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…

School Boards desiring to avoid the requirements of the Equal Access Act (EAA) to prevent students from organizing Gay-Straight Alliance (GSA) clubs within their schools may have difficulty doing so. However, legal experts have recently purported ways to accomplish this task in order to avoid the problems that may arise when students attempt to…

Evaluates Equal Access Act of 1984 (prohibits denial of equal access to political, religious, and philosophical groups in secondary schools with limited open forums). Includes discussion of free speech, establishment clause, and implementation and effect of the act (some states ignore it, some courts uphold it, and there is no indication of how…

Reviews past history of access of religious activities in public schools in relation to the establishment clause of the First Amendment and sets forth the prerequisites in the Equal Access Act of 1984 for creating a well-defined forum for student-initiated free speech including religious groups in public high schools. (MD)

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…

Reviews the Equal Access Act of 1984 presenting the two major requirements of the act. Discusses the issues raised (in relation to the definition of what constitutes a public forum) in the Pennsylvania case "Student Coalition v. Lower Merion School District." Includes options for schools to consider when establishing "open" or…

Addresses the question of whether student prayer groups should be allowed to use school facilities. The Equal Access Act allows all noncurricular student groups to meet, whereas four federal appellate court decisions ban prayer groups on the basis that separation between church and state outweighs students' right to free speech. (WTH)

The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…

Pressured by religious conservatives, Congress passed the Equal Access Act (1984), allowing secondary school students the right to form on-campus extracurricular religious and other clubs. Recently, a Gay-Straight Alliance Club at a southern California high school was granted court protection under this statute, despite the community's objections.…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…

Here is a book to serve educators from all types of schools in either pre-service or professional development that is designed as a text for master's and licensure (post-master's) level. This book covers all the relevant issues in school law: (1) The legal system; (2) The federal and state role in education; (3) Church-state relationships; (4)…

Legal questions related to extracurricular activities include the following: (1) students "right" to participate; (2) kinds of fees or insurance requirements; (3) regulation of contracts and finances; (4) membership policies acceptable in light of Title IX's prohibition on sex discrimination; (5) reduction of risk of tort liability; and…

Teachers' rights to engage in religious activities may not be as extensive as students' rights. Students may participate in religious clubs on school premises so long as the school permits other noncurricular, student-initiated clubs to meet during noninstructional time. Courts' confusing forum analysis complicates the picture. (Contains 22…

Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)