1. (1) An individual with standing may request the Board review an LEA determination on a sensitive materials appeal by filing a request on a form provided by the Board's legal counsel within 30 days of the LEA's final decision.
2. (2) The Board's legal counsel shall review an appeal submitted under Subsection (1) to determine if the request presents an allegation that the LEA violated the procedure outlined in the LEA's sensitive materials appeal policy.

3. (3)(a) If the Board's legal counsel determines that an appeal presents a question appropriate for Board review, the Board's legal counsel shall refer the appeal to Board leadership to place on a standing committee agenda.

   1. (b) A standing committee shall make a recommendation to the Board for final action.
   2. (c) The Board shall take action on an appeal within 60 days of the Board's legal counsel referring the matter to the Board.
4. (4) The Board may review an appeal of an LEA decision only to determine if the LEA appeals process violated the procedure outlined in the LEA's sensitive materials policy.

5. (5)(a) If the Board determines that an LEA did not correctly follow the procedure outlined in the LEA's sensitive materials review policy, the Board shall return the appeal to the LEA with an order stating:

   1. (i) the reasons for the Board's determination;

      1. (ii) recommendations to the LEA, which may include a request to include a governing board review as part of the sensitive materials policy; and
      2. (iii) a requirement that the LEA repeat its review process in compliance with the LEA's policy.
   2. (b) An LEA shall post an order issued under Subsection (5)(a) on its website.

KEY: hotline, report, and violations

Date of Last Change: March 15, 2026

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (8)