§4071 — Title 20 Education | U.S. Code

Summary

Public high schools that get federal money and let nonclass student groups meet must treat all student meetings the same, no matter the topic (religious, political, philosophical, or other). Limited open forum — when a school allows one or more noncurriculum student groups to meet on school grounds during noninstructional time. A school gives a fair chance if it applies rules equally: meetings are student-initiated and voluntary; the school or government does not sponsor them; staff may attend religious meetings only without taking part; meetings do not seriously disrupt school; and non-school adults may not run or regularly attend. The law does not let the government control prayer, force anyone to join religious activity, pay more than incidental costs for space, require staff to attend meetings that conflict with their beliefs, approve illegal meetings, limit group rights based on size, or cut anyone’s constitutional rights. It also does not allow the United States to withhold federal funding from a school. Schools still may keep order, protect students and staff, and make sure attendance is voluntary.

Title 20, §4071

Education — Source: USLM XML via OLRC

(a)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)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)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)Nothing in this subchapter shall be construed to authorize the United States or any State or political subdivision thereof—

(1)to influence the form or content of any prayer or other religious activity;

(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)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)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.

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’.”

§4071 Denial of Equal Access Prohibited

Summary

Title 20, §4071

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata