Text of UT HB 236 (2007)
Student Clubs Amendments
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As introduced
30,812 characters
H.B. 236
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: D.S Larsen 6
6 01-19-07 11:08 AM 6
H.B. 236
1st Sub. (Buff)
*HB0236S01*
Representative Jackie Biskupski proposes the following substitute bill:
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STUDENT CLUBS AMENDMENTS
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Aaron Tilton
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Senate Sponsor: ____________
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LONG TITLE
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General Description:
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This bill modifies the State System of Public Education Code's regulation of curricular
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and noncurricular clubs.
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Highlighted Provisions:
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This bill:
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provides definitions;
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provides requirements and procedures for the authorization of curricular and
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noncurricular clubs;
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regulates the use of school buildings by authorized clubs;
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provides for faculty oversight of authorized clubs;
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provides requirements for club membership, including parental consent;
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requires the investigation of complaints, provides school options for violations, and
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establishes appeals procedures;
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allows additional rulemaking by the State Board of Education and provides
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additional rulemaking authority for local school governing boards;
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provides severability; and
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makes technical corrections.
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Monies Appropriated in this Bill:
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01-19-07 11:08 AM
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53A-3-420, as enacted by Chapter 19, Laws of Utah 1999
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53A-13-101.2, as last amended by Chapter 10, Laws of Utah 1996, Second Special
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Session
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ENACTS:
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53A-11-1201, Utah Code Annotated 1953
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53A-11-1202, Utah Code Annotated 1953
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53A-11-1203, Utah Code Annotated 1953
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53A-11-1204, Utah Code Annotated 1953
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53A-11-1205, Utah Code Annotated 1953
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53A-11-1206, Utah Code Annotated 1953
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53A-11-1207, Utah Code Annotated 1953
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53A-11-1208, Utah Code Annotated 1953
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53A-11-1209, Utah Code Annotated 1953
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53A-11-1210, Utah Code Annotated 1953
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53A-11-1211, Utah Code Annotated 1953
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53A-11-1212, Utah Code Annotated 1953
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53A-11-1213, Utah Code Annotated 1953
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53A-11-1214, Utah Code Annotated 1953
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REPEALS:
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53A-3-419, as enacted by Chapter 10, Laws of Utah 1996, Second Special Session
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53A-3-420 is amended to read:
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53A-3-420. Activity disclosure statements.
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(1) A local school board shall require the development of activity disclosure statements
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for each school-sponsored group[, club,] or program which involves students and faculty in
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grades 9 through 12 in contests, performances, events, or other activities that require them to
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miss normal class time or takes place outside regular school time.
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(2) The activity disclosure statements shall be disseminated to the students desiring
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involvement in the specific activity or to the students' parents or legal guardians or to both
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students and their parents.
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(3) An activity disclosure statement shall contain the following information:
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(a) the specific name of the [club,] team, group, or activity;
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(b) the maximum number of students involved;
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(c) whether or not tryouts are used to select students, specifying date and time
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requirements for tryouts, if applicable;
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(d) beginning and ending dates of the activity;
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(e) a tentative schedule of the events, performances, games, or other activities with
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dates, times, and places specified if available;
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(f) if applicable, designation of any nonseason events or activities, including an
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indication of the status, required, expected, suggested, or optional, with the dates, times, and
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places specified;
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(g) personal costs associated with the activity;
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(h) the name of the school employee responsible for the activity; and
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(i) any additional information considered important for the students and parents to
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know.
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Section 2. Section 53A-11-1201 is enacted to read:
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Part 12. Student Clubs Act
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53A-11-1201. Title.
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This part is known as the "Student Clubs Act."
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Section 3. Section 53A-11-1202 is enacted to read:
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53A-11-1202. Definitions.
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As used in this part:
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(1) "Bigotry" means action or advocacy of imminent action involving:
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(a) the harassment or denigration of a person or entity; or
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(b) any intent to cause a person not to freely enjoy or exercise any right secured by the
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constitution or laws of the United States or the state, except that an evaluation or prohibition
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may not be made of the truth or falsity of any religious belief or expression of conscience
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unless the means of expression or conduct arising therefrom violates the standards of conduct
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outlined in this section, Section 53A-13-101.3, or 20 U.S.C. Section 4071(f).
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(2) "Club" means any student organization that meets during noninstructional time.
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(3) "Conscience" means a standard based upon learned experiences, a personal
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philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
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right and wrong which is felt on an individual basis, a belief in an external absolute, or any
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combination of the foregoing.
