1. PURPOSE AND PHILOSOPHY
Sevier School District provides the opportunity for students to participate in approved curricular and non-curricular school clubs. The purpose of this policy is to provide guidance to schools regarding authorization of student clubs as outlined in Utah law.
2. Definitions - UCA 53G-7-701
2.1 The following definitions apply to this Policy:
2.1.1 "Bigotry" means action or advocacy of imminent action involving:
2.1.1.1 the harassment or denigration of a person or entity; or
2.1.1.2 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.
2.1.1.3 "Club" means any student organization that meets during non-instructional time.
2.1.1.4 "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 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:
2.1.1.4.1 whose subject matter is taught or will soon be taught in a regular course;
2.1.1.4.2 whose subject matter concerns the body of courses as a whole;
2.1.1.4.3 in which participation is required for a particular course; or
2.1.1.4.4 in which participation results in academic credit.
2.1.2 "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.
2.1.3 "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.
2.1.4 "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.
2.1.5 "Involve human sexuality" means:
2.1.5.1 presenting information in violation of laws governing sex education, including Sections 53G-10-402 and 53E-7-203;
2.1.5.2 advocating or engaging in sexual activity outside of legally recognized marriage or forbidden by state law; or
2.1.5.3 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.
2.1.6 "Limited open forum" means a forum created by the District for student expression within the constraints of Subsection 53G-10-402(2)(b).
2.1.7 "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. UCA 53G-7-704
2.1.8 "Non-instructional time" means time set aside by a school before instructional time begins or after instructional time ends, including discretionary time.
2.1.9 "Non-curricular 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.
2.1.10 "School facilities use,” means access to a school facility, premises, or playing field. “School facilities use includes access to a limited open forum.
3. 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.
4. Delegation of Authority to Local Schools
The Board of Education hereby authorizes school administrators within Sevier District to review applications for club authorization on a case-by-case basis. Before granting an authorization, school administration shall verify 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. School Administration may request additional information from the faculty sponsor or the students if desired. School administration shall grant authorization and school facilities use to curricular and non-curricular clubs whose applications are found to meet the requirements of law, 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 the law, rules of the State Board of Education, and policies of the District. UCA 53G-7-706
5. 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 to the principal or designee. In addition to filing an initial application to form the club, each club must submit to the principal or a designee an application annually within twenty (20) days after the beginning of the school year.
6. Club Application for Authorization
6.1 Faculty members or students proposing a curricular or non-curricular club shall submit written application for authorization on a form approved by the Sevier School 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.
6.1.1 An application for authorization of a curricular club shall include:
the recommended club name, which must reasonably reflect the club's purpose, goals, activities, and school sponsorship;
6.1.2 a statement of the club's purpose, goals, and activities;
6.1.3 a statement of the club's categorization, which shall be included in the parental consent required under Utah Code. Ann., Section 53G-7-709, indicating all of the following that may apply:
6.1.3.1 athletic;
6.1.3.2 business/economic;
6.1.3.3 agriculture;
6.1.3.4 art/music/performance;
6.1.3.5 science;
6.1.3.6 gaming;
6.1.3.7 religious;
6.1.3.8 community service/social justice; and
6.1.3.9 other
6.1.4 the recommended meeting times, dates, and places;
6.1.5 a statement that the club will comply with the provisions of this part and all other applicable laws, rules, or policies; and
6.1.6 a budget showing the amount and source of any funding provided or to be provided to the club and its proposed use.
6.2 If the school administration determines that the proposed club is a non-curricular club, the school may:
6.2.1 return the application to the faculty member or students proposing the club for amendment; or
6.2.2 review the application as an application for authorization of a non-curricular club.
6.3 Only curricular clubs are authorized for elementary schools.
6.4 The school or district has the right to deny the authorization of a club or require changes to the club before authorization is granted as provided for in UCA 53G-7-705.
