Fourth Substitute H.B. 236

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 19, 2007 at 10:52 AM by rday. -->

Representative Aaron Tilton proposes the following substitute bill:

1 STUDENT CLUBS AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Aaron Tilton
5 Senate Sponsor: D. Chris Buttars
6
7 LONG TITLE
8 General Description:
9 This bill modifies the State System of Public Education Code's regulation of curricular
10 and noncurricular clubs.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . provides requirements and procedures for the authorization of curricular and
15 noncurricular clubs;
16 . regulates the use of school buildings by authorized clubs;
17 . provides for faculty oversight of authorized clubs;
18 . provides requirements for club membership, including parental consent;
19 . requires the investigation of complaints, provides school options for violations, and
20 establishes appeals procedures;
21 . allows additional rulemaking by the State Board of Education and provides
22 additional rulemaking authority for local school governing boards;
23 . provides severability; and
24 . makes technical corrections.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53A-3-420, as enacted by Chapter 19, Laws of Utah 1999
32 53A-13-101.2, as last amended by Chapter 10, Laws of Utah 1996, Second Special
33 Session
34 ENACTS:
35 53A-11-1201, Utah Code Annotated 1953
36 53A-11-1202, Utah Code Annotated 1953
37 53A-11-1203, Utah Code Annotated 1953
38 53A-11-1204, Utah Code Annotated 1953
39 53A-11-1205, Utah Code Annotated 1953
40 53A-11-1206, Utah Code Annotated 1953
41 53A-11-1207, Utah Code Annotated 1953
42 53A-11-1208, Utah Code Annotated 1953
43 53A-11-1209, Utah Code Annotated 1953
44 53A-11-1210, Utah Code Annotated 1953
45 53A-11-1211, Utah Code Annotated 1953
46 53A-11-1212, Utah Code Annotated 1953
47 53A-11-1213, Utah Code Annotated 1953
48 53A-11-1214, Utah Code Annotated 1953
49 REPEALS:
50 53A-3-419, as enacted by Chapter 10, Laws of Utah 1996, Second Special Session
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53A-3-420 is amended to read:
54 53A-3-420. Activity disclosure statements.
55 (1) A local school board shall require the development of activity disclosure statements
56 for each school-sponsored group[, club,] or program which involves students and faculty in

57 grades 9 through 12 in contests, performances, events, or other activities that require them to
58 miss normal class time or takes place outside regular school time.
59 (2) The activity disclosure statements shall be disseminated to the students desiring
60 involvement in the specific activity or to the students' parents or legal guardians or to both
61 students and their parents.
62 (3) An activity disclosure statement shall contain the following information:
63 (a) the specific name of the [club,] team, group, or activity;
64 (b) the maximum number of students involved;
65 (c) whether or not tryouts are used to select students, specifying date and time
66 requirements for tryouts, if applicable;
67 (d) beginning and ending dates of the activity;
68 (e) a tentative schedule of the events, performances, games, or other activities with
69 dates, times, and places specified if available;
70 (f) if applicable, designation of any nonseason events or activities, including an
71 indication of the status, required, expected, suggested, or optional, with the dates, times, and
72 places specified;
73 (g) personal costs associated with the activity;
74 (h) the name of the school employee responsible for the activity; and
75 (i) any additional information considered important for the students and parents to
76 know.
77 Section 2. Section 53A-11-1201 is enacted to read:
78 Part 12. Student Clubs Act
79 53A-11-1201. Title.
80 This part is known as the "Student Clubs Act."
81 Section 3. Section 53A-11-1202 is enacted to read:
82 53A-11-1202. Definitions.
83 As used in this part:
84 (1) "Bigotry" means action or advocacy of imminent action involving:
85 (a) the harassment or denigration of a person or entity; or
86 (b) any intent to cause a person not to freely enjoy or exercise any right secured by the
87 constitution or laws of the United States or the state, except that an evaluation or prohibition

