Logan City School District

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Approval Date: December, 2021
Amended: August, 2024

EEG- School Library Media Selection and Review

Purpose

The Board of Education assures that every student has access to a library that offers a variety of materials to support classroom instruction, provides opportunities for research, and meets differing educational and recreational reading and interests. Students are encouraged to use library materials to expand their knowledge, understanding, appreciation, and enjoyment of the world in which they live.

Definitions

1. “Teacher Librarian” means a licensed employee with a degree or endorsement in library science, assigned to teach at a school.
2. "District Patron” includes a student enrolled in the Logan City School District; a parent or guardian of a student enrolled in the Logan City School District; or an individual who resides within the boundaries of the Logan City School District.
3. “Media Specialist” means an Education Support Professional working under the supervision of a principal or district director, assigned to manage the library.
4. “School Media Review Committee” means a committee, appointed by the building principal, that includes the principal, two teachers at the school, and two parents at the school who are not the complainant(s) and are representative of the school population. At the high school level, a student representative may also be included.

5. “Sensitive Materials Review Panel” means a group composed of the school’s principal or assistant principal; and a teacher member of the school’s guiding coalition.

6. “Weeding”: the systematic removal of resources from a library based on selected criteria.

7. Media materials include, but are not limited to, the following items, whether provided in person, online, or through other means:
   1. Text materials (i.e. books, magazines, essays, theatrical works, etc)
   2. Video
   3. Music (both audio presentations as well as printed music)
   4. Photographs and other images
   5. Three-dimensional art
8. “Sensitive material” means an instructional material that is pornographic or indecent material as that term is defined in Section 76-10-1235 of Utah Code.

9. "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).

10. "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:

    a. material that is harmful to minors under Section 76-10-1201;

    b. material that is pornographic under Section 76-10-1203; or

    c. material that includes certain fondling or other erotic touching under Subsection

    76-10-1227(1)(a)(iv).

11. “Sensitive materials” do not include:

    • concurrent enrollment courses that contain sensitive materials for which a parent receives notice and provides consent

    • Instructional materials for medical courses

    •  Instructional materials for family and consumer science courses

    • Health curriculum selected by the District under 53G-10-402
       

12. “Unsuccessful Challenge” means after the prescribed challenge and appeal process has been followed, a challenged material (i.e. book, video, audio, etc.) remains in circulation within the school district.

Expectation for Appropriate Materials

The Logan City School District shall not adopt, use, distribute, provide access to, or maintain in the school setting, sensitive materials as defined in Section 76-10-1235 of Utah Code. Utah Code §76-10-1235

Management of Library Collection

Selection, review, and removal of all purchased or donated library materials shall be based on a combination of three or more of the following criteria:

• Educational significance
• Contribution to the curriculum
• Validity, currency, and appropriateness
• Accuracy, timeliness, and permanence
• Favorable reviews, recommendations, and/or award nominees found in standard selection sources or from professional personnel
• Potential appeal and interest
• Recreational reading needs of students
• Artistic quality and literary style
• Reputation and significance of author, producer, or publisher
• Uniqueness, diversity and /or heritage of the state, region, or community
• Support of second language learners
• Support of special needs students

The selection, review, and removal of library materials at the school level is under the direction of the school library staff. While library staff are responsible for the selection of library materials, it is not possible for library staff to read or view all library materials. In making selections for materials, input from reliable sources is considered.

Student Selection of Library Materials

Library materials are available to students on a self-selection basis. Library staff or other school personnel may assist in recommending library materials. Reading lists are available from many sources, and are not necessarily endorsed by the teacher librarian, school administration, or district personnel.

Responsibility for reading, listening, and viewing library materials rests with the individual student and their parent/legal guardian. Library staff are available to consult with students and their parent/legal guardian to find appropriate materials. Staff is not responsible for the final selection made by the student and their parent/legal guardian.

Requests for Restriction of Individual Student Access

The District recognizes the rights of parents under state law to restrict their child’s access to materials the parent deems inappropriate. However, no parent has the right to make that decision on behalf of other students. A parent desiring to restrict their own child’s access to specific library materials shall submit the request in writing to the librarian or media specialist at the school the child is attending.

Utah Admin Rules  53G-10-202
Utah Admin Rules  53G-10-203
Utah Admin Rules  53G-10-205

Objection to Materials

District patrons or employees have the right to file a complaint regarding library materials to which they object.

Request for Sensitive Materials Review and Potential Removal of Materials

The following individuals may initiate a sensitive material review for media materials used in district schools:

• An employee of the District
• A student who is enrolled in the District
• A parent of a child who is enrolled in the District
• A member of the District’s Board of Education

A request for a sensitive material review should be made using the LCSD Request for Reconsideration of Media Materials form, and should be submitted to the building principal.

Upon receipt of a request for a sensitive material review from an authorized individual, a school-level Sensitive Material Review Panel comprised of the Principal or Assistant Principal and a teacher member of the school’s Guiding Coalition shall make an initial determination as to whether the request presents a plausible claim that the challenged instructional material constitutes sensitive material, including whether the allegation includes excerpts and other evidence to support the allegation.

Upon receipt of a request for a sensitive material review from an authorized individual, the building principal will send the requestor a notification that their request has been received, and that the review process will begin within fifteen work days from the delivery of the principal’s notification.

If the panel determines that the allegation presents a plausible claim that the challenged instructional material constitutes sensitive material the panel shall:

• Immediately remove the challenged material from any school setting that provides student access to the challenged material

• Add a parent who is not the complainant to the Sensitive Materials Review Panel.

