1. Age Appropriate: means generally suitable for students of the same age or level of social, emotional, and cognitive development. The context and prevalence of violence, sex, language, and illegal substances as well as the social and cultural factors of the learning communities must be considered when selecting instructional materials.
2. Challenger of Sensitive Material: an individual that submits a sensitive material review. A challenger may be an employee of the District, student of the District, parent of a student of the District, or a member of the Board of Education.
3. Course-level Instructional Materials: means the materials used to teach specific elective, Advanced Placement (AP), concurrent enrollment, International Baccalaureate (IB) and Career and Technical Education (CTE) courses.
4. Digital Resources: means the digital textbooks, electronic documents, digital tools, online applications or programs, software, video clips, websites, learning management systems, instruction and assessment platforms and any other digital resources which students are required to have, use, or access during instruction. Videos that are rated will be subject to CSD Standards for Video Use in Schools (Exhibit 7).
5. District Appeal Committee: includes the Director of Instructional Supports or designee, a member of School Performance, a school administrator, two content area specialists; and three parent/legal guardians from the feeder system. The District Appeal Committee will be established according to need.
6. Districtwide Primary Curriculum Materials: means the instructional materials intended for use by all CSD educators in all schools as the primary source of information for teaching the core standards in a given course. Materials include print and digital resources for educator and student use. Specific resources within the curriculum are mapped to a specific scope and sequence in the Instructional Guide for the course.
7. Intervention Materials: means the materials intended to build specific skills with students who are below benchmark in reading, language, writing, and/or mathematics.
8. Print Resources: means the textbooks, consumable workbooks, fiction and nonfiction books, and any other print resources which students are required to have, use, or access during instruction.
9. Objective Sensitive Material: instructional material that constitutes pornographic or indecent material, as that term is defined in Section 76-10-1235, under the nondiscretionary standards described in Subsection 76-10-1227 (1)(a)(i),(ii) or (iii).
10. Objective Sensitive Material Panel: a panel of three individuals responsible to engage in a review of instructional material using the objective sensitive material standards. The panel may consult with Legal Services and will include:
          10.1. Director of Instructional Supports;
          10.2. A school administrator; and
          10.3. A content area specialist.
11. The Miller Test: Constitutional test for obscenity as developed in the Supreme Court case Miller v. California, 413 U.S. 1973 as codified in Utah Code 76-10-1203 (a)(b) and (c). A material or performance is pornographic if:
           11.1. (a) The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex;
           11.2. (b) It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and
           11.3. (c) Taken as a whole it does not have serious literary, artistic, political or scientific value.
12. Teacher-Selected Materials: means specific instructional materials selected by teachers or licensed educators to enhance a lesson(s). Teacher-selected materials are not intended for extended use.
13. School setting: means, for a public school, in a classroom, in a school library, or on school property. School setting includes the following activities that an organization or individual or organization outside of a public school conducts, if a public school or the District sponsors the activity:
            13.1. an assembly;
            13.2. a guest lecture;
            13.3. a live presentation; or
            13.4. an event.
14. Sensitive Material: means an instructional material that constitutes objective sensitive material or subjective sensitive material.
            14.1. Sensitive material does not include an instructional material: the district selected under 53G-10-402 ; for a concurrent enrollment course that contains sensitive material and for which a parent receives notice from the course provider of the material before enrollment of the parent’s child and give the parent’s consent by enrolling the parent’s child; for medical courses; for family and consumer courses; or for another course the state board exempts in board rule.
15. Subjective Sensitive Material: instructional material that constitutes pornographic or indecent material, as that term is defined in Section 76-10-1235, under the following factor-balancing standards:
           15.1. material that is harmful to minors under Section 76-10-1201;
           15.2. material that is pornographic under Section 76-10-1203; or
           15.3. material that includes certain fondling or other erotic touching under        Subsection 76-10-1227 (1)(a)(iv).
16. Supplemental Materials: means the instructional materials that enhance primary curriculum materials or are used in combination with other supplemental materials for teaching Utah core standards or course specified standards. Supplemental materials may include print and digital resources for educator or student use. Supplemental materials and requirements for use are outlined in the Instructional Guide for the course.
17. Restricted Pending Review: means the status of an instructional material that is not currently available to students.
           17.1. An instructional material is placed on restricted pending review based on an allegation that the challenged instructional material constitutes sensitive material. The instructional material is removed from the any school setting that provides student access to the challenged material until the District completes the objective sensitive material review.
18. Unsuccessful Sensitive Material Challenge: means an allegation that a given instructional material constitutes sensitive material that the District concludes to be erroneous, either on direct review (i.e., objective sensitive material review and subjective sensitive material review) or on appeal to the Board, resulting in the retention of the given instructional material.
19. Utah Core Standards: means standards established by the Utah State Board of Education in accordance with Title 53E-4-202 to identify the basic knowledge, skills, and competencies each student is expected to acquire or master as the student advances through the public education system.