(1) (a) A school may establish and maintain a limited open forum for student clubs in accordance with the provisions of this part, state board rules, and LEA governing board policies. (b) Notwithstanding Subsection (1)(a), a school retains the right to create a closed forum at any time by allowing curricular clubs only. (2) (a) A school shall review applications for authorization of clubs on a case-by-case basis. (b) Before granting an authorization, the school shall find: (i) that the proposed club meets this part's respective requirements of a curricular club or a noncurricular club; and (ii) that the proposed club's purpose and activities comply with this part, state board rules, and LEA governing board rules. (c) Before granting an authorization, a school may request additional information from the faculty sponsor, from students proposing the club, or from the school's LEA governing board. (3) A school shall: (a) grant authorization and school facilities use to curricular and noncurricular clubs if the school finds that the relevant club's application meets the requirements of this part, rules of the state board, and LEA governing board rules; and (b) limit or deny authorization or school facilities use to proposed clubs that: (i) do not meet the requirements of this part, rules of the state board, or LEA governing board rules; (ii) for curricular clubs, promote, degrade, or otherwise identify, in the club's general purpose, a personal identity characteristic; (iii) for noncurricular clubs, degrade, in the club's general purpose, a personal identity characteristic; or (iv) promote or encourage a prohibited discriminatory practice. (4) Rules of the state board or an LEA governing board regarding clubs and actions of a school in authorizing clubs may not, except as provided in this part: (a) subject a club to standards, requirements, or limitations based on the purpose or content of the club to which other clubs of the same designation, of either curricular or noncurricular, are subject; and (b) condition authorization of, restrict, or limit the club based on a political or policy position of the club. (5) (a) Nothing in this part prohibits discussion of historical, cultural, religious, or social issues related to a personal identity characteristic within a curricular or noncurricular club with membership that remains open, in relation to personal identity characteristics, in accordance with this part and state and federal nondiscrimination law. (b) An LEA or school may not grant academic credit, course credit, preferential grading treatment, or excused absences for participation in political advocacy, partisan activity, or public protest, regardless of membership in a curricular or noncurricular club. (c) Nothing in this Subsection (5) prohibits instruction regarding civic processes, public policy, or governmental institutions if participation in political advocacy or public demonstration is not required or incentivized as a condition of academic credit or attendance.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.