• The Sensitive Materials Review Panel will engage in a review of the allegations and the challenged instructional material using the objective sensitive material standards outlined in state code.

Utah Code § 76-10-1227

Review of Objectively Sensitive Materials

If the Sensitive Material Review Panel makes a determination that the challenged instructional material constitutes objective sensitive material, the material will be immediately removed from any school setting in the District. The principal on the panel will send a report of the panel’s actions to the District Superintendent. The Superintendent, or designee, will report the determination to the State Library Media Specialist within twenty (20) days after the full review is completed.

Review of Subjectively Sensitive Materials

If the Sensitive Material Review Panel makes a determination that the challenged instructional material does not constitute objective sensitive material the school shall:

• Review the allegations and the challenged instructional material under the subjective material standards, using the School Media Review Committee as outlined below.
• Allow a student to access the challenged instructional material during the LEA's subjective sensitive material review, if the individuals student's parent gives consent regarding the specific challenged instructional material

Procedure for Responding to a Challenge of Subjectively Sensitive Materials

Upon receipt of a request to review an allegation of subjectively sensitive materials, the building principal will send the requestor a notification that their request has been received, and that the review process will begin within fifteen work days from the delivery of the principal’s notification.

• A school-based Media Review Committee shall review the request for reconsideration and formulate a decision regarding the complaint
• During the course of a review, the requestor shall have the opportunity to appear in support of the request; the teacher in whose class the material is used or proposed for use shall have the opportunity to present the rationale for inclusion; and the committee may solicit and/or accept information, evidence, or testimony from other persons as the committee deems advisable
• Within 30 work days from the beginning of the review process, the principal will send a written report of the review committee’s decision to the individual filing the request for review.

a. If circumstances require a longer review period, the building principal may request an extension from the Director of Elementary or Secondary Schools.

If the School Media Review Committee makes a determination that the challenged instructional material constitutes subjective sensitive material, the material will be immediately removed from any school setting in the District. The Principal on the committee will send a report of the committee’s actions to the complainant and the District Superintendent. Except in case of an appeal, the Superintendent will report the determination to the State Library Media Specialist within ten (10) days after the full review is completed.

If the School Media Review COmmittee makes a determination that the challenged instructional material does not constitute subjective sensitive material, the material will remain accessible to students. The Principal on the committee will send a report of the committee’s actions to the complainant and the District Superintendent

Appeal of a School’s Decision Regarding a Sensitive Materials Review

Appeals of the school’s decision regarding a sensitive materials review must be submitted within five days (5) days after the initial decision of the School Media Review Committee. An appeal shall be initiated by notifying the Superintendent in writing of the appeal.

Any of the following individuals may appeal a school’s decision regarding a sensitive material review, regardless of whether the school removed or retained the challenged instructional material

• An employee of the District
• A student who is enrolled in the District
• A parent of a child who is enrolled in the District
• A member of the District’s Board of Education

If the Sensitive Materials Review Panel or School Media Review Committee determine the challenged material to be either objectively or subjectively sensitive, that decision may be appealed directly to the District Board of Education. The District Board of Education shall vote in a public board meeting to decide the outcome of a sensitive material review appeal, clearly identifying:

• The Board's rationale for the decision; and
• The Board's determination on each component of the statutory and any additional policy standards the Board uses to reach the Board's conclusions.

Limitation on the Number of Review

The same material cannot be challenged for at least three (3) years on the same criteria.

After an individual makes three unsuccessful challenges during a given academic year, the individual may not trigger a sensitive material review under this section during the remainder of the given academic year. A record of each review request, and the outcome of the request, will be kept at the location where the request was submitted.

 

Step 1 Initial Review	Receipt of Allegation Yes, the individual initiating allegation is an employee of the relevant LEA; a student who is enrolled in the relevant LEA; a parent of a child who is enrolled in the relevant LEA; or a member of the relevant LEA governing board. Initial Determination includes 2 or more LEA employees R277-628-3 Does the allegation present a plausible claim that the material is sensitive  Yes , remove immediately from student access, proceed to Step 2. No, LEA policy determines next steps.
Step 2 Review Objective Sensitive Materials	Full Review using “Objective Sensitive Material” Standard §76-10-1227 includes three or more members & at least one parent R277-628-3 does not incude those responsible for procuring material or challenger YES, the material contains a description or depiction of: human genitals in a state of sexual stimulation or arousal OR acts of human masturbation, sexual intercourse, or sodomy OR fondling or other erotic touching of human genitals or pubic regioun If YES, enusre material remains inaccessible to students in any school setting. No, follow LEA policy.
Step 3 Review Subjective Sensitive Materials	Full Review using “Subjective Sensitive Material” Standard §76-10-1235 Include parents who are reflective of the members of the community Allow student access if the student’s parent give consent Subjective Determination YES, the material taken as a whole has no serious, literary, artistic, political, or sciendtific value. If YES, enusre material remains inaccessible to students in any school setting. No, Follow LEA policy
Step 4 Appeal	Any Individual in Step1 may appeal a determination from Step 2 or 3 to the LEA goveringn board Follow LEA policy LEA govering board to vote in public board meeting, identifying: the board’s rationale for the decision the board’s determination on each component of the statory and any additional policy standards used to reach the conclusion
Step 5 Report to USBE	”LEA-appointed representative” reports FINAL determination to USBE within 30 school days Title of Material Determination Rantional Statute Applied Additional policy standards Documentation Dispose of Sensitive material according to LEA Policy §53G-10g103