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Library and Sensitive Material Policy

Adopted: 8/10/22

Philosophy

South Sanpete School District (SSSD) school libraries support and enhance student learning. SSSD values libraries, media centers, and library staff who select, maintain, and preserve rich repositories of balanced, relevant, and varied educational sources for students. It is our intent to provide age-appropriate materials to enhance learning for all students, and we welcome parent and community support and input to protect students from harmful materials.

This policy specifies the process for identifying materials to be included or disqualified from use in libraries and schools based on Section 53G-10-103, Sensitive Instructional Materials, state and federal law, Board Rule R277-217, Educator Standards, and LEA Reporting, or based on age-appropriate content. The use of the background information, executive summary, and memorandum to LEAs from Attorney General’s office dated 5/2022 will be used as a reference for questions, answers, and rights, in determining if law, policy, and best practice is being followed regarding this policy.

Selection of Materials for Library Collection

  1. The library professional will initially select all library materials under the direction of the local board, including gifts and donations, consistent with this policy using the following criteria:
    1. seek recommendations and work collaboratively with parents, patrons, and others in the school community during the selection process;
    2. create a collection that reflects a diversity of ideas; and
    3. create a collection that adheres to the
  2. Electronic databases and other web-based searches and content will be filtered through the SSSD state-required internet filter.
  3. Gifts and donations will be reviewed following selection criteria and will be accepted or rejected using the same criteria; and
  4. The responsibility for final material selection rests with trained library personnel under the direction of the governing board of SSSD using the following criteria:
    1. Overall purpose and educational significance;
    2. Legality;
    3. Age and developmental appropriateness;
    4. Timeliness and/or permanence;
    5. Readability and accessibility for the intended audience;
    6. Artistic quality and literary style;
    7. Reputation and significance of author, producer, and/or publisher;
    8. Variety of formats with efforts to incorporate emerging technologies; and quality and value commensurate with cost and/or
  5. A record of reviewed materials will be maintained by each school within SSSD and include:
    1. the name of the school;
    2. the title and author of the material;
    3. all available formats of the material (digital/hard copy/etc.;
    4. the intended use of the material;
    5. the date the material was reviewed; and
    6. the employee’s name and title that reviewed the
Library Collection Maintenance
  1. Library materials will be maintained consistent with the criteria listed in D, state, and federal laws, including Utah Code Ann. Section 53G-10-103 and represent varying viewpoints.
  2. The school librarian or designated specialist will inventory the school library collection and equipment
    1. The inventory may be used to determine losses and remove damaged or worn materials to be considered for replacement.
    2. The inventory may also be used to deselect and remove materials that are inconsistent with the law or that are no longer relevant to the curriculum or of interest to students.
    3. Identify gaps or deficits in the library’s
Library Materials Review Process
  1. SSSD will ensure that each school within the district approves the least- restrictive, transparent process for a library materials review request to be made in physical or electronic formats.
  2. A library materials review request of the material may only be made by:
    1. a parent of a student that attends the school;
    2. a student who attends the school; or
    3. an employee of the
  3. If challenges become unduly burdensome, SSSD may limit the number of challenges an individual may make in the course of a school
  4. A library materials review may be based upon the concern that the material is a sensitive material as defined in Section 53G-10-103, or upon concerns that with age-appropriateness of
  5. The identity of the requestor will be protected and kept confidential from all individuals outside of the review process outlined in this policy to the extent
  6. SSSD will ensure each school provides access to a Library Materials Review Request Form (See Appendix A).
  7. The requestor must provide all information requested on the form, including the requestor’s complaint or objection to the library
  8. The material that is subject to a review request will have restricted access by maintaining the material behind the circulation desk or requiring an access code for digital materials until the processes described in this policy are completed. Access is limited to students with prior parent/guardian permission A list of restricted materials shall be made available to the public.
  9. The material’s access level will be consistent in all schools within SSSD until a final determination is made regarding the material.
  10. Upon receipt of a request for review, the school administrator or designee will acknowledge the receipt of the request, create a case number for the review, and convene a Review Committee within a reasonable time according to the procedure outlined below:
    1. A Review Committee will include a reasonable and an odd number of
    2. Members of the committee will include:
      1. a facilitator chosen by SSSD administration;
      2. at least one administrator or designee;
      3. a licensed teacher at the school who is currently teaching English language arts or subjects relevant to the challenged material;
      4. a licensed teacher-librarian or school librarian; and
      5. parents of current students at the school that number at least one more than the LEA employees on the Committee, including parents reflective of the school community as required in Subsection 53G-10-103(3).
  11. The Review Committee will determine the amount of time needed for an adequate review of material to make a thorough and thoughtful decision and inform the requestor of the determined timeline with a preference for 30 school days where possible and no longer than 60 school
  12. The Review Committee may request that the SSSD board determine the maximum amount of time allowed for review and determination.
  13. Members of the Review Committee will receive materials to complete the review process, including the following:
    1. access to the complete work that includes the material being challenged;
    2. a copy of the Materials Review Request form;
    3. a copy of this policy
    4. relevant information about the title compiled and shared by the library staff, including the reason for initial approval of the material; and
    5. recorded public comment as described below in Subsection
  14. Prior to a decision of the Review Committee, the school conducting the review will provide an opportunity for public comment regarding the material at a governing board
  15. The school conducting the review will provide notice to parents about the opportunity to provide public comment and include the name of the material that is the subject of the materials review at least 48 hours prior to the scheduled meeting for public
  16. The school conducting the review will record all public comments, including written comments received, and make those comments available to the Review Committee within 48 hours of the public comment
  17. The Review Committee will schedule meetings as determined by the Review Committee and maintain the minutes of each
  18. The notes from each meeting will be retained by the SSSD and the school conducting the review, along with all relevant documentation and the final
  19. The Review Committee will determine whether the material constitutes sensitive material consistent with Section 53G-10-103, this policy, and the guidance letter provided by the Attorney General’s Office dated June 1,
  20. In deciding whether the material constitutes sensitive material, the Committee must:
    1. consider all elements of the definitions of pornographic or indecent materials as defined in Utah Code Sections 76-10-1235, 76-10-1201, 76-10-1203, and 76-10-1227; and
    2. whether the material is age appropriate due to vulgarity or
  21. In deciding whether the material is age appropriate due to vulgarity, violence, or content, the Committee must consider the material taken as a whole and consider whether it has serious literary, artistic, political, or scientific value for minors, which may include the following objective criteria:
    1. reliable, expert reviews of the material or other objective sources;
    2. committee members’ experience and background; and
    3. community standards
  22. In deciding whether the material taken as a whole has serious literary, artistic, political, or scientific value as described in Subsection , the Committee should consider that:
    1. serious value does not mean any value; and
    2. greater protections should exist concerning content for a library in an elementary or middle school
  23. The Review Committee will make a final determination of the reviewed material as follows:
    1. Retained: the determination to maintain access in a school setting to the challenged material for all
    2. Restricted: the determination to restrict access in a school setting to the challenged material for certain students as determined by the Review Committee.
    3. Removed: the determination to prohibit access in a school setting to the challenged material for all
  24. The decision of the Review Committee will be determined by a majority
  25. A material may not be reviewed again for three school years following the Review Committee’s
  26. The final determination of the Review Committee will be communicated to the requestor and appropriate employees within five school days of the decision being
  27. SSSD will maintain a list of all materials that receive a “removed.” determination and make the list available to similar schools within
  28. Decisions of all challenged books will be communicated to schools within name whether retained, restricted, or removed.

