PCSD board questions constitutionality of new state wide sensitive materials policy

Photo: Ed Robertson via Unsplash

PARK CITY, Utah — TownLift reported on Park City School District’s school board meeting for September 20, in which it was scheduled to discuss and approve a new sensitive materials policy to comply with state law HB 374. The school board did not go through with adopting this proposed policy on September 20 and pulled the policy to be put under review for its constitutionality under the 1st amendment, according to Heidi Matthews, a PCSD spokesperson.

After policy #9051 was introduced in the school board meeting, the meeting was opened for comments about all agenda items. Notably, before opening for public comments, the school board declared that they would not be talking about a specific book titled “The Absolutely True Diary of a Part-Time Indian,” which has been challenged for its content and is currently under review through the process outlined by existing materials policy #9050. They also stated that they “understand that a criminal investigation has been opened regarding this specific teaching material” and that they “will not be commenting on any open investigations.”

The public comments then began and included impassioned words from many faculty members and students within PCSD who take issue with the new proposed district policy and Utah law. Perhaps the most notable of these speakers was Melissa Nikolai, an English teacher at Park City High School. Nikolai opened her comments by saying that “she needed to speak as an English teacher for herself and her colleagues” by saying that “no teacher anywhere is teaching pornography.” She continued by saying that Utah law HB 374 “has done a grave and damaging disservice to your students in all grade levels” by “shutting down opportunities for teenagers to get together and stopped conversations about what it means to be human.”

“Great literature by definition is never pornographic, yet by definition will absolutely contain ‘sensitive material.’ A powerful book reflects life, which is filled with ‘sensitive material.’ It is precisely the ‘sensitive material’ that is pinnacle to a character’s transformation. Through a character’s struggles and failures, students reflect on their own values, beliefs, and experiences, and grapple with making their own meaning in the world. The purpose of great literature is to develop more empathetic human beings, and what is a society without empathy?”

Matthews reported that after Nikolai’s and others’ words in protest of the proposed policy, the board decided not to move forward with the approval of #9051. The board did amend parts of existing policy #9050 to be more comprehensive. Matthews also commented that the board is placing the proposed policy under review for its constitutionality under the 1st amendment of the constitution by lawyers who are still to be determined.

PCSD is having another board meeting on Friday, September 23, to discuss this and other policies. Matthews reiterated that while there is a “grace period” for complying with Utah State Board of Education policy by October 1, there is the possibility that PCSD could have state funds frozen.

You can find a full recording of the PCSD Board meeting here.