53B-17-109. Digital resource standards.
| (1) |
A digital resource purchased or licensed by UETN and offered to students in public schools must have safety policies and technology protection measures that:
Terms Used In Utah Code 53B-17-109- Contract: A legal written agreement that becomes binding when signed.
- Digital resource: means a digital or online library resource, including a database. See Utah Code 53B-17-101.5
- Digital resource provider: means an entity that offers a digital resource to customers for license or sale. See Utah Code 53B-17-101.5
- Obscene or pornographic material: means material that:Utah Code 53B-17-101.5
- UETN: means a consortium and partnership between public and higher education, the Utah Department of Health, and health care providers, that is created in Section 53B-17-105. See Utah Code 53B-17-101.5
| (a) |
prohibit and prevent a public school student using the resource from sending, receiving, viewing, or downloading obscene or pornographic material; and |
| (b) |
filter or block access to obscene or pornographic material. |
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| (2) |
| (a) |
Regardless of any contract provision to the contrary, if UETN discovers a digital resource does not meet the requirements described in Subsection (1), UETN:
| (i) |
shall notify the digital resource provider; and |
| (ii) |
may withhold future payments pending the digital resource provider’s compliance with Subsection (1). |
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| (b) |
A digital resource provider is in breach of contract if the digital resource provider fails to verify compliance with Subsection (1) within 90 days after the day on which UETN provides the notice described in Subsection (2)(a)(i). |
| (c) |
Beginning June 1, 2021, a contract UETN enters into for a digital resource shall contain provisions that comply with this section. |
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| (3) |
Before November 30 of each year, UETN shall submit a report to the Education Interim Committee detailing all instances of a digital resource provider’s failure to comply with the provisions of this section. |
Enacted by Chapter 86, 2021 General Session
