FG – Curriculum and Non-Curriculum Student Groups

FG

Clubs

Curricular and Noncurricular Student Groups

Purpose—

The Board of Education of the _______________ School District has

determined that the educational goals of the School District are furthered by

recognizing curricular clubs and those noncurricular student groups which

comply with this Policy.

Definitions—

The following definitions apply to this Policy:

183196336. “Bigotry” means action or advocacy of imminent action involving:

a) the harassment or denigration of a person or entity; or

b) any intent to cause a person not to freely enjoy or exercise any right

secured by the constitution or laws of the United States or the state,

except that an evaluation or prohibition may not be made of the truth or

falsity of any religious belief or expression of conscience unless the

means of expression or conduct arising therefrom violates the standards

of conduct outlined by law.

183196337. “Club” means any student organization that meets during

noninstructional time.

183196338. “Conscience” means a standard based upon learned experiences,

a personal philosophy or system of belief, religious teachings or doctrine, an

absolute or external sense of right and wrong which is felt on an individual

basis, a belief in an external absolute, or any combination of the foregoing.

183196339. “Curricular club” means a club that is school sponsored and that

may receive leadership, direction, and support from the school or school

district beyond providing a meeting place during noninstructional time. An

elementary school curricular club means a club that is organized and directed

by school sponsors at the elementary school. A secondary school curricular

club means a club:

a) whose subject matter is taught or will soon be taught in a regular course;

b) whose subject matter concerns the body of courses as a whole;

c) in which participation is required for a particular course; or

d) in which participation results in academic credit.

183196340. “Discretionary time” means school-related time for students that is

not instructional time, including free time before and after school, during lunch

and between classes or on buses, and private time before athletic and other

events or activities.

183196341. “Encourage criminal or delinquent conduct” means action or

advocacy of imminent action that violates any law or administrative rule, but

does not include discussions concerning changing of laws or rules, or actions

taken through lawfully established channels to effectuate such change.

183196342. “Instructional time” means time during which a school is

responsible for a student and the student is required or expected to be

actively engaged in a learning activity, including instructional activities in the

classroom or study hall during regularly scheduled hours, required activities

outside the classroom, and counseling, private conferences, or tutoring

provided by school employees or volunteers acting in their official capacities

during or outside of regular school hours.

183196343. “Involve human sexuality” means:

a) presenting information in violation of laws governing sex education,

including Utah Code §§ 53G-10-402 and 53E-9-203;

b) advocating or engaging in sexual activity outside of legally recognized

marriage or forbidden by state law; or

c) presenting or discussing information relating to the use of contraceptive

devices or substances, regardless of whether the use is for purposes of

contraception or personal health.

183196344. “Limited open forum” means a forum created by the District for

student expression within the constraints of Utah Code § 53G-10-203(2)(b).

183196345. “Noncurricular club” is a student initiated group that may be

authorized and allowed school facilities use during noninstructional time in

secondary schools by a school and school governing board in accordance

with law. A noncurricular club’s meetings, ideas, and activities are not

sponsored or endorsed in any way by the Board, the District or District

employees. A noncurricular club shall have a minimum of three members.

183196346. “Noninstructional time” means time set aside by a school before

instructional time begins or after instructional time ends, including

discretionary time.

183196347. “Religious club” means a noncurricular club designated in its

application as either being religiously based or based on expression or

conduct mandated by conscience.

183196348. “School facilities use” means access to a school facility, premises,

or playing field. “School facilities use includes access to a limited open forum.

Limited Open Forum and Reservation of Right to Close Forum—

Schools within the District may establishes and maintain a limited open

forum for student clubs pursuant to law, State Board of Education rules, and

District Policy. Notwithstanding, the Board of Education retains the right to create

a closed forum in the District or at any of its schools at any time by allowing

curricular clubs only.

Delegation of Authority to Local Schools—

The Board hereby authorizes local schools within the school District to

review applications for club authorization. A local school principal shall review

applications for authorization of clubs on a case-by-case basis. Before granting

an authorization, the school shall find that the proposed club meets the

requirements of a curricular club or a noncurricular club, and that the proposed

club’s purpose and activities comply with this Policy. A school shall grant

authorization and school facilities use to curricular and noncurricular clubs whose

applications are found to meet the requirements of this part, rules of the State

Board of Education, and policies of the District and shall limit or deny

authorization or school facilities use to proposed clubs that do not meet the

requirements of this part, rules of the State Board of Education, and policies of

the District.

Formation and Renewal of Student Club—

Within twenty (20) school days after the beginning of the school year, each

student group seeking to establish a club under this Policy must submit an

application to form a club. In addition to filing an initial application to form the

club, within twenty (20) days after the beginning of the school year each club

must submit to the principal or a designee an application annually.

Curricular Club Application for Authorization—

Faculty members or students proposing a curricular club shall submit

written application for authorization on a form approved by the District. However,

clubs whose membership is determined by student body election or clubs that

are governed by an association that regulates interscholastic activities are

exempted from these application requirements.