88 may not be made of the truth or falsity of any religious belief or expression of conscience
89 unless the means of expression or conduct arising therefrom violates the standards of conduct
90 outlined in this section, Section 53A-13-101.3 , or 20 U.S.C. Section 4071(f).
91 (2) "Club" means any student organization that meets during noninstructional time.
92 (3) "Conscience" means a standard based upon learned experiences, a personal
93 philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
94 right and wrong which is felt on an individual basis, a belief in an external absolute, or any
95 combination of the foregoing.
96 (4) "Curricular club" means a club that is school sponsored and that may receive
97 leadership, direction, and support from the school or school district beyond providing a
98 meeting place during noninstructional time. An elementary school curricular club means a club
99 that is organized and directed by school sponsors at the elementary school. A secondary school
100 curricular club means a club:
101 (a) whose subject matter is taught or will soon be taught in a regular course;
102 (b) whose subject matter concerns the body of courses as a whole;
103 (c) in which participation is required for a particular course; or
104 (d) in which participation results in academic credit.
105 (5) (a) "Discretionary time" means school-related time for students that is not
106 instructional time.
107 (b) "Discretionary time" includes free time before and after school, during lunch and
108 between classes or on buses, and private time before athletic and other events or activities.
109 (6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
110 imminent action that violates any law or administrative rule.
111 (b) "Encourage criminal or delinquent conduct" does not include discussions
112 concerning changing of laws or rules, or actions taken through lawfully established channels to
113 effectuate such change.
114 (7) (a) "Instructional time" means time during which a school is responsible for a
115 student and the student is required or expected to be actively engaged in a learning activity.
116 (b) "Instructional time" includes instructional activities in the classroom or study hall
117 during regularly scheduled hours, required activities outside the classroom, and counseling,
118 private conferences, or tutoring provided by school employees or volunteers acting in their

119 official capacities during or outside of regular school hours.
120 (8) "Involve human sexuality" means:
121 (a) presenting information in violation of laws governing sex education, including
122 Sections 53A-13-101 and 53A-13-302 ;
123 (b) advocating or engaging in sexual activity outside of legally recognized marriage or
124 forbidden by state law; or
125 (c) presenting or discussing information relating to the use of contraceptive devices or
126 substances, regardless of whether the use is for purposes of contraception or personal health.
127 (9) "Limited open forum" means a forum created by a district for student expression
128 within the constraints of Subsection 53A-13-101.3 (2)(b).
129 (10) "Noncurricular club" is a student initiated group that may be authorized and
130 allowed school building use during noninstructional time in secondary schools by a school and
131 school governing board in accordance with the provisions of this part. A noncurricular club's
132 meetings, ideas, and activities are not sponsored or endorsed in any way by a school governing
133 board, the school, or by school or school district employees.
134 (11) "Noninstructional time" means time set aside by a school before instructional time
135 begins or after instructional time ends, including discretionary time.
136 (12) "Religious club" means a club designated in its application as either being
137 religiously based or based on expression or conduct mandated by conscience.
138 (13) "School" means a public school, including a charter school.
139 (14) "School building use" means access to a school facility or premises, including
140 access to a limited open forum.
141 (15) "School governing board" means a local school board or charter school board.
142 Section 4. Section 53A-11-1203 is enacted to read:
143 53A-11-1203. Student clubs -- Limited open forum -- Authorization.
144 (1) (a) A school may establish and maintain a limited open forum for student clubs
145 pursuant to the provisions of this part, State Board of Education rules, and school governing
146 board policies.
147 (b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
148 create a closed forum at any time by allowing curricular clubs only.
149 (2) (a) A school shall review applications for authorization of clubs on a case-by-case

150 basis.
151 (b) Before granting an authorization, the school shall find:
152 (i) that the proposed club meets this part's respective requirements of a curricular club
153 or a noncurricular club; and
154 (ii) that the proposed club's purpose and activities comply with this part.
155 (c) Before granting an authorization, a school may request additional information from
156 the faculty sponsor, from students proposing the club, or from its school governing board, if
157 desired.
158 (3) A school shall grant authorization and school building use to curricular and
159 noncurricular clubs whose applications are found to meet the requirements of this part, rules of
160 the State Board of Education, and policies of the school governing board and shall limit or
161 deny authorization or school building use to proposed clubs that do not meet the requirements
162 of this part, rules of the State Board of Education, and policies of the school governing board.
163 Section 5. Section 53A-11-1204 is enacted to read:
164 53A-11-1204. Curricular clubs -- Authorization.
165 (1) Faculty members or students proposing a curricular club shall submit written
166 application for authorization on a form approved by the school governing board no later than
167 October 15 of the year of the club's inception.
168 (2) A school governing board may exempt a club whose membership is determined by
169 student body election or a club that is governed by an association that regulates interscholastic
170 activities from the authorization requirements under this section.
171 (3) An application for authorization of a curricular club shall include:
172 (a) the recommended club name;
173 (b) a statement of the club's purpose, goals, and activities;
174 (c) a statement of the club's categorization, which shall be included in the parental
175 consent required under Section 53A-11-1210 , indicating all of the following that may apply:
176 (i) athletic;
177 (ii) business/economic;
178 (iii) agriculture;
179 (iv) art/music/performance;
180 (v) science;

