Adopted: 11-14-07
Revised: 12-8-10
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Philosophy
The South Sanpete Board of Education has determined that the educational goals of the School District are furthered by recognizing curricular clubs and those non-curricular student groups which aid students in the development of life-long skills and talents; demonstrate positive, wholesome attitudes and integrity; teach the value of fair and honest competition; and instill self-esteem.
Definitions
The following definitions apply to this Policy:
1. 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 violates the standards of conduct outlined by law.
2. Club means any student organization that meets during non-instructional time.
3. Curricular Club means a club that is school sponsored and that may receive leadership, direction, and support from the school or District beyond providing a meeting place during non-instructional 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.
4. 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.
5. 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.
6. 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.
7. Human Sexuality means:
a. presenting information in violation of laws governing sex education, including Sections 53A-13-101 and 53A-13-302;
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.
8. Limited Open Forum means a forum created by the District for student expression within the constraints of Subsection 53A-13-101.3(2)(b).
9. Non-curricular Club is a student-initiated group that may be authorized and allowed school building use during non-instructional time in secondary schools by a school and school governing board in accordance with law. A non-curricular club's meetings, ideas, and activities are not sponsored or endorsed in any way by the Board, the District or District employees. A non-curricular club shall have a minimum of three members.
10. Non-instructional Time means time set aside by a school before instructional time begins or after instructional time ends, including discretionary time.
11. Religious Club means a non-curricular club designated in its application as either being religiously based or based on expression or conduct mandated by conscience.
12. School Building Use means access to a school facility or premises, including access to a limited open forum.
Policy
The purpose of this Policy shall provide guidance to schools regarding the authorization of curricular and non-curricular school clubs in accordance with the "School Clubs Act" contained in Utah Code 53A-11-(1202-1212). Clubs or activities that are organized to pursue high-risk activities; such as those defined by the State Division of Risk Management, will not be sponsored by the school or District. Clubs or organizations that are not recognized or part of the school or District are prohibited from using the name of the school, the District, school uniforms, equipment, or the school mascot/logo to describe, advertise or in any way connect the organization to the school or the District.
Limited Open Forum and Reservation of Right to Close Forum
Schools within the District may establish 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 non-curricular club, and that the proposed club's purpose and activities comply with this Policy. A school shall grant authorization and school building use to curricular and non-curricular 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 building 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
Each student group/advisor seeking to establish a new club under this Policy must submit a "Club Application for Authorization Form" (IGDA-1) to the principal within 20 school days after the beginning of a school semester.
To maintain an active club status on a year-to-year basis, the club's advisor must meet with the principal annually within 20 school days after the beginning of a school semester and do the following: (1) review the current Club Application for Authorization Form IGDA-l; (2) if there are substantial changes in the club's purpose, advisor, program, activities, status, goals, etc., the advisor must resubmit a new Form IGDA-1 to be approved; (3) the advisor must submit a roster of current club members and have all new club members complete a Parent/Guardian Consent Form IGDA-2.
Clubs that become inactive for one school year will have their authorization revoked and will have to go through the application process again to be reinstated.
Club Approval Process
Once a Club Application (IGDA-1) has been submitted to the principal, the principal shall review the application and then make a recommendation to the Board of Education to approve or not to approve the proposed club.
Club Application for Authorization
Faculty members or students proposing a club shall submit written application for authorization on a form approved by the District (Policy IGDA-1). However, clubs whose membership is determined by student body election or clubs that are governed by an association that regulates interscholastic activities or clubs that a school regularly sponsors are exempted from these application requirements.
1. An application for authorization of a curricular club or a non-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 (curricular or non-curricular), which shall be included in the parental consent required under Section 53A-11-1210, indicating all of the following that may apply to the club's purpose, goals, and activities:
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 a club has been categorized incorrectly, the school may:
a. return the application to the faculty member or students proposing the club for amendment; or
b. change the categorization and review the application with the school's amendment.