6.5 Charges made for club activities may not be excessive to the exclusion of otherwise eligible members.
6.6 All costs, payments, collection of dues, or other money matters shall follow Sevier School District financial procedures
7 Name Approval
7.1 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:
7.1.1 accurately reflects the actual nature, purpose, and activities of the club;
7.1.2 does not improperly imply school sponsorship or affiliation; or
7.1.3 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.
8 Limitations and Denials
8.1 School administration shall limit or deny authorization or school facilities use to a club or require changes prior to granting authorization or school facilities use in order to:
8.1.1 protect the physical, emotional, psychological, or moral well-being of students and faculty;
8.1.2 maintain order and discipline on school premises;
8.1.3 prevent a material and substantial interference with the orderly conduct of a school's educational activities;
8.1.4 protect the rights of parents or guardians and students;
8.1.5 maintain the boundaries of socially appropriate behavior; or
8.1.6 ensure compliance with all applicable laws, rules, regulations, and policies.
8.2 School administration shall ensure that the proposed application and proposed activities will not involve students or advisors in club related activities which:
8.2.1 encourage criminal or delinquent conduct;
8.2.2 promote bigotry;
8.2.3 involve human sexuality; or
8.2.4 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.
8.3 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.
9 Faculty Oversight of Authorized Clubs
9.1 School administration shall approve the faculty sponsor, supervisor, or monitor for each authorized curricular and non-curricular 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: UCA 53G-7-706, UCA 53G-7-706(2)(a)
9.1.1 unreasonably interfere with the ability of school officials to maintain order and discipline;
9.1.2 unreasonably endanger or threaten the well-being of persons or property;
9.1.3 violate concepts of civility or propriety appropriate to a school setting; or
9.1.4 violate applicable laws, rules, regulations, and policies.
9.2 Curricular Clubs – Faculty Sponsors.
9.2.1 School administration shall annually approve faculty members as sponsors of curricular clubs. Faculty sponsors shall organize and direct the purpose and activities of a curricular club.
9.3 Non-curricular Clubs – Faculty Supervisors
9.3.1 School Administration shall annually approve faculty members to serve as supervisors and monitors of authorized non-curricular clubs. Faculty supervisors shall provide oversight to ensure compliance with the approved club purposes, goals, and activities and with the provisions of this policy and other applicable laws, rules, and District policies. The approval of a faculty supervisor does not constitute school sponsorship of the club.
9.4 Non-curricular Religious Clubs – Faculty Monitors
9.4.1 School Administration shall annually approve faculty members to serve as monitors of authorized non-curricular religious clubs. Faculty monitors shall provide oversight to ensure compliance with the approved club purposes, goals, and activities and with the provisions of this policy and other applicable laws, rules, and District policies. A faculty monitor may not participate in the activities of the religious club, except to perform the supervisory role required by this policy. The approval of a faculty supervisor or monitor does not constitute school sponsorship of the club.
9.5 A person who is not a school faculty member or a club member must receive prior approval from the school administration to:
9.5.1 make a presentation to a non-curricular club; or
9.5.2 direct, conduct, control, or regularly attend the meetings of a non-curricular club.
10 Use of School Facilities by Clubs
10.1 A school shall determine and assign school facilities use for curricular and non-curricular clubs consistent with the needs of the school.
10.1.1 The following rules apply to curricular clubs:
10.1.1.1 In assigning school facilities use, the administrator may give priority to curricular clubs over non-curricular clubs; and
10.1.1.2 The school may provide financial or other support to curricular clubs.
10.1.2 The following rules apply to non-curricular clubs:
10.1.2.1 A preference or priority may not be given among non-curricular clubs;
10.1.2.2 A school shall only provide the space for non-curricular club meetings;
10.1.2.3 A school may not spend 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;
10.1.2.4 A school shall establish the non-instructional times during which non-curricular clubs may meet;
10.1.2.5 A school may establish the places that non-curricular clubs may meet;
10.1.2.6 A school may set the number of hours non-curricular clubs may meet per month, provided that all non-curricular clubs shall be treated equally; and
10.1.2.7 A school 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.
11 CLUB MEMBERSHIP
11.1 Membership in curricular and non-curricular clubs is governed by the following rules:
11.1.1 Student membership is voluntary.
11.1.2 Club membership shall be limited to students who are currently attending the school.
11.1.3 Clubs may require that prospective members tryout or submit application subject to objective criteria. Try-outs and application criteria may not require activities that violate the provisions of this policy and other applicable laws, rules, and district policies.
