Unrevised clubs bill headed to Senate

A student clubs bill will be headed for the Senate floor the way it was before it was largely gutted in the House.

A substitute of HB236 was passed out of the Health and Human Services Committee by a 3-2 vote.

When the bill left the House, all it required was parental permission to join a school club. The substitute restores provisions that would give parents authority to view any content and material to be distributed in a club seven days prior to the club meeting, require the school to appoint a faculty adviser to each non-curricular club, and allow school officials to deny a club if they thought it necessary to "protect the physical, emotional ... and moral well-being of students."

Rep. Aaron Tilton, R-Springville, sponsor of the bill, said the measure is not aimed at any particular club. But Sen. Chris Buttars, R-West Jordan, said the bill would allow schools to deny applications for gay-straight alliances — something he said he hopes will happen.

And according to Tilton, with the language in state statute, the measure would allow the Utah Attorney General's Office to defend a school's decision to bar a club, freeing districts from legal costs if the denial resulted in a lawsuit.

But education leaders said the attorney general already has the ability to defend districts.

Jean Hill, attorney at the State Office of Education, said the State Board of Education opposes the bill because 80 percent of the measure is currently in state board rules. The only thing not in place is the requirement that club bylaws and materials be available for parental review.

She said if the bill passes, it will put the Legislature in the position of acting as a super school board.

But Eagle Forum representatives lined up to praise the bill Friday, saying parental consent should be paramount and students should not have to tolerate what some believe to be offensive organizations.

But Will Carlson, representative from Equality Utah, said it's a poorly drafted bill that is unneeded and the "17-page document will create a bureaucracy with too many requirements."

GSA advocates said making a law that could threaten the existence of such clubs, which promote tolerance and unity, would act as a detriment to many students.

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