181 (vi) gaming;
182 (vii) religious; and
183 (viii) other;
184 (d) the recommended meeting times, dates, and places;
185 (e) the proposed club charter, constitution, or bylaws which shall include at least:
186 (i) the rules of organization;
187 (ii) the election of officers;
188 (iii) objective membership criteria;
189 (iv) meeting rules of order;
190 (v) procedures for amending the rules; and
191 (vi) a statement that the club will comply with the provisions of this part and all other
192 applicable laws, rules, or policies; and
193 (f) a budget showing the amount and source of any funding provided or to be provided
194 to the club and its proposed use.
195 (4) The proposed club charter, constitution, or bylaws required under this section may
196 be as brief as a single page so long as it contains the items described in Subsections(3)(e)(i)
197 through (vi).
198 (5) A school shall approve the name of a curricular club consistent with the club's
199 purposes and its school sponsorship.
200 (6) (a) A school shall determine curriculum relatedness by strictly applying this part's
201 definition of curricular club to the club application.
202 (b) If the school finds that the proposed club is a curricular club, the school shall
203 continue to review the application as an application for authorization of a curricular club.
204 (c) If the school finds that the proposed club is a noncurricular club, the school may:
205 (i) return the application to the faculty member or students proposing the club for
206 amendment; or
207 (ii) review the application as an application for authorization of a noncurricular club.
208 (7) (a) Only curricular clubs may be authorized for elementary schools.
209 (b) A school governing body may limit, or permit a secondary school to limit, the
210 authorization of clubs at the secondary school to only curricular clubs.
211 Section 6. Section 53A-11-1205 is enacted to read:

212 53A-11-1205. Noncurricular clubs -- Annual authorization.
213 (1) A noncurricular club shall have a minimum of three members.
214 (2) Students proposing a noncurricular club shall submit a written application for
215 authorization on a form approved by the school governing board no later than October 15 of
216 each year.
217 (3) An application for authorization of a noncurricular club shall include:
218 (a) the recommended club name;
219 (b) a statement of the club's purpose, goals, and activities;
220 (c) a statement of the club's categorization, which shall be included in the parental
221 consent required under Section 53A-11-1210 , indicating all of the following that may apply:
222 (i) athletic;
223 (ii) business/economic;
224 (iii) agriculture;
225 (iv) art/music/performance;
226 (v) science;
227 (vi) gaming;
228 (vii) religious; and
229 (viii) other;
230 (d) the recommended meeting times, dates, and places;
231 (e) the proposed club charter, constitution, or bylaws, which shall include at least:
232 (i) the rules of organization;
233 (ii) the election of officers;
234 (iii) objective membership criteria;
235 (iv) meeting rules of order;
236 (v) procedures for amending the rules; and
237 (vi) a statement that the club will comply with the provisions of this part and all other
238 applicable laws, rules, or policies; and
239 (f) a budget showing the amount and source of any funding provided or to be provided
240 to the club and its proposed use.
241 (4) The proposed club charter, constitution, or bylaws required under this section may
242 be as brief as a single page so long as it contains the items described in Subsections(3)(e)(i)