Appeals Process

    1. The original requestor or another individual who was not on the Review Committee may appeal the determination of the Review Committee in writing to the school principal within 15 business days of receipt of the Review Committee’s final determination using an Appeal Request Form (See Appendix B).
    2. If an appeal is filed with the school principal, the local governing authority will act as the Appeals
      1. The local governing authority (Appeal Committee) may add parent or school administrator member(s) who did not participate in the initial Review Committee, only as necessary to have an odd number of
    3. If there is not an appeal of the Review Committee’s recommendation, the Review Committee’s recommendation is the final determination for the challenged
    4. The Appeals Committee will determine the amount of time needed for an adequate review, not longer than 60 school days and a preference for 30 school days, of a material required to make a thorough and thoughtful decision and inform the requestor of the determined
    5. Members of the Appeals Committee will receive materials to complete the review process, including the following; a copy of the material;
      1. a copy of the Materials Review Request form;
      2. all meeting minutes;
      3. the Review Committee’s final recommendation and rationale for the decision;
      4. any other documents considered part of the administrative record related to the Review Committee’s proceedings, including all recorded public comments as described in Subsection O. above.
    6. The Appeals Committee will schedule meetings as needed, as determined by the Appeals Committee, and maintain the minutes of each meeting.
    7. The notes from each meeting will be retained by the SSSD along with all relevant documentation and the final determination by the Appeals Committee.
    8. The Appeals Committee may make a final determination of a reviewed material as follows:
      1. Retained: the determination to maintain access in a school setting to the challenged material for all students;
      2. Restricted: the determination to restrict access in a school setting to the challenged material for certain students;
      3. Removed: the determination to prohibit access in a school setting to the challenged material for all students; or
      4. Another determination as decided by the Appeals
    9. The decision of the Appeals Committee will be determined by a majority
    10. A material may not be reviewed again for three school years if the Appeals Committee votes to uphold a Review Committee’s determination.
    11. The final determination of the Appeals Committee will be communicated to the requestor and appropriate employees within 10 days of the determination.
    12. SSSD will maintain a list of the determinations by Appeals Committee and make the list available to all schools within SSSD and the publi

