53G-7-705. Clubs -- Limitations and denials.

276 words·~1 min read·/ut/title-53g/chapter-7/53g-7-705

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(1)A school shall limit or deny authorization or school facilities use to a club, or require changes to the club's application before granting authorization or school facilities use:

(a)as the school determines 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 the student's or club's conduct or means of expression:

(i)encourage criminal or delinquent conduct;

(ii)promote bigotry;

(iii)involve human sexuality;

(iv)involve any effort to engage in or conduct mental health therapy, counseling, or psychological services for which a license is required under state law; or

(v)promote or encourage a prohibited discriminatory practice.

(2)A school has the primary 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 438 , 2026 General Session