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Topic: Equal Access Act


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In the News (Wed 23 Dec 09)

  
  Baptist Joint Committee for Religious Liberty
The Equal Access Act became law on August 11, 1984, passing the Senate 88-11 and the House 337-77.
A limited open forum requiring equal access may be established during "noninstructional time" which is defined as time set aside by the school before actual classroom instruction begins or after it ends.
The Act provides that no school employee may be required to attend a meeting "if the content of the speech at the meeting is contrary to the beliefs" of that employee.
www.bjconline.org /resources/pubs/pub_equalaccessact.htm   (2792 words)

  
 Equal Access Act   (Site not responding. Last check: 2007-10-25)
The terms of the Equal Access Act (which is codified in federal law at 20 U.S.C.) are actually fairly straightforward.
Specifically, EAA says a "limited public forum" exists when a school permits at least one group to function that is (1) student-initiated, (2) meeting during non-instructional time, and (3) non-curricular in nature.
In addition to the EAA, public schools in Minnesota are also subject to the state's Human Rights Act (MHRA), which prohibits discrimination on the basis of sexual orientation (including gender identity) in education.
www.outfront.org /library/access.html   (584 words)

  
 WorldNetDaily: In praise of courageous students
The Equal Access Act was passed in the Senate (88 to 11) and the House (337 to 77), becoming law in August 1984 as a result of efforts by the Moral Majority and other conservative organizations.
Equal Access was ruled constitutional by the U.S. Supreme Court in 1990 in the Board of Education of Westside Community Schools vs. Mergens case.
The High Court ruled that the Equal Access Act did not violate the establishment clause in the first amendment to the U.S. Constitution and that all student groups qualifying under the Act are to be treated equally by school boards.
www.worldnetdaily.com /news/article.asp?ARTICLE_ID=24104   (906 words)

  
 THE EQUAL ACCESS ACT: LEAVE WELL ENOUGH ALONE. - Civil Rights Journal - HighBeam Research
Author: Foltin, Richard T. The Equal Access Act of 1984 (EAA), which gave students in public high schools the right to form religious clubs on the same basis as other clubs, provoked heated debate when it was first proposed but has proven relatively uncontroversial in practice.
This fear was not without basis Prior to the passage of the Equal Access Act, and continuing to this day, many school districts across the country have engaged in scofflaw school-sponsored organized prayer and devotional Bible readings, scofflaw actions in plain violation of rulings of the Supreme Court and the lower courts.
Similarly, the Act's invocation of equal access principles should only be triggered by noncurriculum-related groups that meet during noninstructional time; those principles ought not to be extended to instructional parts of the day.
www.highbeam.com /doc/1G1-66678536.html   (1702 words)

  
 Equal Access Act - Wikipedia, the free encyclopedia
The Equal Access Act is a United States federal law passed in 1984 to combat discrimination against student religious groups in public high schools.
It was ruled constitutional by the Supreme Court in 1990 in the case Westside Community Schools v.
More recently, the Equal Access Act has been used to fight opposition to Gay-Straight Alliances in high schools across the nation.
en.wikipedia.org /wiki/Equal_Access_Act   (477 words)

  
 [No title]
Whether the Equal Access Act, which makes it unlawful for any public secondary school subject to the Act to deny equal access to students who wish to form an organization at the school to engage in religious speech, violates the Establishment Clause.
Because the court agreed with petitioners that the Equal Access Act's equal access requirement therefore did not apply, the court did not address petitioners' further contention that the Establishment Clause mandated petitioners' denial of school access to the students' proposed club (id. at B26 n.5).
The Act's constitutionality depends on the fact that its equal access requirement is triggered only where a "limited open forum" exists at secondary schools subject to the Act.
www.usdoj.gov /osg/briefs/1988/sg880028.txt   (2750 words)

