Policy No. 3620 Authorization of Student Clubs and Organizations

Authorization of Student Clubs and Organizations 

The purpose of this policy is to provide guidance to schools regarding the authorization of student clubs as outlined in State law and Utah State Board of Education Administrative Rules. 

The position of the Cache County School District Board of Education is that student clubs broaden the student’s educational experience. Clubs may aid students in the development of life-long skills and talents, demonstrate positive attitudes and integrity, teach the value of fair and honest competition, and instill self-esteem. For this reason, the Cache County Board of Education has determined to maintain a “limited open forum” for student clubs. The Board reserves the right to create a closed forum at any time if it deems necessary. 

Definitions 

1. “Club” means an organization for students that meets during non-instructional time. B. “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. whose subject matter is taught or will soon be taught in a regular course; 2. whose subject matter concerns the body of courses as a whole; 
3. in which participation is required for a particular course; or 
4. in which participation results in academic credit. 

C.“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. A non-curricular club’s meetings, ideas, and activities are not sponsored or endorsed in any way by a school board, or by school or school district employees. Non-curricular clubs will be required to have annual authorization from the school board. 

D.“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. 

District Liability 

Clubs will be reviewed to determine the safety of the activity pursued and the level of district liability. Clubs that are organized to pursue high-risk activities, such as those identified by the State Division of Risk Management, will not be sponsored by a school or the district. Clubs or organizations that are not recognized or covered by a school or the district are prohibited from 

using the name of the school, district or school mascot/logo to describe, advertise, or in any way connect the organization to the school district. Organizations not sponsored by the district or school that wish to use district grounds, buildings, or equipment must comply with the district building rental policy.

Authorization of Clubs 

A school may authorize the following types of clubs by grade level while there exists a limited open forum: 

1. Grades K-6: only curricular clubs may be authorized. 
2. Grades 7-9: both curricular clubs and non-curricular clubs are permissible except as provided in R277-617-3C. 3. Grades 10-12: curricular clubs and non-curricular clubs are permissible. 

Each school in the district shall establish written application procedures for student clubs and organizations. These procedures may contain deadlines by which applications must be submitted and minimum club membership except that a non-curricular club may not have less than three members. These procedures shall contain requirements for a club charter, proposed club name, proposed name of faculty member to act as sponsor, supervisor, or monitor and commitment to comply with all applicable rules, policies, and laws. The club charter shall be a statement of the club’s purpose, goals, and activities. Furthermore, clubs will provide a statement of the club’s categorization, indicating all of the following that may apply: 

1. athletic; 
2. business/economic; 
3. agriculture; 
4. science; 
5. gaming; 
6. religious; 
7. community service/social justice; and 
8. other 

The school administration shall provide preliminary approval or rejection of student club applications with the advice and consent of District administration. Once a school administration has approved a school club, the initiating documents (including club charter, proposed name, proposed faculty advisor, etc.) will be forwarded to the Cache County School Board for final review and approval. The student club will not be recognized as an authorized student club until the Cache County School Board has officially approved the club. 

Club Charter 

Students or school staff seeking authorization to establish a club shall prepare a club charter identifying the name and purposes of the club, types of activities in which club members may be engaged, and limitations upon club activities. Those limitations shall include prohibitions against: 

1. Action or advocacy of imminent action that violates the law or administrative rule; this prohibition shall not apply to appropriate discussions concerning the changing of laws or rules or actions taken through appropriate channels or procedures to effectuate such changes.
2. Advocacy or approval of sexual activity outside of marriage, or presentations in violation of laws or regulations governing sex education or privacy rights of families or individuals. 
3. Action or advocacy of imminent action involving the harassment or denigration of any person. 
4. Action or advocacy of imminent action with intent to cause a person to fear or to freely exercise or enjoy any right secured by the Constitution or law of the 

United States of the state of Utah. 

A school may limit or deny a charter to a club if necessary to: 

1. Protect the physical, emotional, psychological, or moral well being of students and faculty; 
2. Maintain order and discipline on school premises; 
3. Prevent a material or substantial interference with the orderly conduct of a school’s educational activities; 
4. Protect the rights of parents or guardians and students; or 
5. Maintain the boundaries of socially appropriate behavior. 

A school shall deny access to any student organization or club whose program or activities will materially and substantially; 

1. Encourage criminal or delinquent conduct; 
2. Promote bigotry; or 
3. Involve human sexuality; 
4. Engage in or conduct mental health therapy, counseling, or psychological services for which a license would be required by state law. 

Approval of a club name may take place separately from the relating to the approval of the club itself. A club name shall: 

1. Reasonably reflect the nature, purposes and activities of the club; and 
2. Be such that it would not result in undue disruption of school operations, subject students to harassment or persecution, imply that the club would operate in violation of law or rule, or imply inappropriate association with outside organizations or groups. 

Appeal 

A student or a complaining parent or guardian directly affected by the denial of a club authorization at the school level may appeal in writing within ten (10) school days of denial to the Cache County Board of Education. This Board shall issue an opinion in writing either upholding or overturning the denial within forty-five (45) days of receiving the appeal. This decision shall be the final administrative decision. 

Club Sponsor 

Selection and appointment of club sponsors, supervisors, and monitors shall be the responsibility of the school principal. However, a school may require those seeking authorization to establish a club to propose the name of a faculty member who is willing to serve in that role. The school principal may accept or reject a proposed faculty supervisor/monitor in his/her sole discretion. Persons who are not part of the school shall not be allowed to direct, conduct, or control club meetings. The sponsor, supervisor, or monitor shall oversee club programs and activities to ensure compliance with the approved club charter and applicable laws and rules. The faculty sponsor, supervisor or monitor must be in attendance at every meeting or activity scheduled on school premises. The school principal may cancel the authorization for any club found to be operating out of compliance of the approved charter or laws and rules. 

Parental Consent 

A school shall require parental or guardian consent for student participation in all curricular and non-curricular clubs at the school. The consent form shall include an activity disclosure statement containing the following information: 

1. The specific name of the club; 
2. A statement of the club’s purpose, goals and activities; 
3. A statement of the clubs categorization (as explained above); 
4. Beginning and ending dates; 
5. A tentative schedule of the club activities with dates, times and places specified; 6. Personal costs associated with the club, if any; 
6. The name of the sponsor, supervisor, or monitor who is responsible for the club; and 
7. Any additional information considered important for the students and parents to know. 

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 their designee. 

Access to Clubs 

Schools may limit access to clubs by persons who are not part of the school, including prohibiting outside persons from directing, conducting, controlling or regularly attending club meetings. Outside persons may attend club meetings on rare occasions to make presentation if approved in advance by the school administrator. 

The school administrator shall have the authority to decide the following, provided that all non-curricular clubs are given equal access: (Curricular clubs may be given priority over non-curricular clubs in assigning the building. Furthermore, the school may provide financial or other support to curricular clubs). 

1. The time and place that a club may meet; and 
2. Club access to the school newspaper, yearbook, bulletin boards, public 

address system, yearbook, bulletin boards, or any combination of the foregoing. 

A school may not spend public funds for non-curricular clubs.

Legal References: Synopsis: 

Approved by the Board of Education: July 1, 1989. Last Revised: August 1, 2007. Prior Revised Dates: 9/1/2006.

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