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Current as of May 05, 2022 | Updated by FindLaw Staff
(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;
(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) 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.
Cite this article: FindLaw.com - Utah Code Title 53G. Public Education System--Local Administration § 53G-7-705. Clubs--Limitations and denials - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-53g-public-education-system-local-administration/ut-code-sect-53g-7-705/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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