243 through (vi).
244 (5) (a) A school governing board may provide for approval of a noncurricular club
245 name in an action separate from that relating to authorization of the club itself.
246 (b) A school governing board shall require:
247 (i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
248 activities; and
249 (ii) that the noncurricular club name shall be a name that would not result in or imply a
250 violation of this part.
251 Section 7. Section 53A-11-1206 is enacted to read:
252 53A-11-1206. Clubs -- Limitations and denials.
253 (1) A school shall limit or deny authorization or school building use to a club or
254 require changes prior to granting authorization or school building use:
255 (a) as the school determines it to be necessary to:
256 (i) protect the physical, emotional, psychological, or moral well-being of students and
257 faculty;
258 (ii) maintain order and discipline on school premises;
259 (iii) prevent a material and substantial interference with the orderly conduct of a
260 school's educational activities;
261 (iv) protect the rights of parents or guardians and students;
262 (v) maintain the boundaries of socially appropriate behavior; or
263 (vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
264 (b) whose proposed charter and proposed activities indicate students or advisors in club
265 related activities would as a substantial, material, or significant part of their conduct or means
266 of expression:
267 (i) encourage criminal or delinquent conduct;
268 (ii) promote bigotry;
269 (iii) involve human sexuality; or
270 (iv) involve any effort to engage in or conduct mental health therapy, counseling, or
271 psychological services for which a license would be required under state law.
272 (2) A school governing board has the authority to determine whether any club meets
273 the criteria of Subsection (1).

274 (3) If a school or school governing board limits or denies authorization to a club, the
275 school or school governing board shall provide, in writing, to the applicant the factual or legal
276 basis for the limitation or denial.
277 (4) A student's spontaneous expression of sentiments or opinions otherwise identified
278 in Subsection 53A-13-302 (1) is not prohibited.
279 Section 8. Section 53A-11-1207 is enacted to read:
280 53A-11-1207. Faculty oversight of authorized clubs.
281 (1) A school shall make faculty assignments for each authorized curricular and
282 noncurricular club to provide oversight consistent with this part and the needs of the school to
283 ensure that the methods of expression, religious practices, or other conduct of the students or
284 advisors involved do not:
285 (a) unreasonably interfere with the ability of school officials to maintain order and
286 discipline;
287 (b) unreasonably endanger or threaten the well-being of persons or property;
288 (c) violate concepts of civility or propriety appropriate to a school setting; or
289 (d) violate applicable laws, rules, regulations, and policies.
290 (2) (a) A school employee assigned to provide oversight to a club may not be required
291 to do so if the assignment would violate the conscience of the employee.
292 (b) The decision of the employee in accordance with Subsection (2)(a) is not subject to
293 review nor may it be used as a basis for any negative evaluation of the employee.
294 (3) (a) A school shall annually assign faculty members as sponsors of curricular clubs.
295 (b) Faculty sponsors shall organize and direct the purpose and activities of a curricular
296 club.
297 (4) (a) A school shall assign faculty members to serve as supervisors for authorized
298 noncurricular clubs.
299 (b) A faculty supervisor shall provide oversight to ensure compliance with the
300 approved club charter, constitution, or bylaws and with the provisions of this part and other
301 applicable laws, rules, and policies.
302 (c) The assignment of a faculty supervisor does not constitute school sponsorship of
303 the club.
304 (d) A faculty supervisor assigned to a religious club may not participate in the activities

305 of the religious club, except to perform the supervisory role required by this section.
306 Section 9. Section 53A-11-1208 is enacted to read:
307 53A-11-1208. Use of school facilities by clubs.
308 (1) A school shall determine and assign school building use for curricular and
309 noncurricular clubs consistent with the needs of the school.
310 (2) The following rules apply to curricular clubs:
311 (a) in assigning school building use, the administrator may give priority to curricular
312 clubs over noncurricular clubs; and
313 (b) the school may provide financial or other support to curricular clubs.
314 (3) The following rules apply to noncurricular clubs:
315 (a) a preference or priority may not be given among noncurricular clubs;
316 (b) (i) a school shall only provide the space for noncurricular club meetings; and
317 (ii) a school may not spend public funds for noncurricular clubs, except as required to
318 implement the provisions of this part, including providing space and faculty oversight for
319 noncurricular clubs;
320 (c) a school shall establish the noninstructional times during which noncurricular clubs
321 may meet;
322 (d) a school may establish the places that noncurricular clubs may meet;
323 (e) a school may set the number of hours noncurricular clubs may meet per month,
324 provided that all noncurricular clubs shall be treated equally; and
325 (f) a school shall determine what access noncurricular clubs shall be given to the
326 school newspaper, yearbook, bulletin boards, or public address system, provided that all
327 noncurricular clubs shall be treated equally.
328 Section 10. Section 53A-11-1209 is enacted to read:
329 53A-11-1209. Club membership.
330 (1) A school shall require written parental or guardian consent for student participation
331 in all curricular and noncurricular clubs at the school.
332 (2) Membership in curricular clubs is governed by the following rules:
333 (a) student membership in a curricular club is voluntary;
334 (b) (i) membership may be limited to students who are currently attending the
335 sponsoring school or school district; and

