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Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
Guidance Document Change: The guidance document "Model Policies Concerning Instructional Materials with Sexually Explicit Content" was developed in conjunction with stakeholders in order to comply with SB656 (2022).
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8/1/22  4:34 pm
Commenter: C Carter

Model Policies Concerning Instructional Materials with Sexually Explicit Content & VA Code 18.2-373
 

Model Policies Concerning Instructional Materials with Sexually Explicit Content shall be subject to penalty pursuant to Virginia Codes § 18.2-372. "Obscene" defined; 

§ 18.2-373. Obscene items enumerated.Obscene items shall include:

(1) Any obscene book;

(2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, videotape recording;

(3) Any obscene figure, object, article, instrument, novelty device, or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words, or sounds; or

(4) Any obscene writing, picture or similar visual representation, or sound recording, stored in an electronic or other medium retrievable in a perceivable form.

and
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items.

Parents have the right to be present, monitor, and reject the purchase of sexually explicit materials, which under Virginia Code 18.2-373, is defined as obscene materials. 
Such Sexually Explicit/Obscene materials shall be locked in a safe and upon request of the parent shall be given to the parent to distribute to their child. Any school personnel who distribute such sexually Explicit/obscene material to a child with/without parental permission shall be subject to penalty pursuant to Virginia Code § 18.2-374. Production, publication, sale, possession, etc., of obscene items.

Virginia Code supersedes federal/state School Board/ Virginia Department of Election policy. 

CommentID: 124407