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(4) "Curricular club" means a club that is school sponsored and that may receive
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leadership, direction, and support from the school or school district beyond providing a
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meeting place during noninstructional time. An elementary school curricular club means a club
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that is organized and directed by school sponsors at the elementary school. A secondary school
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curricular club means a club:
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(a) whose subject matter is taught or will soon be taught in a regular course;
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(b) whose subject matter concerns the body of courses as a whole;
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(c) in which participation is required for a particular course; or
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(d) in which participation results in academic credit.
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(5) (a) "Discretionary time" means school-related time for students that is not
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instructional time.
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(b) "Discretionary time" includes free time before and after school, during lunch and
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between classes or on buses, and private time before athletic and other events or activities.
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(6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
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imminent action that violates any law or administrative rule.
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(b) "Encourage criminal or delinquent conduct" does not include discussions
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concerning changing of laws or rules, or actions taken through lawfully established channels to
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effectuate such change.
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(7) (a) "Instructional time" means time during which a school is responsible for a
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student and the student is required or expected to be actively engaged in a learning activity.
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(b) "Instructional time" includes instructional activities in the classroom or study hall
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during regularly scheduled hours, required activities outside the classroom, and counseling,
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private conferences, or tutoring provided by school employees or volunteers acting in their
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official capacities during or outside of regular school hours.
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(8) "Involve human sexuality" means:
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(a) presenting information in violation of laws governing sex education, including
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Sections 53A-13-101 and 53A-13-302;
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(b) advocating or engaging in sexual activity outside of legally recognized marriage or
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forbidden by state law; or
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(c) advocating or encouraging the use of contraceptive practices, devices, or
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substances, regardless of whether the use is for purposes of contraception or personal health.
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(9) "Limited open forum" means a forum created by a district for student expression
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within the constraints of Subsection 53A-13-101.3(2)(b).
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(10) "Noncurricular club" is a student initiated group that may be authorized and
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allowed school building use during noninstructional time in secondary schools by a school and
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school governing board in accordance with the provisions of this part. A noncurricular club's
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meetings, ideas, and activities are not sponsored or endorsed in any way by a school governing
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board, the school, or by school or school district employees.
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(11) "Noninstructional time" means time set aside by a school before instructional time
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begins or after instructional time ends, including discretionary time.
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(12) "Religious club" means a club designated in its application as either being
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religiously based or based on expression or conduct mandated by conscience.
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(13) "School" means a public school, including a charter school.
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(14) "School building use" means access to a school facility or premises, including
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access to a limited open forum.
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(15) "School governing board" means a local school board or charter school board.
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Section 4. Section 53A-11-1203 is enacted to read:
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53A-11-1203. Student clubs -- Limited open forum -- Authorization.
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(1) (a) A school may establish and maintain a limited open forum for student clubs
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pursuant to the provisions of this part, State Board of Education rules, and school governing
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board policies.
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(b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
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create a closed forum at any time by allowing curricular clubs only.
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(2) (a) A school shall review applications for authorization of clubs on a case-by-case
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basis.
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(b) Before granting an authorization, the school shall find:
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(i) that the proposed club meets this part's respective requirements of a curricular club
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or a noncurricular club; and
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(ii) that the proposed club's purpose and activities comply with this part.
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(c) Before granting an authorization, a school may request additional information from
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the faculty sponsor, from students proposing the club, or from its school governing board, if
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desired.
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(3) A school shall grant authorization and school building use to curricular and
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noncurricular clubs whose applications are found to meet the requirements of this part, rules of
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the State Board of Education, and policies of the school governing board and shall limit or
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deny authorization or school building use to proposed clubs that do not meet the requirements
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of this part, rules of the State Board of Education, and policies of the school governing board.
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Section 5. Section 53A-11-1204 is enacted to read:
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53A-11-1204. Curricular clubs -- Authorization.
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(1) Faculty members or students proposing a curricular club shall submit written
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application for authorization on a form approved by the school governing board no later than
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October 15 of the year of the club's inception.
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(2) A school governing board may exempt a club whose membership is determined by
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student body election or a club that is governed by an association that regulates interscholastic
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activities from the authorization requirements under this section.
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(3) An application for authorization of a curricular club shall include:
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(a) the recommended club name;
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(b) a statement of the club's purpose, goals, and activities;
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(c) a statement of the club's categorization, which shall be included in the parental
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consent required under Section 53A-11-1210, indicating all of the following that may apply:
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(i) athletic;
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(ii) business/economic;
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(iii) agriculture;
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(iv) art/music/performance;
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(v) science;
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(vi) gaming;
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(vii) religious;
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(viii) community service/social justice; and
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(ix) other.
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(4) A school shall approve the name of a curricular club consistent with the club's
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purposes and its school sponsorship.