336 (ii) members who attend a school other than the sponsoring school shall have, in
337 addition to the consent required under Section 53A-11-1210 , specific parental or guardian
338 permission for membership in a curricular club at another school;
339 (c) (i) S. curricular .S clubs may require that prospective members try out based on
339a objective criteria
340 outlined in the application materials; and
341 (ii) try-outs may not require activities that violate the provisions of this part and other
342 applicable laws, rules, and policies; and
343 (d) other rules as determined by the State Board of Education, school district, or
344 school.
345 (3) Membership in noncurricular clubs is governed by the following rules:
346 (a) student membership in a noncurricular club is voluntary;
347 (b) membership shall be limited to students who are currently attending the school;
348 (c) (i) S. noncurricular .S clubs may require that prospective members try out based on
348a objective criteria
349 outlined in the application materials; and
350 (ii) try-outs may not require activities that violate the provisions of this part and other
351 applicable laws, rules, and policies;
352 (d) (i) attendance or participation in S. noncurricular .S club meetings or activities is
352a limited to members,
353 except that nonschool persons may attend on occasion to make presentations if approved in
354 advance by a school administrator;
355 (ii) nonschool persons may not direct, conduct, control, or regularly attend meetings or
356 activities of S. noncurricular .S clubs; and
357 (iii) a copy of any written or other media materials that were presented at a
357a S. noncurricular .S club
358 meeting by a nonschool person shall be delivered to a school administrator no later than 24
359 hours after the S. noncurricular .S club meeting and, if requested, a student's parent or legal
359a guardian shall have an
360 opportunity to review those materials; and
361 (e) other rules as determined by the State Board of Education, school district, or
362 school.
363 Section 11. Section 53A-11-1210 is enacted to read:
364 53A-11-1210. Parental consent.
365 (1) A school shall require written parental or guardian consent for student participation
366 in all curricular and noncurricular clubs at the school.

367 (2) The consent described in Subsection (1) shall include an activity disclosure
368 statement containing the following information:
369 (a) the specific name of the club;
370 (b) a statement of the club's purpose, goals, and activities;
371 (c) a statement of the club's categorization, which shall be obtained from the
372 application for authorization of a club in accordance with the provisions of Section
373 53A-11-1204 or 53A-11-1205 , indicating all of the following that may apply:
374 (i) athletic;
375 (ii) business/economic;
376 (iii) agriculture;
377 (iv) art/music/performance;
378 (v) science;
379 (vi) gaming;
380 (vii) religious; and
381 (viii) other;
382 (d) beginning and ending dates of the activity;
383 (e) a tentative schedule of the club activities with dates, times, and places specified;
384 (f) personal costs associated with the club, if any;
385 (g) the name of the school employee responsible for the club; and
386 (h) any additional information considered important for the students and parents to
387 know.
388 (3) All completed parental consent forms shall be filed by the parent or the club's
389 faculty sponsor, supervisor, or monitor with the school's principal, the chief administrative
390 officer of a charter school, or their designee.
391 Section 12. Section 53A-11-1211 is enacted to read:
392 53A-11-1211. Violations -- Investigations -- School responses.
393 (1) A school shall investigate any report or allegation that an authorized curricular or
394 noncurricular club is:
395 (a) participating in activities beyond the scope of its charter, constitution, or bylaws; or
396 (b) in violation of a provision of this part or another applicable law, rule, regulation, or
397 policy.

