Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

The passage of the Equal Access Act (1984) brought to light the legal conflict that had been building over the previous four decades over who should or should not have access to public school facilities. Following the passage of the Act, many student and community groups began to request use of school facilities. School leaders were called on to…

This brief discusses the Equal Access Act of 1984 and the clarifications set out in the 1990 case of "Board of Education of the Westside Community Schools v. Mergens", as to the protections afforded to queer-friendly student clubs and organizations in public schools. The brief also touches on why these queer-friendly clubs and…

In the wake of institutionalized homophobia afflicting public schools, the nation faces a unique opportunity to acknowledge and transform the assumption that all people are or should be heterosexual and gender-conforming. In this article, the author examines how people, as a nation, can reform schools to be more inclusive of diverse student…

The purpose for this article is to explore the juxtaposition of legal expectations, conflicting community cultural values, and the role of the superintendent in these connected but often conflicting issues. The authors explore several issues through the lens of Gay-Straight Alliance clubs, the "Equal Access Act," and the role of the…

This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…

The Secretary adds a new part to title 34 of the Code of Federal Regulations and amends 34 CFR parts 75 and 76 to implement the provisions of the Boy Scouts of America Equal Access Act (Act). This Act directs the Secretary of Education, through the Office for Civil Rights (OCR), to ensure compliance with this new law. The regulations address equal…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

This paper examines the legislative history of the federal Equal Access Act (EAA), which states that public secondary schools must recognize gay-related groups where the schools receive federal assistance and have a "limited open forum." If the EAA applies, a school must provide a gay-related student group with access to the school that…

Discusses the impact of the Equal Access Act (1984) on the secondary school. Examines those court cases which served as the precursors of this act. Notes that the extent of participation by religious groups in an open forum remains to be seen. (KO)

Describes recent court decisions which have affected equal access to open forums within schools. Reports that there is much confusion surrounding equal access as defined by the courts. Notes that indecision regarding the constitutionality of equal access has led to a flurry of action by schools. Lists questions facing these schools in deciding…

Conflicting opinions between two circuit court decisions set the stage for another consideration of school officials' discretion in deciding whether the Equal Access Act would apply to their schools based on the presence or absence of a limited open forum. (MLF)

The conflict between the Equal Access Act's admonitions and the judiciary's interpretations has created an unresolved dilemma for districts confronting the equal access issue. Responses from 129 New York State secondary school principals and 479 superintendents nationwide indicate uncertainty regarding the legality of equal access policies and/or…