6145

Instruction

Extra-Class Activities: Limited Open Forum (Version I)

The Equal Access Act requires that public secondary schools grant access to student groups who wish to meet for religious, political, or philosophical purposes, if the school allows other types of non-curriculum related student groups to meet. The law establishes the open forum be held during the lunch hour or as determined by the school Principal to ensure equal access to student groups wishing to meet.

The Principal may approve student groups use of facilities to conduct a meeting during the open forum provided that:

1.  The meeting will take place during the open forum.  The open forum is defined as the lunch hour or non-instructional time as determined by the Principal.

-OR-

The meeting is held during those non-instructional times identified by the Superintendent or his/her designee for non-curricular students’ groups, clubs or organizations to meet.  "Non-instructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends. "Non-curricular student groups" are those student groups, clubs or organizations that do not directly relate to the curriculum.

2.  The meeting is voluntary and student initiated. The Principal must be assured that students are the ones promoting such activities and they are participating of their own volition. Only students enrolled in the school may request the meetings.

3.  School does not sponsor the meetings (i.e. authorities or district employees do not promote, lead or participate in such meetings). Principals may assign personnel to supervise these meetings. This action does not constitute sponsorship by the district of such meetings.

4.  The presence of school authorities or district employees or district personnel at any student religious meeting is non-participatory in nature. The presence of school authorities is for the purpose of observation only.

5.  The meeting does not in any way interfere with the conduct of regular instructional activities of the schools. Since the education of the student is the prime responsibility of the school, any other activities are secondary. The school may deny facilities to students on the basis that such activities or meetings interfere with the instructional program.

6.  Student meetings are not controlled, conducted or directed by person or groups not affiliated with the schools. Such persons may attend student meetings but not on a regular basis. Visitors to the school must be approved by the Principal and clearance obtained prior to the meeting.

7.  The meeting is open to all students without regard to race, gender, religion or national origin.

8.  The school retains its authority to maintain order and discipline.

9.  All non-curriculum related student groups that are not District sponsored receive substantially the same treatment.

10.  The Superintendent or his/her designee approves the meeting or series of meetings.

Legal Reference:   Westside Community Board of Education v. Mergens

Equal Access Act 20 U.S.C. §4071 et. seq.

Policy adopted:

6145

Instruction

Extra-Class Activities

Student Organizations and Equal Access  (Version II)

The Board of Education believes that student organizations reinforce the instructional program, give students practice in democratic self-government and provide social and recreational activities. Student organizations also serve to honor outstanding student achievement and enhance school spirit and students’ sense of belonging.

Note: Schools may or may not sponsor student groups or clubs. The district may wish to sponsor clubs that are linked directly to the curriculum or may want to sponsor non-curriculum related clubs such as a ski or hiking club. The following is an optional sentence for use by districts that allow school sponsorship of student clubs.

The Superintendent or his/her designee shall establish criteria and a process for school sponsorship of student clubs.

Option 1: (Closed Forum)

In order to maintain a closed forum on school campuses, only student-initiated groups that relate directly to the curriculum shall be allowed to meet on school premises.

All such clubs or groups shall have equal access to the school media, including the public address system, the school newspaper, the school bulletin board and school website to announce meetings.

Option 2: (Limited Open Forum)

All student-initiated groups at the secondary level shall be given equal access to meet on school premises during non-instructional times without regard to their religious, political, philosophical or other speech content.

Note: Based on the Equal Access Act, if a district with a limited open forum allows student groups to use school media to publicize meetings, it must provide equal access to all student groups. The U.S. Department of Education has clarified that student religious groups must be allowed to use school media to announce religious activities and meetings on the same terms as other non-curriculum-related groups. The following paragraph is optional in that districts do not need to provide access to school media. However, districts choosing to provide such access should do so in accordance with the following paragraph.

All student groups shall have equal access to the school media, including the public address system, the school newspaper, the school bulletin board and school website to announce meetings.

The Superintendent or his/her designee may inform students that certain groups are not school sponsored.

No school shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or with any other youth group listed as a patriotic society in Title 36 of the United States Code, for reasons based on the membership criteria or oath of allegiance to God and country.

Legal Reference:   Equal Access Act, 20 U.S.C. § 4071 et. seq.

The No Child Left Behind Act, 20 USC 7905

Westside Community Board of Education v. Mergens

Policy adopted: