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  • Effective: 9/14/1993
  • Revision: 8/23/2022

  1. Board Directive
    1. It is the belief of the Board of Education that every student should have access to a library media center that offers a variety of materials to support classroom instruction, provides opportunities for research, and meets differing educational and recreational needs and interests. Students shall be encouraged to use library media materials to expand their knowledge, understanding, appreciation, and enjoyment of the world in which they live.
    2. The First Amendment of the United States Constitution guides the Jordan School District library media centers in both selection of materials and review of challenged materials. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press...”
    3. This policy specifies the process for identifying materials to be included or disqualified from use in libraries and schools based on Utah Code Section 53G-10-103, Sensitive Instructional Materials, state and federal law, Board Rule R277-217, Educator Standards and LEA Reporting, or based on age appropriate contents.
    4. The Board delegates responsibility for developing and administering this policy to the District Administration.
  2. Administrative Policy
    The Library Media Selection and Review policy shall be administered according to the following administrative policy provisions:

    1. Selection of Materials
      The responsibility for selection rests with trained library personnel under the direction of the Jordan School District Board of Education, using the following criteria:

      1. Overall purpose and education significance
      2. Legality
      3. Age and developmental appropriateness
      4. Timeliness and/or permanence
      5. Readability and accessibility for intended audience
      6. Artistic quality and literary style
      7. Reputation and significance of author, producer, and/or publisher
      8. Variety of format with efforts to incorporate emerging technologies
      9. Quality and value commensurate with cost and/or need
    2. Responsibility for Selection
      1. The professional library media specialist assigned to the school and the school principal, working in cooperation with staff members, shall be responsible for the selection of materials for school library media centers. This includes material acquired through grants, book fairs, and other donations. Each library media specialist holds either a master’s degree or an endorsement in library media science and is qualified to make selections in a responsible and professional manner.
      2. The Instructional Support Services administrator, working in cooperation with library media specialists, teachers, and staff, shall be responsible for the selection of materials for the District Instructional Media Center.
    3. Evaluating Materials, Self-selection and Internet Access
      1. The library media specialist strives to review all incoming collection items. Because of the volume of materials that are purchased each year, they are also evaluated based on credible reviews from professional publications, professional recommendations, award recipients and other professional sources. When books that have been purchased are received, additional evaluation may be appropriate.
      2. Library materials are available to students on a self-selection basis. The library media specialist, library media assistants, teachers or staff members may assist students in locating needed library media materials.
        1. Student self-selection of materials is often guided by reading lists provided by sources such as professional journals, student book clubs, public libraries and commercial companies.  These lists are not formally approved by library media specialists, school administration or District personnel. Approval of selection lists used as part of a curriculum activity/assignment is addressed in Policy AA424 Literature Selection and Review.
        2. Responsibility for the reading, listening and viewing of library media materials and accessing internet resources by children rests with parents/guardians, the library media specialist and school staff members. The parents/guardians are invited to consult with the library media specialist to find materials they feel are appropriate for their children. Parents may request a record of their student’s checkout history from library personnel.
        3. Electronic databases and other web-based searches and content will be filtered through Jordan District’s state-required internet filter.
    4. Library Materials Review Process
      1. A library materials review request may only be made by:
        1. A parent of a student that attends the school;
        2. A student who attends the school: or
        3. An employee of the school.
      2. No more than two books per year may be submitted by the same individual for a school-level review at any school the student attends during the school year.
      3. The Materials Review Form is available here: Jordan District Materials Review Form.
      4. A library materials review may be based upon the concern that the material is a sensitive material as defined in Utah Code Section 53G-10-103, or upon concerns with age-appropriateness of content.
      5. The identity of the requester will be protected and kept confidential from all individuals outside of the review process outlined in this policy, to the extent possible.
      6. The requester must provide all information requested on the form including the requestor’s complaint or objection to the library material.
      7. Parents may request a list of materials currently under review from library personnel.
      8. Upon receipt of a request for review, the school administrator or designee will acknowledge the receipt of the request, create a case number for the review, and convene a Review Committee within a reasonable time according to the procedure outlined below.
      9. The material will remain in the library system while the review process is being completed.
      10. Members of the Committee will include:
        1. A facilitator chosen by the school’s administration;
        2. At least one administrator or designee;
        3. A licensed teacher at the school who is currently teaching English language arts or a subject relevant to the challenged material; and
        4. Parents of current students at the school, that number at least one more than the LEA employees on the Committee including parents reflective of the school community as required in Utah Code Subsection 53G-10-103(3). 
      11. The Review Committee will determine the amount of time needed for an adequate review of a material to make a thorough and thoughtful decision and inform the requester of the determined timeline with a preference for 30 school days where possible and no longer than 60 school days.
      12. Members of the Review Committee will receive materials to complete the review process, including the following:
        1. Access to the complete work that includes the material being challenged;
        2. A copy of the Materials Review Request form;
        3. A copy of this policy;
        4. Relevant information about the title compiled and shared by the library staff, including the reason for initial approval of the material.
      13. The Review Committee will determine dates and times for meetings, and maintain minutes of each meeting.
      14. The notes from each meeting will be retained by the school conducting the review along with all relevant documentation and the final determination.
      15. The Review Committee will determine whether the material constitutes sensitive material consistent with Utah Code 53G-10-103, this policy, and the guidance letter provided by the Attorney General’s Office dated June 1, 2022.
        1. In deciding whether the material constitutes sensitive material, the Committee must:
          1. consider all elements of the definitions of pornographic or indecent materials as defined in Utah Code Sections 76-10-1235, 76-10-1201, 76-10-1203, and 76-10-1227; and
          2. whether the material is age appropriate due to vulgarity or violence.
        2. 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.
        3. In deciding whether the material taken as a whole has serious literary, artistic political, or scientific value as described in Subsection b., 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.
        4. The Review Committee will make a final determination of a reviewed material as follows:
          1. Retained: The determination to maintain access in a school setting to the challenged material for all students.
          2. Removed: The determination to prohibit access in a school setting to the challenged material for all students.
        5. The decision of the Review Committee will be determined by majority vote.
        6. A material may not be reviewed again for three school years following the Review Committee's determination.
        7. The final determination of the Review Committee will be communicated to the requester and appropriate employees within five school days of the decision being made.
    5. Appeals Process
      1. The original requester or another individual who was not on the Review Committee may appeal the determination of the Review Committee in writing to the school principal within 15 business days of receipt of the Review Committee's final determination using an Appeal Request Form. The form may be found at Appeal Request Form.
      2. If an appeal is filed with the school principal, the principal will inform the Instructional Support Services Administrator, who will alert the Appeals Committee.
      3. Members of the Appeals Committee will include:
        1. A facilitator chosen by the Instructional Support Services Administrator;
        2. At least one administrator or designee;
        3. A licensed teacher who is currently teaching English language arts or a subject relevant to the challenged material; and
        4. Parents with students in the District who number at least one more than the LEA employees on the Committee. The parents should be reflective of the school community as required in Utah Code Subsection 53G-10-103(3). 
        5. The Committee may add a parent or school administrator who did not participate in the initial Review Committee, only as necessary to have an odd number of members.
      4. If there is not an appeal of the Appeals Committee’s recommendation, the Appeals Committee’s recommendation is the final determination for the challenged material.
      5. The Appeals Committee will determine the amount of time needed for an adequate review, not longer than 60 school days and a preference for 30 school days, of a material required to make a thorough and thoughtful decision and inform the requester of the determined timeline.
      6. Members of the Appeals Committee will receive materials to complete the review process, including the following:
        1. A copy of the material;
        2. A copy of the Materials Review Request Form;
        3. All meeting minutes;
        4. The Review Committee’s final recommendation and rationale for the decision;
        5. Any other documents considered part of the administrative record related to the Review Committee's proceedings.
      7. The Appeals Committee will schedule meetings as needed, and maintain minutes of each meeting.
      8. The notes from each meeting will be retained by the Appeals Committee, along with all relevant documentation and the final determination by the Appeals Committee.
      9. The Appeals Committee will review the criteria listed in Section D.15. that was used by the Review Committee and will apply it again to the challenged material.
      10. The Appeals Committee will make a final determination of a reviewed material as follows:
        1. Retained: The determination to maintain access in the original school setting to the challenged material for all students.
        2. Removed: The determination to prohibit access in the original school setting to the challenged material for all students.
      11. The decision of the Appeals Committee will be determined by majority vote.
      12. A material may not be reviewed again for three school years if the Appeals Committee votes to uphold a Review Committee's determination.
      13. The final determination of the Appeals Committee will be communicated to the requester and appropriate employees within 10 days of the determination.
      14. The District will maintain a list of the determinations by the Appeals Committee.
    6. Final Procedure Review
      The original requester may petition the Utah State Board of Education (USBE) for a procedural review of the Appeals Committee’s decision.

      1. The USBE will review the petition and determine if a procedural review is warranted, to determine whether the LEA correctly followed its library materials review policy referred to in USBE Rule R277-123.
      2. That determination may include the USBE’s decision to have the appeal considered initially by a USBE committee or a panel of USBE members.
      3. If the USBE determines in their procedural review that the LEA did not correctly follow its materials review policy, it will return the appeal to the LEA with direction to repeat its review process in compliance with its library materials review policy referred to in Rule 277-628.
      4. The USBE will make a final written appeal decision no more than 60 school days after their determination that the appeal satisfies the criteria for USBE review.
      5. This USBE review decision is final.
    7. Communication
      1. Jordan School District will maintain an easily accessible public website where the following information can be located:
        1. Materials Review Request Form
        2. Appeal Request Form
        3. Application to Serve on a Materials Review Committee
        4. This library policy
      2. If made aware of material that may be considered sensitive material as defined in Section 53G-10-103, the District will inform relevant parties regarding appropriate actions to take pursuant to this policy.