In a recent debate over HB29 in Utah, which aims to streamline the removal of titles from schools, Rep. Kevin Ivory faced an interruption while reading Sarah J. Maas' "House of Earth and Blood." The Tuesday debate centered on the contentious issue of banning books in Utah schools.

The interaction took an unexpected turn when Rep. Candice Pierucci, Chair of the House Education Committee, halted Ivory mid-sentence. The interruption was prompted by a point of order raised by House Minority Leader Rep. Angela Romero, who expressed her reluctance to continue hearing the passage read by Ivory.

Debating HB29: Controversial Aspects of the Bill

The incident occurred during discussions on Ivory's proposed bill, HB29, designed to facilitate the removal of books from schools in Utah. According to the bill, if at least three school districts or two districts and five charter schools ban the same book for being 'objectively' sensitive, it would be removed statewide.

Critics of the bill, including the state's largest teachers union, voiced concerns during the committee hearing. They pointed out that less than 10% of school districts and charter schools in Utah combined could trigger a statewide removal. Sara Jones from the United Education Association expressed concern that a few individuals in specific communities could undermine the authority of locally elected school boards by initiating a review process.

The bill also broadens the scope of those allowed to challenge a book, including elected officials representing the area where a school district or charter school is located.

How Books Would Be Banned

Ivory clarified that HB29 builds upon the previous HB374, passed in 2022, which aimed to ban 'sensitive materials' and mandated districts to develop independent review processes for challenged materials. The proposed bill seeks to bring clarity and establish a uniform review process for challenged titles.

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The bill introduces 'objective' and 'subjective' sensitivity standards. 'Objective' sensitive material includes content deemed 'criminally' harmful to minors. In contrast, 'subjective' sensitive material, though not meeting Utah's definition of pornography, is considered harmful due to its appeal to minors' prurient interest. 

If a challenged title meets the 'objective' criteria after review, it would be immediately removed. During the 'subjective' review period, students may access the title with parental consent. However, if ultimately deemed 'subjective' sensitive material, the book would be removed, and students would lose access.

Limits and Implications

The bill limits challenges, stating that one person making three unsuccessful challenges in a school year cannot trigger additional reviews. However, they can appeal a decision, which would be subject to a public vote in a meeting. 

Brooke Stephens, a member of Utah Parents United, argued that parents mistakenly believe there are no books on school shelves rated higher than a PG-13 movie. She manages the website ratedbooks.org, which assesses books in Utah schools, noting that some contain explicit content involving sexual activities.

Peter Bromberg from the Utah Library Association expressed reservations. While the association supports certain aspects of the bill, such as limiting challenges, it does not endorse the idea of a statewide removal trigger.

By a vote of 10 to 2, the House Education Committee recommended HB29 to be approved on Tuesday afternoon. Representative Carol Spackman Moss from Salt Lake City voted against supporting HB29. She voiced concern that it might lead to a reduction in local control over reviewing school books. Representative Romero also voted 'no.' The House of Representatives will now take up the bill for further discussion.

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