1) An application for authorization of a curricular club shall include:

a) the recommended club name, which must be consistent with the club’s

purposes and school sponsorship;

b) a statement of the club’s purpose, goals, and activities;

c) a statement of the club’s categorization, which shall be included in the

parental consent required under Utah Code § 53G-7-709, indicating all of

the following that may apply:

i) athletic;

ii) business/economic;

iii) agriculture;

iv) art/music/performance;

v) science;

vi) gaming;

vii) religious;

viii)community service/social justice; and

ix) other;

d) the recommended meeting times, dates, and places;

e) a statement that the club will comply with the provisions of this part and all

other applicable laws, rules, or policies; and

f) a budget showing the amount and source of any funding provided or to be

provided to the club and its proposed use.

2) If the school finds that the proposed club is a noncurricular club, the school

may:

a) return the application to the faculty member or students proposing the club

for amendment; or

b) review the application as an application for authorization of a noncurricular

club.

Noncurricular Club Annual Application for Authorization—

Students proposing a noncurricular club shall submit a written application

for authorization on a form approved by the District.

1) An application for authorization of a noncurricular club shall include:

a) the recommended club name, which must reasonably reflect the club’s

purpose, goals, and activities;

b) a statement of the club’s purpose, goals, and activities;

c) a statement of the club’s categorization, which shall be included in the

parental consent required under Utah Code § 53G-7-709, indicating all of

the following that may apply:

i) athletic;

ii) business/economic;

iii) agriculture;

iv) art/music/performance;

v) science;

vi) gaming;

vii) religious;

viii)community service/social justice; and

ix) other;

d) the recommended meeting times, dates, and places;

e) a statement that the club will comply with the provisions of this part and all

other applicable laws, rules, or policies; and

f) a budget showing the amount and source of any funding provided or to be

provided to the club and its proposed use.

Name Approval—

A school may grant access to the club but condition such access on the

change of the club name to ensure that the club name:

1) accurately reflects the actual nature, purpose and activities of the club;

2) does not improperly imply school sponsorship or affiliation; or

3) will not result in undue disruption of school operations, subject students to

harassment or persecution, imply inappropriate association with any

non-school organizations or groups, or imply that the club would operate in

violation of laws or rules.

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) whose proposed application 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) If a school or the District limits or denies authorization to a club, the school or

the District shall provide, in writing, to the applicant the factual and legal basis

for the limitation or denial.

Faculty Oversight of Authorized Clubs—

1) A school shall approve the faculty sponsor, supervisor, or monitor for each

authorized curricular, noncurricular, and religious club to provide oversight

consistent with this Policy and the needs of the school to ensure that the

methods of expression, religious practices, or other conduct of the students or

advisors involved do not:

a) unreasonably interfere with the ability of school officials to maintain order

and discipline;

b) unreasonably endanger or threaten the well-being of persons or property;

c) violate concepts of civility or propriety appropriate to a school setting; or

d) violate applicable laws, rules, regulations, and policies.

2) Sponsors.

a) A school shall annually approve faculty members as sponsors of curricular

clubs.

b) Sponsors shall organize and direct the purpose and activities of a

curricular club.

3) Supervisors and monitors.

a) A school shall approve faculty members to serve as supervisors and

monitors for authorized noncurricular clubs.

b) A supervisor and monitor shall provide oversight to ensure compliance

with the approved club purposes, goals, and activities and with the

provisions of this part and other applicable laws, rules, and policies.

c) A monitor approved for a religious club may not participate in the activities

of the religious club, except to perform the supervisory role required by

this Policy.

d) The approval of a faculty supervisor or monitor does not constitute school

sponsorship of the club.

4) Without the prior approval by the school, a person who is not a school faculty

member or a club member may not:

a) make a presentation to a noncurricular club; or

b) direct, conduct, control, or regularly attend the meetings of a noncurricular

club.

Use of School Facilities by Clubs—

A school shall determine and assign school facilities use for curricular and

noncurricular clubs consistent with the needs of the school.

1) The following rules apply to curricular clubs:

a) in assigning school facilities use, the administrator may give priority to

curricular clubs over noncurricular clubs; and

b) the school may provide financial or other support to curricular clubs.

2) The following rules apply to noncurricular clubs:

a) a preference or priority may not be given among noncurricular clubs;

b) a school shall only provide the space for noncurricular club meetings;

c) a school may not spend public funds for noncurricular clubs, except as

required to implement the provisions of this part, including providing space

and faculty oversight for noncurricular clubs;

d) a school shall establish the noninstructional times during which

noncurricular clubs may meet;

e) a school may establish the places that noncurricular clubs may meet;

f) a school may set the number of hours noncurricular clubs may meet per

month, provided that all noncurricular clubs shall be treated equally; and

g) a school shall determine what access noncurricular clubs shall be given to

the school newspaper, yearbook, bulletin boards, or public address

system, provided that all noncurricular clubs shall be treated equally.

Club Membership—

A school shall require written parental or guardian consent for student

participation in all curricular and noncurricular clubs at the school.

