas where certain viewpoints are underrepresented, allowing for more balanced and diverse acquisitions in the future.

Streamlining Future Selections:

A well-documented rationale can serve as a reference for future book selections, especially when new librarians join the team or when revisiting similar topics.

It can help avoid redundant research and decision-making by providing a historical context for past choices.

Professional Development and Training:

The process of documenting the rationale for selections can be a valuable professional development tool for librarians, encouraging critical thinking about collection development.

It can also be used to train new staff on the principles and practices of book selection.

By documenting book selections, even with initial time commitment, offers significant long-term benefits:

Defensibility: It provides a clear, objective record that justifies choices, making it easier to address challenges or questions about specific books.

Efficiency: The structured document helps standardize the process, acting as a quick reference for future selections and reducing redundant research.

Consistency: It ensures that selection criteria are consistently applied, leading to a more balanced and diverse collection over time.

Accountability: It demonstrates a professional and systematic approach to collection development, fostering trust and transparency.

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Priority # 3

Prioritize relationships.

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Partnering with Families

Prioritize families as partners.
Validate interests and concerns.
Prioritize warm and transparent communication
Educate on policy for addressing concerns/challenges.
Provide quality published book reviews and book awards for text being taught.
Include detailed information on syllabus or website of text students will be reading.

Thank you so much for your interest in literacy..libraries etc..

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Partnering with Librarians

Leverage the expertise of the Librarian

They are experts in building classroom collections that:

follow policy for selecting materials and are:

appropriate for reading level and students’ age,
represent and relevant to students’ lives and experiences,
provide opportunities for rich discussion and critical thinking, and
support classroom learning standards.

I’d love to help you find resources, literature to support the learning in your classroom!

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Utilize Curated Resources for K12

Access multiple databases and resources tailored to specific age groups, developmental stages and abilities.

https://onlinelibrary.uen.org

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