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(5) (a) A school shall determine curriculum relatedness by strictly applying this part's
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definition of curricular club to the club application.
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(b) If the school finds that the proposed club is a curricular club, the school shall
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continue to review the application as an application for authorization of a curricular club.
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(c) If the school finds that the proposed club is a noncurricular club, the school may:
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(i) return the application to the faculty member or students proposing the club for
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amendment; or
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(ii) review the application as an application for authorization of a noncurricular club.
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(6) (a) Only curricular clubs may be authorized for elementary schools.
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(b) A school governing body may limit, or permit a secondary school to limit, the
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authorization of clubs at the secondary school to only curricular clubs.
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Section 6. Section 53A-11-1205 is enacted to read:
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53A-11-1205. Noncurricular clubs -- Annual authorization.
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(1) A noncurricular club shall have a minimum of three members.
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(2) Students proposing a noncurricular club shall submit a written application for
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authorization on a form approved by the school governing board no later than October 15 of
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each year.
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(3) An application for authorization of a noncurricular club shall include:
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(a) the recommended club name;
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(b) a statement of the club's purpose, goals, and activities;
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(c) a statement of the club's categorization, which shall be included in the parental
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consent required under Section 53A-11-1210, indicating all of the following that may apply:
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(i) athletic;
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(ii) business/economic;
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(iii) agriculture;
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(iv) art/music/performance;
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(v) science;
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(vi) gaming;
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(vii) religious;
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(viii) community service/social justice; and
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(ix) other;
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(e) a statement that the club will comply with the provisions of this part and all other
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applicable laws, rules, or policies.
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(4) A school shall approve the name of a noncurricular club consistent with the club's
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purposes.
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Section 7. Section 53A-11-1206 is enacted to read:
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53A-11-1206. Clubs -- Limitations and denials.
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(1) A school may limit or deny authorization or school building use to a club or require
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changes prior to granting authorization or school building use:
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(a) as the school determines it to be necessary to:
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(i) protect the physical, emotional, psychological, or moral well-being of students and
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faculty;
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(ii) maintain order and discipline on school premises; or
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(iii) prevent a material and substantial interference with the orderly conduct of a
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school's educational activities; or
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(b) whose proposed charter and proposed activities indicate students or advisors in club
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related activities would as a substantial, material, or significant part of their conduct or means
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of expression:
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(i) encourage criminal or delinquent conduct;
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(ii) promote bigotry;
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(iii) involve human sexuality; or
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(iv) involve any effort to engage in or conduct mental health therapy, counseling, or
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psychological services for which a license would be required under state law.
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(2) A school governing board has the authority to determine whether any club meets
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the criteria of Subsection (1).
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(3) If a school or school governing board limits or denies authorization to a club, the
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school shall provide, in writing, to the applicant the factual or legal basis for the limitation or
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denial.
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(4) A student's spontaneous expression of sentiments or opinions otherwise identified
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in Subsection 53A-13-302(1) is not prohibited.
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Section 8. Section 53A-11-1207 is enacted to read:
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53A-11-1207. Faculty oversight of authorized clubs.
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(1) (a) A club shall select a faculty member for each authorized curricular and
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noncurricular club to provide oversight consistent with this part and the needs of the school to
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ensure that the methods of expression, religious practices, or other conduct of the students or
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advisors involved do not:
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(i) unreasonably interfere with the ability of school officials to maintain order and
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discipline;
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(ii) unreasonably endanger or threaten the well-being of persons or property;
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(iii) violate concepts of civility or propriety appropriate to a school setting; or
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(iv) violate applicable laws, rules, regulations, and policies.
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(b) If a club is unable to find a faculty member for the oversight described in
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Subsection (1)(a), the school shall assign a faculty member to provide the oversight.
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(2) (a) A school employee assigned to provide oversight to a club may not be required
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to do so if the assignment would violate the conscience of the employee.
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(b) The decision of the employee in accordance with Subsection (2)(a) is not subject to
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review nor may it be used as a basis for any negative evaluation of the employee.
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(3) (a) A faculty member shall serve as a sponsor of a curricular club.
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(b) A faculty sponsor shall organize and direct the purpose and activities of a curricular
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club.
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(4) (a) A faculty member shall serve as a supervisor for an authorized noncurricular
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club.
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(b) A faculty supervisor shall provide oversight to ensure compliance with the
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approved club purposes and with the provisions of this part and other applicable laws, rules,
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and policies.
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(c) The oversight of a faculty supervisor does not constitute school sponsorship of the
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club.