1) Membership in curricular clubs is governed by the following rules:

a) membership may be limited to students who are currently attending the

sponsoring school or school district; and members who attend a school

other than the sponsoring school shall have, in addition to the consent

required under Utah Code § 53G-7-709, specific parental or guardian

permission for membership in a curricular club at another school;

b) curricular clubs may require that prospective members try out based on

objective criteria outlined in the application materials; and try-outs may not

require activities that violate the provisions of this Policy and other

applicable laws, rules, and policies;

c) other rules as determined by the State Board of Education, school district,

or school.

2) Membership in noncurricular clubs is governed by the following rules:

a) student membership in a noncurricular club is voluntary;

b) membership shall be limited to students who are currently attending the

school;

c) noncurricular clubs may require that prospective members try out based

on objective criteria outlined in the application materials; and try-outs may

not require activities that violate the provisions of this Policy and other

applicable laws, rules, and policies; and

d) other rules as determined by the State Board of Education, school district,

or school.

Materials Presented at Noncurricular Club Meetings—

A copy of any written or other media materials that were presented at a

noncurricular club meeting by a nonschool person shall be delivered to a school

administrator no later than 24 hours after the noncurricular club meeting and, if

requested, a student’s parent or legal guardian shall have an opportunity to

review those materials.

Parental or Guardian Consent—

A school shall require written parental or guardian consent for student

participation in all curricular and noncurricular clubs at the school.

1) The consent shall include an activity disclosure statement containing the

following information:

a) the specific name of the club;

b) a statement of the club’s purpose, goals, and activities;

c) a statement of the club’s categorization, which shall be obtained from the

application for authorization of a club in accordance with the provisions of

Utah Code §§ 53G-7-703 or 53G-7-704, indicating all of the following that

may apply:

i) athletic;

ii) business/economic;

iii) agriculture;

iv) art/music/performance;

v) science;

vi) gaming

vii) religious;

viii)community service/social justice; and

ix) other;

d) beginning and ending dates;

e) tentative schedule of the club activities with dates, times, and places

specified;

f) personal costs associated with the club, if any;

g) the name of the sponsor, supervisor, or monitor who is responsible for the

club; and

h) any additional information considered important for the students and

parents to know.

2) All completed parental consent forms shall be filed by the parent or the club’s

sponsor, supervisor, or monitor with the school’s principal or designee.

Violations – Investigations – School Responses—

1) A school shall investigate any written complaint that an authorized curricular

or noncurricular club is:

a) participating in activities beyond the scope of its purpose; or

b) in violation of a provision of this part or another applicable law, rule,

regulation, or policy.

2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor,

the students involved, and the person making the written complaint, if a

violation is substantiated, the school may do any of the following:

a) allow the club’s original statement of its purpose, goals, and activities to be

modified to include the activities if they are in compliance with the

provisions of this part and other applicable laws, rules, regulations, or

policies;

b) instruct the faculty sponsor, supervisor, or monitor not to allow similar

violations in the future;

c) limit or suspend the club’s authorization or school facilities use pending

further corrective action as determined by the school; or

d) terminate the club’s authorization and dissolve the club.

3) Any limitation on expression, practice, or conduct of any student, advisor, or

guest in a meeting of a curricular or noncurricular club, or limitation on school

facilities use, shall be by the least restrictive means necessary to satisfy the

school’s interests as identified in this part.

4) A club that has been terminated may not reapply for authorization until the

following school year.

5) A student who makes a false allegation or report under this section shall be

subject to school discipline.

Appeals—

1) Each completed application or written complaint shall be approved, denied, or

investigated by the school within a reasonable amount of time.

2) If an application or complaint is denied, written reasons for the denial or

results of the investigation shall be stated and, if appropriate, suggested

corrections shall be made to remedy the deficiency.

3) Each club that is denied school facilities use shall be informed at the time of

the denial of the factual and legal basis for the denial, and, if appropriate, how

the basis for the denial could be corrected.

4) If denied, suspended, or terminated, a club, student desirous of participating

or speaking, or a complaining parent or guardian, has ten school days from

the date of the denial, suspension, or termination to file a written appeal from

the denial, suspension, or termination to the Board of Education or its

designee.

5) The Board of Education or its designee shall issue a determination within a

reasonable amount of time from receipt of the appeal, which decision is final

and constitutes satisfaction of all administrative remedies unless the time for

evaluation is extended by agreement of all parties.

6) A person directly affected by a decision made in accordance with the

provisions of this part may appeal the decision by writing to the Board of

Education or its designee.

Construction of Policy with Respect to Certain Rights—

Nothing in this Policy is intended to:

183195720. Influence the form or content of any prayer or other religious

activity;

183195721. Require any person, student, or employee to participate in any

prayer or other religious activities;

183195722. Compel any school employee to attend a meeting of a noncurricular

student group if the content of the speech at the meeting is contrary to the

beliefs of the employee;

183195723. Sanction meetings that are otherwise unlawful; or

183195724. Abridge the constitutional rights of any person.