§ 53G-7-705 — Clubs -- Limitations and denials.

(1) A school shall limit or deny authorization or school facilities use to a club, or require changes prior to granting authorization or school facilities use:

(1)(a) as the school determines it to be necessary to:
(1)(a)(i) protect the physical, emotional, psychological, or moral well-being of students and faculty;
(1)(a)(ii) maintain order and discipline on school premises;
(1)(a)(iii) prevent a material and substantial interference with the orderly conduct of a school's educational activities;
(1)(a)(iv) protect the rights of parents and students;
(1)(a)(v) maintain the boundaries of socially appropriate behavior; or
(1)(a)(vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
(1)(b) if a club's proposed charter and proposed activities indicate students or advisors in club related activities would as a substantial, material, or significant part of their conduct or means of expression:
(1)(b)(i) encourage criminal or delinquent conduct;
(1)(b)(ii) promote bigotry;
(1)(b)(iii) involve human sexuality; or
(1)(b)(iv) involve any effort to engage in or conduct mental health therapy, counseling, or psychological services for which a license would be required under state law.
(2) An LEA governing board has the authority to determine whether any club meets the criteria of Subsection (1).
(3) If a school or LEA governing board limits or denies authorization to a club, the school or LEA governing board shall provide, in writing, to the applicant the factual and legal basis for the limitation or denial.
(4) A student's spontaneous expression of sentiments or opinions otherwise identified in Subsection 53E-9-203(1) is not prohibited.

Legislative History

Amended by Chapter 293, 2019 General Session