means: a) (i) human genitals in a state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse, or sodomy; (iii) fondling or other erotic touching of human genitals or pubic region; or (iv) fondling or other erotic touching of the human buttock or female breast… b) (i) Subject to Subsection 2(c), this section and Section 76-10-1228 do not apply to any material which, when taken as a whole, has serious value for minors. (ii) As used in Subsection (2)(a), “serious value” means having serious literary, artistic, political, or scientific value for minors, taking into consideration the ages of all minors who could be exposed to the material. (iii) A description or depiction of illicit sex or sexual immorality as defined in Subsection (1)(a)(i), (ii), or (iii) has no serious value for minors. The review committee may consider assessing the materials “as a whole” when analyzing materials under UCA 76-10-1227. (as noted in Attorney General’s June 2022 letter) X. 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. Y. In deciding whether the material taken as a whole has serious literary, artistic, political, or scientific value as described in Subsection X, 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 setting. Z. The Review Committee will make a final determination of a reviewed material by determining one of the following: 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 as determined by the Review Committee. 3. Removed : the determination to prohibit access in a school setting to the challenged material for all students. AA. The decision of the Review Committee will be determined by majority vote. Specifically, at least four members of the committee must vote for the same choice (retained, restricted, removed). BB. The Review Committee will include in their final determination a recommendation as to which, if any, schools in DCSD may retain or restrict the book depending on the ages the school typically serves.
Made with FlippingBook flipbook maker