1. (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:

   1. (a) as the school determines to be necessary to:

      1. (i) protect the physical, emotional, psychological, or moral well-being of students and faculty;
      2. (ii) maintain order and discipline on school premises;
      3. (iii) prevent a material and substantial interference with the orderly conduct of a school's educational activities;
      4. (iv) protect the rights of parents and students;
      5. (v) maintain the boundaries of socially appropriate behavior; or
      6. (vi) ensure compliance with all applicable laws, rules, regulations, and policies; or

   2. (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:

      1. (i) encourage criminal or delinquent conduct;
      2. (ii) promote bigotry;
      3. (iii) involve human sexuality;
      4. (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
      5. (v) promote or encourage a prohibited discriminatory practice.
2. (2) A school has the primary authority to determine whether any club meets the criteria of Subsection (1).
3. (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. (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