  
 The Federal Equal Access Act
The Equal Access Act was a major contributor to this increase.
The Equal Access Act was passed in the Senate with a vote of 88 to 11; it passed in the House 337 to 77; it became law on 1984-AUG-11.
By withholding recognition, the school denied her group financial support and access to various publicity methods, such as the public address system, school yearbook, etc. This was not the usual after-class extracurricular club.
www.religioustolerance.org /equ_acce.htm   (2109 words)

  
 [No title]
The Act specifically indicates that "it shall not 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."
Simply because some students or faculty disagree with the content of a group's speech is not enough to prohibit that group from equal access, but if such a group is disruptive to the ordinary operation of the school, then the administrators retain the authority under the Act to maintain an orderly operating school.
The Equal Access Act is a Federal law that is applicable to all the states.
www.lc.org /Resources/equal_access_0900.html   (1935 words)

  
 John Roberts' Church-State Record -- Beliefnet.com   (Site not responding. Last check: 2007-10-25)
Congress passed the Equal Access Act by overwhelming bipartisan majorities in response to widespread reports that public secondary schools were actively discriminating against religious speech.
In the Equal Access Act, Congress sought to promote student free speech by specifying that any school that accepted federal financial assistance and had a "limited open forum" could not deny "equal access" to that forum on the basis of the content of the student speech.
In passing the Equal Access Act, Congress made specific findings that secondary school students -- no less than university students -- were able to comprehend the basic principle that free speech in an open forum is not state-sponsored speech, and the district court made similar findings in this case.
www.beliefnet.com /story/171/story_17129_1.html   (1303 words)

  
 NCLR: Gay/Straight Alliances in Schools   (Site not responding. Last check: 2007-10-25)
Under the EAA, if a public school allows at least one non-curriculum related student group to use its facilities for a meeting place during non-instructional time, it cannot "deny equal access or a fair opportunity to, or discriminate against" any students who wish to conduct club meetings, such as a GSA.
So, for example, it is a violation of the Equal Access Act for a school to create a category of "school-sanctioned" non-curricular clubs that are allowed to use the bulletin board and PA system, while, at the same time having a category of "non-school sanctioned" non-curricular student clubs (i.e.
Whether a club is curriculum-related or not for purposes of the Act is a fact-based inquiry based on the connection between the subject matter of the group and the school's courses.
www.nclrights.org /publications/gsaqa0703.htm   (1303 words)

  
 [No title]   (Site not responding. Last check: 2007-10-25)
The EAA was adopted by Congress in 1984, and its constitutionality was upheld by the U. Supreme Court in Board of Education of Westside Community Schools v.
It is unlikely that the Equal Access Act applies to so-called "middle" schools.
The EAA grants these groups equal access to school facilities for meetings, and equal access to school media (e.
www.adl.org /religion_ps_2004/clubs.asp   (1100 words)

  
 Policy 801
The purpose of this policy is to implement the Equal Access Act by granting equal access to elementary and secondary school facilities for students who wish to conduct a meeting for religious, political, or philosophical purposes during noninstructional time.
It is the policy of this school district not to deny equal access or a fair opportunity to, or to discriminate against, any students who wish to conduct a meeting, on the basis of the religious, political, philosophical, or other content of the speech at such meetings.
It is the policy of this school district to grant equal access to secondary school facilities for students who wish to conduct a meeting for religious, political, or philosophical discussion during noninstructional time, pursuant to the Equal Access Act.
www.dc.k12.mn.us /district466/policies/801.htm   (1016 words)

  
 Ratwik, Roszak & Maloney - Wisconsin School Law   (Site not responding. Last check: 2007-10-25)
Since the passage of the Equal Access Act in 1984, school districts have struggled with the Act's mandate guarantying campus access to students who form extracurricular groups that engage in religious, philosophical, or political discourse.
The Equal Access Act is not a set of federal handcuffs fitted to school principals.
Though the School's effort to apply its nondiscrimination policy rule is trumped by the Equal Access Act, the Act's mandate of equal access can be trumped by the School's responsibility for upholding the Constitution, for protecting the rights of other students, and for maintaining appropriate discipline in the operation of the school.
www.ratwiklaw.com /wischl1.htm   (1025 words)

  
 New Page 1
Congress enacted the Equal Access Act to cure pervasive anti-religious confusion exhibited by public secondary schools in the aftermath of the Supreme Court's school prayer cases: "[T]he Act was intended to address perceived widespread discrimination against religious speech in public schools." Mergens, 496 U.S. at 239.
Congress stated the purpose of the Equal Access Act in paragraph (a) of the Act: "[Schools may not discriminate against] any students who wish to conduct a meeting...on the basis of religious, political, philosophical, or other content of the speech at such meetings." 20 U.S.C.A. Sec.
Paty, 435 U.S. The factors that determine whether the Equal Access Act is triggered are: does the school receive federal funds, is the school a public secondary school, and does the school allow any non-curriculum clubs to meet on campus.
www.mycampus.org /Sample_letters_bible_clubs.htm   (1757 words)

  
 Handout 1C
The application of the Equal Access Act (hereinafter referred to as the "Act") is simple--all groups must be treated equally without discrimination.
A concern that was brought up during the legislative hearings on the Act was that equal access would allow groups in public schools which are racist, hate groups, or disruptive.(6) However, the Act has been in effect since 1984, yet an influx of disruptive hate groups disturbing schools has not occurred.
Though the Supreme Court in 1986 hinted that the Act was constitutional in the case of Bender v.
www.maxwell.syr.edu /plegal/crit3/mcgheehc.html   (1840 words)

  
 American School Board Journal: November 2003 School Law
The impetus for Congress' passage of the Equal Access Act (EAA) came from federal court decisions in the early 1980s holding that the Establishment Clause barred student extracurricular religious clubs from meeting in public schools.
According to the EAA, public secondary schools that receive federal funds cannot allow some noncurriculum-related student extracurricular groups to meet on campus, then deny access to others on the basis of their religious, political, or philosophical views.
The final question was whether the Equal Access Act allowed the school to ban the alliance because it might interfere with school activities.
www.asbj.com /2003/11/1103schoollaw.html   (1826 words)

  
 We Care America - Equal Access Act   (Site not responding. Last check: 2007-10-25)
Congress enacted the Equal Access Act to cure pervasive antireligious bigotry exhibited by public secondary school officials in the aftermath of the Supreme Court's school prayer cases.
When these factors are satisfied, federal law compels school officials to provide equal access to students who want to organize and conduct Bible clubs and student prayer groups.
Once the Equal Access Act is triggered, the school must provide a room for the Bible club.
www.wecareamerica.org /equalaccessact.asp   (1069 words)

  
 The Rutherford Institute - Legal Features
The United States Congress passed the Equal Access Act (the “EAA” or the “Act”) in 1984 to protect the religious rights of public school students.
The Act also requires that schools grant religious student groups official recognition under the same conditions as they grant such recognition to non-religious student groups, and that they afford religious groups the same rights and privileges as they offer other groups.
The First Amendment analysis parallels the provisions of the Equal Access Act, as the Act merely represents a codification of First Amendment law as applied to the public school context.
www.rutherford.org /articles_db/legal_features.asp?article_id=60   (1112 words)

  
 Liberty Magazine
The Equal Access Act was upheld by the Supreme Court in 1990 by a vote of 8-1 in Westside Community Schools v.
The Equal Access Act permits schools to deny access to groups that are unlawful or that might "substantially interfere" with the orderly conduct of the institution.
After the Act was upheld by the Supreme Court, the groups put together a booklet titled "The Equal Access Act and the Public Schools: Questions and Answers." The publication uses layperson's language to describe what the Act says and how it works.
www.libertymagazine.org /article/articleview/168/1/40   (2956 words)

  
 firstamendmentcenter.org: Student expression in Speech - Topic
In 1984, Congress passed the Equal Access Act, which forbids schools from discriminating against clubs or denying them equal access to school facilities because of their philosophical or religious viewpoints.
The school board had argued that the primary purpose of the Equal Access Act was religious, that the primary effect of the law was to advance religion and that it caused an excessive entanglement between religion and schools.
The Equal Access Act serves a vital purpose in public schools by allowing many student groups to meet even though some may disagree with their ideologies, religions or politics.
www.firstamendmentcenter.org /speech/studentexpression/topic.aspx?topic=Clubs   (1909 words)