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 building use to a club or require changes prior to granting authorization or school building 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 advisor, supervisor or monitor for each authorized curricular, non-curricular, 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. 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. The principal shall annually approve faculty members as sponsors of curricular clubs.
b. Sponsors/Advisors shall organize and direct the purpose and activities of a curricular club.
3. Supervisors and monitors.
a. A principal shall approve faculty members to serve as advisors, supervisors and monitors for authorized non-curricular clubs.b. An advisor, supervisor or 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. An advisor, supervisor or 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 advisor, supervisor or monitor does not constitute school sponsorship of the club.
4. Without the prior approval by the principal, a person who is not a school faculty member or a club member may not:
a. make a presentation to a non-curricular club; or
b. direct, conduct, control, or regularly attend the meetings of a non-curricular club.
Use of School Facilities by Clubs
A principal shall determine and assign school building use for curricular and non-curricular clubs consistent with the needs of the school.
1. The following rules apply to curricular clubs:
a. in assigning school building use, the administrator may give priority to curricular clubs over non-curricular clubs; and
b. the school may provide financial or other support to curricular clubs.
2. The following rules apply to non-curricular clubs:
a. a preference or priority may not be given among non-curricular clubs;
b. a school shall only provide the space for non-curricular club meetings;
c. a principal may not allocate public funds for non-curricular clubs, except as required to implement the provisions of this part, including providing space and faculty oversight for non-curricular clubs;
d. a principal shall establish the non-instructional times during which non-curricular clubs may meet;
e. a principal may establish the places that non-curricular clubs may meet;
f. a principal may set the number of hours non-curricular clubs may meet per month, provided that all non-curricular clubs shall be treated equally; and
g. a principal shall determine what access non-curricular clubs shall be given to the school newspaper, yearbook, bulletin boards, or public address system, provided that all non-curricular clubs shall be treated equally.
Club Membership
Membership in curricular clubs is governed by the following rules:
1. membership will be limited to students who are currently attending the sponsoring school or District;
2. curricular clubs may require that prospective members tryout based on objective criteria outlined in the application materials; and tryouts may not require activities that violate the provisions of this Policy and other applicable laws, rules, and policies;
3. other rules as determined by the State Board of Education, the District, or school.
4. Membership in non-curricular clubs is governed by the following rules:
a. student membership in a non-curricular club is voluntary;
b. membership shall be limited to students who are currently attending the school;
c. non-curricular clubs may require that prospective members tryout based on objective criteria outlined in the application materials; and tryouts 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.
Parental or Guardian Consent
The principal shall require written parental or guardian consent for student participation in all curricular and non-curricular school clubs using Form IGDA-2. Copies of these Consent Forms shall be kept by the club's advisor/supervisor and the principal. Once this form is initially signed by the parent/guardian, a student may continue to be a member of the club on a year-to-year basis providing: (1) a parent/guardian continues their consent, (2) club rules and guidelines are followed, and/or (3) the status and purpose of the club does not change.
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 (curricular or non-curricular), which shall be obtained from the application for authorization of a club in accordance with the provisions of Section 53A-11-1204 or 53A-11-1205, indicating all of the following that may apply to the club's purpose and activities:
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;
h. any additional information considered important for the students and parents to know; and
Violations, Investigations and School Responses
1. A school shall investigate any written complaint that an authorized curricular or non-curricular 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 building 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 non-curricular club, or limitation on school building 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.
Materials Presented at Non-Curricular Club Meetings
A copy of any written or other media materials that plans to be presented at a non-curricular club meeting by a non-school person shall be delivered to a school administrator no later than 24 hours prior to the non-curricular club meeting and, if requested, a student's parent or legal guardian shall have an opportunity to review those materials, too.
Appeals
1. Each completed application or written complaint shall be approved, denied, or investigated by the school administration 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 building 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:
1. Influence the form or content of any prayer or other religious activity;
2. Require any person, student, or employee to participate in any prayer or other religious activities;
3. Compel any school employee to attend a meeting of a non-curricular student group if the content of the speech at the meeting is contrary to the beliefs of the employee;
4. Sanction meetings that are otherwise unlawful; or
5. Abridge the constitutional rights of any person.