A newly proposed bill in Utah, introduced by West Jordan Republican Rep. Ken Ivory, seeks to hold public school employees accountable for keeping certain banned books accessible to students. The HB417 bill outlines the potential criminal liability, including fines and jail time, that teachers and other school staff could face for maintaining 'objectively sensitive' materials.

The bill defines 'objectively sensitive' material as content that is inherently pornographic and violates Utah law. Ivory's separate proposed bill, HB29, further clarifies what constitutes such material and underscores its prohibition within the educational environment.

Legal Consequences and Implications

The proposed legislation suggests changes to Utah's criminal code, explicitly targeting indecent public displays and the trafficking of pornographic or indecent material on school property. These modifications form the basis for charging public school employees in cases involving 'objectively sensitive' materials.

If found guilty, public school employees could face a class A misdemeanor charge, a fine of no less than $500, and a minimum jail term of 30 days. These penalties aim to deter educators from keeping banned materials accessible to students.

John Arthur, a respected sixth-grade teacher and Utah's Teacher of the Year in 2020, criticized the bill as 'messy.' He expressed concern that it implies a lack of trust and respect for teachers. Arthur advocated for open conversations within communities about the books children are reading, emphasizing the importance of healthy dialogue.

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The bill also eliminates governmental immunity for school districts regarding noncompliance claims related to banned 'objectively sensitive' material. Governmental immunity, a protective provision in the Utah code, shields entities from lawsuits for actions within their governmental duties.

Under the proposed legislation, local school boards cannot interrupt individuals reading aloud from books or titles that are currently accessible to students during public meetings. This provision follows Ivory's experience of being cut off while reading Sarah J. Maas' book "House of Earth and Blood" during a House Education Committee discussion on banning books in Utah schools.

Expanding Existing Legal Frameworks

The proposed bill, HB417, builds upon Ivory's earlier legislation, HB29, which aims to streamline the removal of titles from Utah schools statewide. This previous bill establishes criteria for statewide removal, involving multiple school districts and charter schools banning the same book.

HB29 differentiates between 'objective' and 'subjective' sensitive material. While 'objective sensitive' material aligns with Utah's definition of pornography or indecency, 'subjective sensitive' material may be considered harmful to youth due to its appeal to the prurient interest in sex among minors and other balancing standards.

The statewide removal threshold outlined in HB29 applies exclusively to 'objective' sensitive materials, emphasizing the bill's focus on clearly defined objectionable content. The legislation passed through the House committee last week, sparking debates on its potential impact on educational freedom and the role of teachers in shaping students' literary experiences.

A similar bill proposed last year did not progress through the Legislature. However, this year's proposed revision, HB29, comes after national scrutiny of the Davis School District. During summer, the district faced controversy when it temporarily restricted the Bible in certain schools due to a parental challenge. This incident drew criticism from Representative Ivory and other legislators, bringing the sensitive materials law back into focus.

Ivory has yet to respond to requests for comment. The Utah Education Association, the state's largest teachers union, had yet to publicly declare a stance on the bill as of Wednesday afternoon.

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