  
 ACLU of Washington | Content Detail
The federal Equal Access Act (“EAA”), 20 U.S.C. § 4071, requires any school that receives federal funds to guarantee equal access to school facilities for all noncurriculum-related student groups, regardless of the religious, political, philosophical, or other content of the speech that occurs at the group's meetings.
After Prince, a school cannot base equal access decisions on the results of a student vote, even where the ASB governing body continues to vote on which student groups are ASB-affiliated.
This is to ensure that a school does not deny equal access to noncurriculum-related clubs by making tenuous claims that all of its favorite clubs are curriculum-related and that no open forum exists for meetings for anyone else.
www.aclu-wa.org /detail.cfm?id=152   (1872 words)

  
 First Amendment Schools: The Five Freedoms - Court Case
Mergens argued that the Equal Access Act required the school to grant her request to form a Christian club.
The Act requires that secondary schools allowing "noncurriculum related clubs" to meet must also allow religious and political clubs, as long as they are student-initiated and student-led.
Whether the Equal Access Act requirement that schools permitting noncurriculum related clubs must also permit student religious clubs is a violation of the Establishment Clause.
www.firstamendmentschools.org /freedoms/case.aspx?id=497   (321 words)

  
 The Equal Access Act — HB-Rights.org
The Act applies to secondary schools (high schools) that receive federal funds and have a "limited open forum", which means that there are one or more non-curriculum related clubs--the Act therefore applies to most public high schools.
Equal access to meeting spaces, the PA system, school newspapers, bulletin boards, copy machines, etc.
It should come as no surprise that both of the lawsuits mentioned in the article have since been settled in favor of the students' right to form clubs and be treated equally as guaranteed by law.
www.hb-rights.org /1local/issue2/4students/equal1   (360 words)

  
 BSALegal.org > Access to Government Forums
State and local governments may lease property to nonprofit groups on terms that are equal to or preferential to terms allowed to commercial groups but may not engage in viewpoint discrimination.
The Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905, was passed because “[a]ll over the country the Boy Scouts are under attack and being thrown out of public facilities that are open to other similarly situated groups.
The access must be “on terms that are no less favorable than the most favorable terms provided to one or more outside youth or community groups.” 34 C.F.R. § 108.6(b)(4).
www.bsalegal.org /accessto-154.htm   (2187 words)

  
 Policies & Procedures - Procedure #9130
Such recognition shall be limited to the purpose of providing equal access to school facilities and complying with the Equal Access Act.
All student groups that have been authorized to use school facilities shall have equal access to space in school facilities for their meetings and also access to bulletin boards, the public address system, student newspapers, and other means used for announcements.
The school may restrict such access, so long as such restrictions are applied on a uniform basis to both school-sponsored clubs and nonschool sponsored student groups alike.
www.spokaneschools.org /polpro/view.asp?uid=747   (635 words)

  
 The Equal Access Act
Official neutrality regarding religious activity: Teachers and school administrators, when acting in those capacities, are representatives of the state and are prohibited by the establishment clause from soliciting or encouraging religious activity, and from participating in such activity with students.
THE EQUAL ACCESS ACT: The Equal Access Act is designed to ensure that, consistent with the First Amendment, student religious activities are accorded the same access to public school facilities as are student secular activities.
Under the Equal Access Act, a school receiving Federal funds that allows one or more student noncurriculum-related clubs to meet on its premises during noninstructional time may not refuse access to student religious groups.
www.witchvox.com /white/wequalaccessact.html   (2397 words)

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