Current through the 2024 Fourth Special Session
Section 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: (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 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;(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) 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.Amended by Chapter 293, 2019 General Session ,§ 132, eff. 5/14/2019.Renumbered from § 53A-11-1206 and amended by Chapter 3, 2018 General Session ,§ 216, eff. 1/24/2018.Amended by Chapter 403, 2011 General Session.