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(d) A faculty supervisor of a religious club may not participate in the activities of the
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religious club, except to perform the supervisory role required by this section.
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Section 9. Section 53A-11-1208 is enacted to read:
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53A-11-1208. Use of school facilities by clubs.
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(1) A school shall determine and assign school building use for curricular and
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noncurricular clubs consistent with the needs of the school.
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(2) The following rules apply to curricular clubs:
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(a) in assigning school building use, the administrator may give priority to curricular
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clubs over noncurricular clubs; and
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(b) the school may provide financial or other support to curricular clubs.
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(3) The following rules apply to noncurricular clubs:
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(a) a preference or priority may not be given among noncurricular clubs;
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(b) (i) a school shall only provide the space for noncurricular club meetings; and
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(ii) a school may not spend public funds for noncurricular clubs, except as required to
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implement the provisions of this part, including providing space and faculty oversight for
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noncurricular clubs;
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(c) a school shall establish the noninstructional times during which noncurricular clubs
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may meet;
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(d) a school may establish the places that noncurricular clubs may meet;
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(e) a school may set the number of hours noncurricular clubs may meet per month,
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provided that all noncurricular clubs shall be treated equally; and
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(f) a school shall determine what access noncurricular clubs shall be given to the
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school newspaper, yearbook, bulletin boards, or public address system, provided that all
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noncurricular clubs shall be treated equally.
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Section 10. Section 53A-11-1209 is enacted to read:
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53A-11-1209. Club membership.
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(1) A school shall require written parental or guardian consent for student participation
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in all curricular and noncurricular clubs at the school.
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(2) Membership in curricular clubs is governed by the following rules:
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(a) student membership in a curricular club is voluntary;
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(b) (i) membership may be limited to students who are currently attending the
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sponsoring school or school district; and
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(ii) members who attend a school other than the sponsoring school shall have, in
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addition to the consent required under Section 53A-11-1210, specific parental or guardian
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permission for membership in a curricular club at another school;
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(c) (i) clubs may require that prospective members try out based on objective criteria
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outlined in the application materials; and
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(ii) try-outs may not require activities that violate the provisions of this part and other
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applicable laws, rules, and policies; and
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(d) other rules as determined by the State Board of Education, school district, or
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school.
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(3) Membership in noncurricular clubs is governed by the following rules:
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(a) student membership in a noncurricular club is voluntary;
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(b) membership shall be limited to students who are currently attending the school;
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(c) (i) clubs may require that prospective members try out based on objective criteria
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outlined in the application materials; and
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(ii) try-outs may not require activities that violate the provisions of this part and other
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applicable laws, rules, and policies;
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(d) (i) attendance or participation in club meetings or activities is limited to members,
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except that nonschool persons may attend on occasion to make presentations if approved in
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advance by a school administrator;
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(ii) nonschool persons may not direct, conduct, control, or regularly attend meetings or
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activities of clubs; and
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(iii) a copy of any written or other media materials to be presented at a club meeting by
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a nonschool person shall be delivered to a school administrator at least seven days before the
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club meeting and, if requested, a student's parent or legal guardian shall have an opportunity to
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review those materials; and
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(e) other rules as determined by the State Board of Education, school district, or
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school.
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Section 11. Section 53A-11-1210 is enacted to read:
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53A-11-1210. Parental consent.
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(1) A school shall require written parental or guardian consent for student participation
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in all curricular and noncurricular clubs at the school.
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(2) The consent described in Subsection (1) shall include an activity disclosure
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statement containing the following information:
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(a) the specific name of the club;
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(b) a statement of the club's purpose, goals, and activities;
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(c) a statement of the club's categorization, which shall be obtained from the
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application for authorization of a club in accordance with the provisions of Section
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53A-11-1204 or 53A-11-1205, indicating all of the following that may apply:
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(i) athletic;
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(ii) business/economic;
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(iii) agriculture;
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(iv) art/music/performance;
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(v) science;
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(vi) gaming;
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(vii) religious;
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(viii) community service/social justice;
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(ix) other;
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(d) beginning and ending dates of the activity;
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(e) personal costs associated with the club, if any;
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(f) the name of the school employee responsible for the club; and
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(g) any additional information considered important for the students and parents to
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know.
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(3) All completed parental consent forms shall be filed by the club's faculty sponsor,
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supervisor, or monitor with the school's principal, the chief administrative officer of a charter
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school, or their designee.
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Section 12. Section 53A-11-1211 is enacted to read:
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53A-11-1211. Violations -- Investigations -- School responses.
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(1) A school shall investigate any report or allegation that an authorized curricular or
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noncurricular club is:
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(a) participating in activities beyond the scope of its purpose; or
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(b) in violation of a provision of this part or another applicable law, rule, regulation, or
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policy.