Communication

    1. :
        1. A Materials Review Request Form (See Appendix A);
        2. An Appeal Request Form (See Appendix B);
        3. Application to serve on a materials Review Committee;
        4. This Library Policy;
        5. A list of all materials that are restricted while under Review or have received a Review Committee or Appeals Committee determination.
    2. If made aware of material that may be considered sensitive material as defined in Section 53G-10-103, SSSD will inform relevant parties regarding appropriate actions to take pursuant to this

Appendix A: Materials Review Form

 

Title: _______________________________________________

Author:______________________________________________

School:______________________________________________

Review Request initiated by:

Telephone:______________________

Address:________________________

City:___________________________

Zip:____________________________

Email:_________________________

1)          Does your child attend this school?                Yes                  No

2)          Was this material recommended, assigned, or made available through the students’ school? If so, where?

3)         What concerns you about this material? Please provide examples, page numbers, links, or any other information to help in locating or identifying content of concern. Please attach any images or other corroborating evidence.

4)           What action are you requesting the committee to consider?

Signature:_______________________________

Date:_____________________

**********************Below is for internal use only*******************************

LEA Appointed Committee Convener/Facilitator (Determined by             (SSSD) Administration

Suggested Review Timeline:                                                                                                             

 

 

 

 

Appendix B: Appeal Request Form

 

Instructions:

1. A requestor will submit the District Appeal Form along with a copy of the School Library Materials Reconsideration decision within 15 business days of receiving the decision of the School Library Material Reconsideration Committee.

Requestor Information:

1.Date ____________________

2. Legal Name of Guardian                                                                                     

3. Address                                                                                                                

4. E-mail                                                                                                                   

5. Phone Number                                                                                                      

6. School                                                                                                                 

7. School Challenge Decision Date                                                                        

The submission of a District Appeal Form will receive a receipt of notice of submission within ten

(10) school calendar days. The receipt of submission will include an estimated time-line for a determination of the District Appeal to be completed within a reasonable time period not to exceed      school days.

Challenged Material Information:

1Title                                                                                                     

2.Author                                                                                                

3.Publisher and date of publication                                                       

4.School where title can be accessed                                                    

Please provide a written statement setting forth your rationale to appeal the School Committee’s decision regarding the title (attach additional pages as needed).

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Requestor’s Signature: _______________________________________

 

 

 

Appendix C: Attorney Generals Guidance Letter and Supplemental Guidance Letter

STATE OF UTAH

OFFICE OF THE ATTORNEY GENERAL

 

 

SEAN D. REYES

  

ATTORNEY GENERAL

Spencer E. Austin

Daniel Burton

Ric Cantrell

Melissa A. Holyoak

Brian L. Tarbet

Chief Criminal Deputy

General Counsel

Chief of Staff

Solicitor General

Chief Civil Deputy

MEMORANDUM

 


TO: FROM:

 

DATE: RE:

 

Utah State Board of Education

Utah Attorney General Sean D. Reyes; Utah Solicitor General Melissa A. Holyoak; Education Division Director Meb W. Anderson

June 1, 2022

Official Memorandum-Laws Surrounding School Libraries

Introduction 

This memorandum provides analysis regarding HB 374, Sensitive Materials in Schools, and its prohibition of obscenity in school libraries. This memorandum supersedes any prior memorandum or other information previously provided by the Office of the Utah Attorney General (AGO) on the question of removing pornographic books from school libraries, including a May 4, 2022 memorandum from AGO Education Division Counsel (May 4 Memo), titled "Laws surrounding school libraries." Any conflict or inconsistency between this document and any prior pronouncement from the AGO should be resolved in favor of the analysis herein. Any relevant part of the May 4 Memo not inconsistent with this document is incorporated by reference.

This memorandum has been personally written, reviewed, and approved by the Utah Attorney General and senior executive leadership of the AGO and constitutes the official position of the AGO (Official Memo). Our office was asked by the Utah State Board of Education (Board) and local education agencies (LEAs) to address issues limited to removal of inappropriate books in school libraries. Thus, the Official Memo does not address broader issues

 

of appropriate classroom materials or other school curricula and focuses solely on school library books.1 The focus and emphasis on these materials should not, therefore, be interpreted as the sum of AGO analysis on all issues relating to HB 374. The AGO is available to provide analysis

 

1 The May 4 Memo similarly does not address these broader issues because the AGO was only asked about the limited question of books in school libraries.

 

UTAH STATE CAPITOL• 350 NORTH STATE STREET, STE. 2 0  • P.O. BOX 142320, SALT LAKE CITY, UT 84114-2320 • TELEPHONE: (801) 538-9600 • FAX: (801) 538-1121

 

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