Senate OKs club measure

The Senate has approved the ever-changing student clubs bill — now back to its original form — which would allow school officials to ban clubs that threaten "the physical, emotional ... and moral well-being of students."

Sen. Chris Buttars, R-West Jordan, Senate sponsor of the bill, said under the measure schools could deny a club like a Gay Straight Alliance and not be in fear of litigation and legal costs since the Attorney General's Office would be required to defend the law.

HB236 would also give parents the authority to view material distributed in a club seven days prior to the club meeting and require the school to appoint a faculty adviser to each non-curricular club. It would also require clubs to establish bylaws, a statement of purpose and a name related to that purpose.

But during Senate debate critics called the language in the bill, aside from the provision requiring parental permission for a student to join a club "16 pages of burden some language and onerous requirements."

"The rest of the bill is strict, onerous requirements and hoops that we require 16-year-olds, who just want to get together after school and play chess, to jump through," said Sen. Scott McCoy, D-Salt Lake.

He said that the Attorney General's Office would already defend schools should they face litigation regarding clubs and the bill is not needed to ensure that.

The House apparently agreed as members "gutted" the bill, arguing it overstepped the state's role in education and meddled in the affairs of school districts. Then last week in a Senate committee, legislators substituted the bill again to its current form.

The bill passed with a 20-8 approval and now must go back to the House floor for approval. And Aaron Tilton, R-Springville, sponsor of the bill, said he is confident the measure will gain House approval.

"It shouldn't have any problems — once it goes back (to the House) they can't offer any amendments and for people that want parental control, this is the bill we have," Tilton said.

State education leaders have opposed the bill, calling it unnecessary, along with Gay-Straight Alliance advocates who fear the bill will incorrectly give schools the idea they can deny an alliance application and not be out of compliance with the federal Equal Access Act.

That act says a school allowing extra-curricular clubs cannot discriminate against students who want to meet based on their religious, political, philosophical beliefs or the content of their speech.

State school leaders also said that many school districts already have club policies that require parental permission, and some said the measure would be micro-managing.

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