Title 20, EducationRelease 119-110

§4071 Denial of Equal Access Prohibited

Title 20 › CHAPTER 52 — EDUCATION FOR ECONOMIC SECURITY › SUBCHAPTER VIII — EQUAL ACCESS › § 4071

Last updated Sep 22, 2026|Official source

Summary

Public secondary schools that get federal money must not block or treat student groups unfairly from meeting on campus because of what the students plan to say, including religious, political, or philosophical speech. A "limited open forum" means the school lets noncurriculum student groups meet on school property during noninstructional time. A school gives a fair chance when meetings are voluntary and started by students, the school does not sponsor them, school staff at religious meetings only listen and do not take part, meetings do not seriously disrupt school activities, and outside people do not run or regularly attend the group. The rule also says the government cannot force or shape prayers, make anyone join religious activity, spend public money beyond the small cost of providing space, force staff to attend meetings that conflict with their beliefs, allow illegal meetings, limit groups by size, or take away anyone’s constitutional rights. The federal government may not use this rule to cut a school’s federal funding. Schools still may enforce order, protect safety, and make sure attending meetings is voluntary.

Full Legal Text

Title 20, §4071

Education, Source: USLM XML via OLRC

(a)Restriction of limited open forum on basis of religious, political, philosophical, or other speech content prohibited
It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.
(b)“Limited open forum” defined
A public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time.
(c)Fair opportunity criteria
Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that—
(1)the meeting is voluntary and student-initiated;
(2)there is no sponsorship of the meeting by the school, the government, or its agents or employees;
(3)employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;
(4)the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
(5)nonschool persons may not direct, conduct, control, or regularly attend activities of student groups.
(d)Construction of subchapter with respect to certain rights
Nothing in this subchapter shall be construed to authorize the United States or any State or political subdivision thereof— (1)
(2)to require any person to participate in prayer or other religious activity;
(3)to expend public funds beyond the incidental cost of providing the space for student-initiated meetings;
(4)to compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;
(5)to sanction meetings that are otherwise unlawful;
(6)to limit the rights of groups of students which are not of a specified numerical size; or
(7)to abridge the constitutional rights of any person.
(e)Federal financial assistance to schools unaffected
Notwithstanding the availability of any other remedy under the Constitution or the laws of the United States, nothing in this subchapter shall be construed to authorize the United States to deny or withhold Federal financial assistance to any school.
(f)Authority of schools with respect to order, discipline, well-being, and attendance concerns
Nothing in this subchapter shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 98–377, title VIII, § 801, Aug. 11, 1984, 98 Stat. 1302, provided that: “This title [enacting this subchapter] may be cited as ‘The Equal Access Act’.”

Reference

Citations & Metadata

Citation

20 U.S.C. § 4071

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110