2015 Utah Code
Title 53A - State System of Public Education
Chapter 11 - Students in Public Schools
Part 12 - Student Clubs Act
Section 1206 - Clubs -- Limitations and denials.

53A-11-1206. 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:
  • (a) as the school determines it to be necessary to:
    • (i) protect the physical, emotional, psychological, or moral well-being of students and faculty;
    • (ii) maintain order and discipline on school premises;
    • (iii) prevent a material and substantial interference with the orderly conduct of a school's educational 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) 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:
    • (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, or psychological 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 the criteria of Subsection (1).

• (3) If a school or school governing board limits or denies authorization to a club, the school or school 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 53A-13-302(1) is not prohibited.

Amended by Chapter 403, 2011 General Session