Policy Number: 3280
Dated: July 29th 2015
Table of Contents
PURPOSE AND PHILOSOPHY
American Leadership Academy provides the opportunity for students to participate in approved curricular clubs to further the educational goals of the school. ALA operates under a “closed forum” and authorizes only curricular clubs in grades 7-12. Curricular clubs are sponsored by the school and may receive leadership, direction, and support from the school.
DEFINITIONS (Utah Code Ann., §53A-‐11-‐1202)
“Bigotry” means action or advocacy of imminent action involving: the harassment or denigration of a person or entity; or 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 of Utah, 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.
"Club” means any student organization that meets during non-‐instructional time.
"Curricular club" means any club that is school sponsored and that may receive leadership, direction, and support from the school 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 whose subject matter is taught or will soon be taught in a regular course.
"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 student personal time before athletic and other events or activities.
"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.
"Instructional time" is the time during which the student is required or expected to be actively engaged in learning activities, 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 capacity during or outside regular school hours.
“Limited open-‐forum” means allowing both curriculum and lawful non-‐curriculum clubs.
“Non-‐curricular club” is a student initiated group that may be authorized and allowed school facilities use during non-‐instructional time in secondary schools. A non-‐curriculum club’s meetings, ideas, and activities are not sponsored or endorsed in any way by the school’s governing board.
“Non-‐instructional time" means time set aside by a school before instructional time begins or after instructional time ends, including discretionary time.
DELEGATION OF AUTHORITY
The Board of Trustees hereby authorizes school administrators within American Leadership Academy, to review applications for student clubs on a case-‐by-‐case basis. Before granting an authorization, school administration shall verify that the proposed club meets the requirements outlined in this policy. School administration may request additional information from the faculty sponsor or the students if desired. School administration shall grant authorization and school building use to clubs whose applications are found to meet the requirements of law, Utah State Board of Education rules, and school policies. School administration shall deny authorization and school building use to proposed clubs that do not meet the requirements of law, Utah State Board of Education rules, and school policies.
APPLICATION FOR AUTHORIZATION FOR CURRICULAR CLUBS
Authorization for Curricular Clubs: Faculty members or students proposing curriculum clubs must submit written application for authorization on the Club Authorization Form no later than October 1 of the year of the club’s inception. Clubs whose membership is determined by student body election, clubs which are governed by the Utah High Schools Athletic Association, or a club that is governed by an association that regulates interscholastic activities are exempt from the authorization requirements.
(i.e., DECA, FBLA, FCCLA, FFA, HOSA, etc.) Student clubs will be given a one year Charter that can be renewed annually if they remain in compliance with all school policies.
Written application for authorization of curricular clubs must include:
1. The recommended club name.
2. A statement of the club's purpose, goals, and activities.
3. Proposed meeting times, dates, places.
4. A statement that the club will comply with Utah Code 53A-‐3-‐419.
5. A budget showing the amount and source of any outside funding provided or to be provided to the club and its proposed use.
6. The rules of the organization.
The name of a student club must meet the following conditions:
1. Accurately reflects the actual nature, purpose, and activities of the club.
2. Does not improperly imply school sponsorship or affiliation.
3. Will not result in undue disruption of school operations, subject students to harassment or persecution.
4. Imply inappropriate association with any non-‐school organizations or groups.
5. Imply that the club would operate in violation of laws, rules, or district policies.
REVIEW OF APPLICATIONS
Procedures for Reviewing Applications for Curricular Clubs: The administration shall review applications for authorization of curricular clubs on a case-‐by-‐case basis. Before granting authorization, the administration must find that the proposed club meets this policy’s definition of a curricular club and that the proposed club’s purpose and activities comply with this policy.
The administrator must determine curriculum relatedness by strictly applying this policy’s definition of curricular club to the club application. If the administrator finds that the proposed club is a non-‐curricular club, the administrator may return the application to the faculty member or students proposing the club for amendment.
LIMITATION OR DENIAL
School administration shall deny club authorization or limit and/or deny school building use to a club in order 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 and substantial interference with the orderly conduct of a school's educational activities.
4. Protect the rights of parents/guardians and students; maintain the boundaries of socially appropriate behavior.
5. Ensure compliance with all applicable laws, rules, regulations, and school policies; and/or ensure that the proposed application and proposed activities will not involve students or advisors in club related activities which.
6. Not encourage criminal or delinquent conduct; promote bigotry.
7. Not involve human sexuality.
8. Not engage in or conduct mental health therapy, counseling, or psychological services for which a license would be required under Utah state law.
The administration shall deny authorization of a club’s name, or require changes prior to granting authorization, if administration finds that the proposed name:
1. Does not reasonably reflect the nature, purposes and activities of the club.
2. Could result in undue disruption of school operations.
3. Could subject students to harassment or persecution.
4. Implies violation of State law or rule.
5. Is deemed vulgar and/or lewd and therefore is inconsistent with the fundamental values of public education.
School administration will make faculty or staff assignments for each authorized curriculum club to provide oversight consistent with this policy and the needs of the school and ensure:
1. Compliance with the approved curricular club purposes, goals, and activities.
2. Students will not violate concepts of civility or propriety appropriate to a school setting.
3. Applicable laws, rules, regulations and school policies are followed.
Membership in curricular or non-‐curricular clubs is governed by the following rules:
1. Student membership is voluntary.
2. Club membership shall be limited to students who are currently enrolled in the school.
3. Clubs may require that prospective member’s try-‐out 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.
4. Membership may not be limited on the basis of race, gender, ethnicity, national origin, or disability.
PARENTAL / GUARDIAN CONSENT
Parent/guardian consent 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. Beginning and ending dates.
4. A tentative schedule of the club activities with dates, times, and places specified.
5. Personal costs associated with the club, if any.
6. The name of the faculty sponsor or supervisor who is responsible for the club.
7. Any additional information considered important for the students and parents/guardians to know.
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 director or designee
VIOLATIONS; INVESTIGATIONS; SCHOOL RESPONSES
1. School administration shall investigate any written complaint that an authorized curricular or non-‐curricular club is participating in activities beyond the scope of its purpose; or in violation of a provision of this policy or another applicable law, rule, regulation, or school policy.
2. If a complaint is verified, written results of the investigation shall be stated and, if appropriate, suggested corrections shall be made to remedy the problem.
3. A club that is terminated may not reapply for authorization until the following school year.
Any appeal must be given to the director or designee in writing, within 10 days from the club being denied, suspended or terminated.
This policy is authorized by and based on:
1. Definitions: Utah Code Ann., §53A-‐11-‐1202
2. Limitations on Access for Student Clubs: Utah Code 53A-‐3-‐419
3. Student Clubs Act HB0236