53A-11-1206 - Clubs -- Limitations and denials.
53A-11-1206. Clubs -- Limitations and denials.
(1) A school shall limit or deny authorization or school building use to a club or requirechanges prior to granting authorization or school building use:
(a) as the school determines it to be necessary to:
(i) protect the physical, emotional, psychological, or moral well-being of students andfaculty;
(ii) maintain order and discipline on school premises;
(iii) prevent a material and substantial interference with the orderly conduct of a school'seducational activities;
(iv) protect the rights of parents or guardians and students;
(v) maintain the boundaries of socially appropriate behavior; or
(vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
(b) whose proposed charter and proposed activities indicate students or advisors in clubrelated activities would as a substantial, material, or significant part of their conduct or means ofexpression:
(i) encourage criminal or delinquent conduct;
(ii) promote bigotry;
(iii) involve human sexuality; or
(iv) involve any effort to engage in or conduct mental health therapy, counseling, orpsychological services for which a license would be required under state law.
(2) A school governing board has the authority to determine whether any club meets thecriteria of Subsection (1).
(3) If a school or school governing board limits or denies authorization to a club, theschool or school governing board shall provide, in writing, to the applicant the factual and legalbasis for the limitation or denial.
(4) A student's spontaneous expression of sentiments or opinions otherwise identified inSubsection 53A-13-302(1) is not prohibited.
Enacted by Chapter 114, 2007 General Session