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(2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
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students involved, and the person making the report or allegation, if a violation is substantiated,
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the school may do any of the following:
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(a) allow the club's original purposes to be modified to include the activities if they are
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in compliance with the provisions of this part and other applicable laws, rules, regulations, or
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policies;
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(b) instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in
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the future;
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(c) limit or suspend the club's authorization or school building use pending further
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corrective action as determined by the school; or
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(d) terminate the club's authorization and dissolve the club.
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(3) Any limitation on expression, practice, or conduct of any student, advisor, or guest
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in a meeting of a curricular or noncurricular club, or limitation on school building use, shall be
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by the least restrictive means necessary to satisfy the school's interests as identified in this part.
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(4) A club that has been terminated in accordance with Subsection (2)(d) may not
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reapply for authorization until the following school year.
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(5) A student who makes a frivolous allegation or report under this section is subject to
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school discipline.
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Section 13. Section 53A-11-1212 is enacted to read:
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53A-11-1212. Appeals -- Procedures.
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(1) (a) Each completed application or complaint shall be approved, denied, or
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investigated by the school within five school days.
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(b) If an application or complaint is denied, written reasons for the denial or results of
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the investigation shall be stated and, if appropriate, suggested corrections shall be made to
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remedy the deficiency.
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(c) Each club that is denied school building use shall be informed at the time of the
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denial of the factual or legal basis for the denial, and, if appropriate, how the basis for the
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denial could be corrected.
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(2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
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speaking, or a complaining parent or guardian, has ten school days from the date of the denial,
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suspension, or termination to file a written appeal from the denial, suspension, or termination
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to a designee authorized by the school governing board.
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(b) The designee shall issue a determination within five school days from receipt of the
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appeal, which decision is final and constitutes satisfaction of all administrative remedies unless
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the time for evaluation is extended by agreement of all parties.
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(3) A person directly affected by a decision made in accordance with the provisions of
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this part may appeal the decision by writing to the school governing board or the State Board of
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Education.
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Section 14. Section 53A-11-1213 is enacted to read:
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53A-11-1213. Rulemaking -- State Board of Education -- School governing
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boards.
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The State Board of Education may adopt additional rules and school governing boards
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may adopt additional rules or policies governing clubs that do not conflict with the provisions
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of this part.
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Section 15. Section 53A-11-1214 is enacted to read:
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53A-11-1214. Severability.
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If any provision of this part or the application of any provision to any person or
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circumstance, is held invalid, the remainder of this part shall be given effect without the invalid
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provision or application.
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Section 16. Section 53A-13-101.2 is amended to read:
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53A-13-101.2. Waivers of participation.
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(1) If a parent with legal custody or other legal guardian of a student, or a secondary
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student, determines that the student's participation in a portion of the curriculum or in an
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activity would require the student to affirm or deny a religious belief or right of conscience, or
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engage or refrain from engaging in a practice forbidden or required in the exercise of a
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religious right or right of conscience, the parent, guardian, or student may request:
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(a) a waiver of the requirement to participate; or
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(b) a reasonable alternative that requires reasonably equivalent performance by the
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student of the secular objectives of the curriculum or activity in question.
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(2) The school shall promptly notify a student's parent or guardian if the student makes
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a request under Subsection (1).
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1st Sub. (Buff) H.B. 236
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(3) If a request is made under Subsection (1), the school shall:
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(a) waive the participation requirement;
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(b) provide a reasonable alternative to the requirement; or
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(c) notify the requesting party that participation is required.
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(4) The school shall ensure that the provisions of Subsection 53A-13-101.3(3) are met
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in connection with any required participation under Subsection (3)(c).
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(5) A student's academic or citizenship performance may not be penalized by school
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officials for the exercise of a religious right or right of conscience in accordance with the
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provisions of this section.
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[(6) (a) As a condition for participation in a student club or organization that meets on
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school premises, regardless of the organization's relationship to school curriculum, a local
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school district may require every student to obtain written permission from either a parent with
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legal custody or other legal guardian.]
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[(b) If a local school district requires written permission under Subsection (a), that
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school district shall require written permission for:]
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[(i) every club or organization that meets on school premises in that school district;
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and]
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[(ii) every student participating in a club or organization described in Subsection (i).]
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[(c) The local school district shall supply the permission form, and all completed forms
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shall be filed with the school's principal or the principal's designee.]
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Section 17. Repealer.
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This bill repeals:
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Section 53A-3-419, Limitations regarding access for student clubs and
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organizations.
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