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Senate debates bill to bar school employees from encouraging illegal conduct, critics warn of overbreadth

Utah State Senate · February 22, 1996
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Summary

Senate Bill 246, sponsored by Sen. Craig Taylor, would restrict school employees and volunteers from encouraging or supporting illegal conduct when it materially disrupts schools; backers cite court precedent while opponents say the language is vague and could chill teachers and target student groups. The bill generated lengthy floor debate and failed to be narrowed by several proposed amendments during Feb. 22 proceedings.

Senate Bill 246, introduced by Sen. Craig Taylor, drew prolonged debate Feb. 22 as senators weighed whether state law should explicitly bar school employees and volunteers from encouraging, condoning or supporting illegal conduct when that conduct would materially disrupt school activities or undermine students' welfare.

Taylor told colleagues the measure draws on federal precedent and the Tenth Circuit’s reading of Supreme Court standards to limit any restriction on employee speech to instances that produce "a material or substantial interference or disruption in the normal activities of the school." He said the bill is intended to provide administrators and teachers with a clear standard rather than create novel punishments: "We're not doing anything that can't already be done except we're pulling it together to provide some definiteness," Taylor said.

Opponents warned the language is broad and could be applied beyond on‑campus conduct to teachers’ private lives. "This bill is aimed at intimidating public school teachers from freely advising students," Sen. Steiner…

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