Assuring Equal Access at School

Two weeks ago, we discussed the importance of keeping a religiously neutral position at school. Today, we would like to expand on that idea for noninstructional hours. The Equal Access Act of 1984 mandates that public secondary schools allowing student groups to gather must not discriminate against the groups based on their content. This means that charter schools must allow religious student groups to meet if they allow other groups to meet as well.

It is important that your school’s Equal Access Policy follows the standards of the Equal Access Act. If you don’t have the capacity, ability, or desire to host student groups, or receive no federal funds, you may be exempt from requirements of the Equal Access Act. However, if even one student group uses the space, then you must allow all student groups access to school facilities, with a few exceptions. Be sure to check your Equal Access Policy and associated procedures to ensure your school is encouraging the widest diversity in learning and student engagement, even in noninstructional hours.

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