11.1.4 Additional rules may be implemented as determined by the Utah State Board of Education, Sevier School District, or the school.
11.1.5 Written parent/guardian consent is required for student participation in all curricular and non-curricular clubs at the school. UCA 53G-7-708(1)
12 MATERIALS PRESENTED AT NON-CURRICULAR CLUB MEETINGS
A copy of any written or other media materials that were presented by a non-school person at a non-curricular club meeting shall be delivered to a school administrator no later than twenty-four (24) hours prior to the non-curricular club meeting; and, if requested, a student’s parent/guardian shall have an opportunity to review those materials.
13. PARENTAL / GUARDIAN CONSENT
13.1 Parent/guardian consent shall include an activity disclosure statement containing the following information:
13.1.1 the specific name of the club;
13.1.2 a statement of the club's purpose, goals, and activities;
13.1.3 a statement of the club's classification, indicating the following that may apply: (a) athletic; (b) business/economic; (c) agriculture; (d) art/music/performance; (e) science; (f) games; (g) religious; (h) community service/social justice; and (i) other;
13.1.4 beginning and ending dates;
13.1.5 a tentative schedule of the club activities with dates, times, and places specified;
13.1.5.1 personal costs associated with the club, if any;
13.1.5.2 the name of the faculty sponsor, faculty supervisor, or faculty monitor who is responsible for the club; and
13.1.5.3 any additional information considered important for the students and parents/guardians to know.
13.1.6 All completed consent forms shall be filed by the parent/guardian or the club's faculty sponsor, faculty supervisor, or faculty monitor with the school's principal or designee.
14 VIOLATIONS; INVESTIGATIONS; SCHOOL RESPONSES
14.1 School administration shall investigate any written complaint that an authorized curricular or non-curricular club is:
14.1.1 participating in activities beyond the scope of its purpose; or
14.1.2 in violation of a provision of this policy or another applicable law, rule, regulation, or district policy.
14.2 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 administration may do any of the following:
14.2.1 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 policy and other applicable laws, rules, regulations, or district policies;
14.2.2 instruct the faculty sponsor, faculty supervisor, or faculty monitor not to allow similar violations in the future;
14.2.3 limit or suspend the club's authorization or school building use pending further corrective action as determined by the school administration; or
14.2.4 terminate the club's authorization and dissolve the club.
14.2.5 Any limitation of 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 policy.
14.2.6 A club that has been terminated may not reapply for authorization until the following school year.
14.2.7 A student who makes a false allegation or report under this section shall be subject to school discipline.
15. APPEALS
15.1 Each completed application or complaint shall be approved, denied, or investigated by the school administration within a reasonable amount of time.
15.2 If an application is denied or a complaint is verified, written reasons for the
15.3 denial or results of the investigation shall be stated; and, if appropriate, suggested corrections shall be made to remedy the deficiency.
15.4 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.
15.5 If a club is denied, suspended, or terminated, the applicant has ten (10) school days from the date of the denial, suspension, or termination to file a written appeal to Sevier School District’s Assistant Superintendent.
15.6 The Assistant Superintendent 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.
16. CONSTRUCTION OF POLICY
16.1 Nothing in this policy is intended to:
16.1.1 influence the form or content of any prayer or other religious activity;
16.1.2 require any person, student, or employee to participate in any prayer or other religious activities;
16.1.3 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;
16.1.4 sanction meetings that are otherwise unlawful; or
16.1.5 abridge the constitutional rights of any person.
Approved 01/15/14
