R277-474-6. Local School Board or Charter School Governing Board Adoption of Sex Education and Maturation Education Instructional Materials

  (1) An LEA governing board may adopt the LEA's instructional materials if the instructional materials meet the requirements of Subsection 53G-10-402(2).

  (2) Instructional materials adopted as described in Subsection (1) shall:

  (a) comply with the criteria of Subsection 53G-10-402(2)(h) and:

  (b) be medically accurate;

  (c) be approved by a majority vote of the LEA governing board present at a public meeting of the LEA governing board;

  (d) be available for reasonable review opportunities to residents of the school district or parents of charter school students prior to consideration for adoption; and

  (e) comply with the county data review requirements as outlined in Subsection 53G-10-402(8).

  (3) An LEA shall comply with the reporting requirements of Section 53G-10-402.

  (4) A report to the Board shall include:

  (a) a copy of sex education instructional materials or maturation education materials not approved by the Instructional Materials Commission that the local board or local charter board seeks to adopt;

  (b) documentation of the materials' adoption in a public board meeting;

  (c) documentation that the materials or program meets the medically accurate criteria as defined in Subsection R277-474-2(7);

  (d) documentation of the recommendation of the materials by the committee; and

  (e) a statement of the local board's or local charter board's rationale for selecting materials not approved by the instructional materials commission.

  (5) An LEA governing board's adoption process for sex education instructional materials and maturation education materials shall include:

  (a) an appeals process for the adopted materials; and

  (b) a process for annual review of the LEA governing board's decision.