5.1 - The instructional material does not include harmful material.
“Harmful Material” (Texas Penal Code (TPC) Sec. 43.24): means material whose dominant theme taken as a whole:
- appeals to the prurient interest of a minor, in sex, nudity, or excretion;
- is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
- is utterly without redeeming social value for minors.
5.2 - The instructional material does not include obscene material.
“Obscene Material” (TPC Sec. 43.21(a)(1)): means material or a performance that:
- the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
- includes any content described by TPC Sec. 43.21(a)(1)(B); and
- taken as a whole, lacks serious literary, artistic, political, and scientific value.
5.3 - The instructional material does not include pervasively vulgar or educationally unsuitable material.
“Pervasively Vulgar or Educationally Unsuitable Material” (Island Trees School District v. Pico (1982)): In a plurality opinion, the U.S. Supreme Court explained that it would not be unconstitutional to exclude materials for pervasive vulgarness or educational unsuitability as long as the removal was not due to viewpoint discrimination.
5.4 - The instructional material does not include sexually explicit material.
“Sexually Explicit Material” (TEC Sec. 33.021(a)): means any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file that describes, depicts, or portrays sexual conduct, as defined by TPC Sec. 43.25(a)(2), in a way that is patently offensive, as defined by TPC Sec. 43.21(a)(4).
5.5 - The instructional material does not include sexually relevant material, subject to a requirement of the TEKS.
“Sexually Relevant Material” (TEC 35.001(3)): means any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file that describes, depicts, or portrays sexual conduct, as defined by TPC Sec. 43.25(a)(2).
Please select a subcategory.