Category 5 – Subcategory 5.1

Category 5 has five subcategories and is focused on protecting children from various harmful materials.

Subcategory 5.1

5.1 states that materials must not include harmful material as defined in the Texas Penal Code §42.34, and the rubric restates the definition as any materials whose dominant theme:

1. encourages minors, those under 18, to engage in sex, any nudity, or excretory acts. The rubric uses the term prurient, which means having or encouraging an excessive interest in sexual matters.
2. is offensive to the standards of the community regarding what is suitable for minors
3. does not have any redeeming value for minors, meaning that there is no educational value for students

For 5.1 it’s important to consider whether the dominant theme is harmful and whether there is any educational value to it. It’s also important to consider the grade level. For example, talking about the human birthing process might be flagged in 5.1 in a Grade 1 material because that would be harmful to such young students, but it would be acceptable in high school material if the focus is on addressing educational content in the course. It’s important to note that it could be flagged in high school materials if it is overly graphic and not aligned with what students should be learning in the course.