398 (2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
399 students involved, and the person making the report or allegation, if a violation is substantiated,
400 the school may do any of the following:
401 (a) allow the club's original charter, constitution, or bylaws to be modified to include
402 the activities if they are in compliance with the provisions of this part and other applicable
403 laws, rules, regulations, or policies;
404 (b) instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in
405 the future;
406 (c) limit or suspend the club's authorization or school building use pending further
407 corrective action as determined by the school; or
408 (d) terminate the club's authorization and dissolve the club.
409 (3) Any limitation on expression, practice, or conduct of any student, advisor, or guest
410 in a meeting of a curricular or noncurricular club, or limitation on school building use, shall be
411 by the least restrictive means necessary to satisfy the school's interests as identified in this part.
412 (4) A club that has been terminated in accordance with Subsection (2)(d) may not
413 reapply for authorization until the following school year.
414 (5) A student who makes a false allegation or report under this section shall be subject
415 to school discipline.
416 Section 13. Section 53A-11-1212 is enacted to read:
417 53A-11-1212. Appeals -- Procedures.
418 (1) (a) Each completed application or complaint shall be approved, denied, or
419 investigated by the school within five school days.
420 (b) If an application or complaint is denied, written reasons for the denial or results of
421 the investigation shall be stated and, if appropriate, suggested corrections shall be made to
422 remedy the deficiency.
423 (c) Each club that is denied school building use shall be informed at the time of the
424 denial of the factual or legal basis for the denial, and, if appropriate, how the basis for the
425 denial could be corrected.
426 (2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
427 speaking, or a complaining parent or guardian, has ten school days from the date of the denial,
428 suspension, or termination to file a written appeal from the denial, suspension, or termination

429 to a designee authorized by the school governing board.
430 (b) The designee shall issue a determination within five school days from receipt of the
431 appeal, which decision is final and constitutes satisfaction of all administrative remedies unless
432 the time for evaluation is extended by agreement of all parties.
433 (3) A person directly affected by a decision made in accordance with the provisions of
434 this part may appeal the decision by writing to a person designated by the school governing
435 board.
436 Section 14. Section 53A-11-1213 is enacted to read:
437 53A-11-1213. Rulemaking -- State Board of Education -- School governing
438 boards.
439 The State Board of Education may adopt additional rules and school governing boards
440 may adopt additional rules or policies governing clubs that do not conflict with the provisions
441 of this part.
442 Section 15. Section 53A-11-1214 is enacted to read:
443 53A-11-1214. Severability.
444 If any provision of this part or the application of any provision to any person or
445 circumstance, is held invalid, the remainder of this part shall be given effect without the invalid
446 provision or application.
447 Section 16. Section 53A-13-101.2 is amended to read:
448 53A-13-101.2. Waivers of participation.
449 (1) If a parent with legal custody or other legal guardian of a student, or a secondary
450 student, determines that the student's participation in a portion of the curriculum or in an
451 activity would require the student to affirm or deny a religious belief or right of conscience, or
452 engage or refrain from engaging in a practice forbidden or required in the exercise of a
453 religious right or right of conscience, the parent, guardian, or student may request:
454 (a) a waiver of the requirement to participate; or
455 (b) a reasonable alternative that requires reasonably equivalent performance by the
456 student of the secular objectives of the curriculum or activity in question.
457 (2) The school shall promptly notify a student's parent or guardian if the student makes
458 a request under Subsection (1).
459 (3) If a request is made under Subsection (1), the school shall:

460 (a) waive the participation requirement;
461 (b) provide a reasonable alternative to the requirement; or
462 (c) notify the requesting party that participation is required.
463 (4) The school shall ensure that the provisions of Subsection 53A-13-101.3 (3) are met
464 in connection with any required participation under Subsection (3)(c).
465 (5) A student's academic or citizenship performance may not be penalized by school
466 officials for the exercise of a religious right or right of conscience in accordance with the
467 provisions of this section.
468 [(6) (a) As a condition for participation in a student club or organization that meets on
469 school premises, regardless of the organization's relationship to school curriculum, a local
470 school district may require every student to obtain written permission from either a parent with
471 legal custody or other legal guardian.]
472 [(b) If a local school district requires written permission under Subsection (a), that
473 school district shall require written permission for:]
474 [(i) every club or organization that meets on school premises in that school district;
475 and]
476 [(ii) every student participating in a club or organization described in Subsection (i).]
477 [(c) The local school district shall supply the permission form, and all completed forms
478 shall be filed with the school's principal or the principal's designee.]
479 Section 17. Repealer.
480 This bill repeals:
481 Section 53A-3-419, Limitations regarding access for student clubs and
482 organizations.