Utah Code § 53E-4-409 — Utah Code / Title 53E / Chapter 53E-4 / § 53E-4-409
§ 53E-4-409. Open educational resources -- Development and implementation.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Open educational resources" means teaching, learning, and research materials that are in the public domain or released under an open license that permits free use, adaptation, and distribution. (b) "Utah core standards" means the standards described in Section 53E-4-202. (2) Notwithstanding any other provision in this part, and subject to legislative appropriation, the state superintendent shall: (a) develop comprehensive open educational resources that: (i) may include resources for grades kindergarten through grade 12; (ii) align with Utah core standards; (iii) are age appropriate for the grade level in which the materials are developed; (iv) reflect Utah values as described in Section 53G-10-204; (v) provide accessibility to students with disabilities in compliance with federal and state law; (vi) are available in digital and, where appropriate, print formats; (vii) do not contain obscene or harmful material; (viii) are age appropriate for the grade level; and (ix) promote American values and civic understanding. (b) ensure the open educational resources may include: (i) comprehensive instructional materials for all core subject areas; (ii) teacher resources; (iii) student materials and resources; (iv) implementation guides to support LEAs in the adoption and use of the materials; (c) establish quality standards and review processes for materials developed under this section; (d) ensure that: (i) the state owns all intellectual property rights, including copyright, in the open educational resources developed under this section; and (ii) the open educational resources are openly licensed under a Creative Commons or equivalent license to allow an LEA to use, adapt, customize, and distribute the materials without charge; (e) make the open educational resources available through a centralized digital platform accessible to all LEAs and the public; and (f) ensure that the open educational resources developed under this section are clearly labeled and identified as open educational resources in all formats and platforms to provide transparency to parents and other stakeholders. (3) In identifying, contracting, and developing open educational resources under this section, the state superintendent shall: (a) consult with LEAs, teachers, curriculum specialists, and other education stakeholders; (b) establish an advisory committee that: (i) includes individuals representing: (A) LEAs; (B) parents; (C) teachers; (D) curriculum specialists; and (E) other education stakeholders; and (ii) reviews all open educational resources before the resources are made available for LEA adoption; (iii) provide opportunities for public comment on draft open educational resources before final release; (c) establish timelines for phased development and implementation; and (d) ensure ongoing review and updates to maintain alignment with Utah core standards and educational best practices. (4) (a) The state board may not require an LEA to adopt or use the open educational resources developed under this section. (b) An LEA that chooses to adopt the open educational resources developed under this section shall use the LEA's existing curriculum approval process. (5) (a) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act to implement this section. (b) Upon request, report to the Education Interim Committee regarding the progress and implementation of this section.