BP 6145.5

Instruction

 

Student Organizations and Equal Access

 

The Governing Board believes that student organizations reinforce the instructional program, give students practice in democratic self-government and provide social and recreational activities. Student organizations also serve to honor outstanding student achievement and enhance school spirit and students' sense of belonging.

 

The Superintendent or designee shall establish criteria and a process for school sponsorship of student clubs.

 

In order to maintain a closed forum on school campuses, only student-initiated groups that relate directly to the curriculum shall be allowed to meet on school premises.

 

All student-initiated groups at secondary schools shall be given equal access to meet on school premises during noninstructional times without regard to their religious, political, philosophical or other speech content.  (20 USC 4071)

 

No school shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or with any other youth group listed as a patriotic society in Title 36 of the United States Code, for reasons based on the membership or leadership criteria or oath of allegiance to God and country.  (20 USC 7905)

 

 

Legal Reference:

            EDUCATION CODE

            52                    Designation of secondary schools

            53                    Designation of high schools

            200-262.3      Prohibition of discrimination on the basis of sex

            32050-32051  Hazing

            48930-48938  Student organizations

            48950             Freedom of speech

            49020             Athletic programs: Legislative intent

            49021             Equal opportunity for male and female students

            49022             Apportionment of funds for male and female students

            49023             Expenditure of public funds; prohibited sex discrimination

            CODE OF REGULATIONS, TITLE 5

            2                      Definitions

            5531               Supervision of extracurricular activities of pupils

            PENAL CODE

            627-627.10  Access to school premises

            UNITED STATES CODE, TITLE 20

            4071-4074     The Equal Access Act

            7904               School prayer

            7905               Boy Scouts equal access

            UNITED STATES CODE, TITLE 36

            20101-240112  Patriotic organizations

            COURT DECISIONS

            Culbertson et al. v. Oakridge School District, (2001) 258 F.3d 1061

            Good News Club et al. v. Milford Central School, (2001) 121 S.Ct. 2093

            Ceniceros v. Board of Trustees of the San Diego Unified School District, (1995)       66 F. 3d 1535

            Board of Education of Westside Community School District v. Mergens By and Through Mergens (1989, 8th Cir.) 867 F.2d 1076,      affd.     (1990) 496 U.S. 226

            Perumal et al v. Saddleback Valley Unified School District, (1988) 198 Cal. App. 3d 64

            Student Coalition for Peace v. Lower Merion School District Board of Directors, (1985) 776 F.2d. 431

            Hartzell v. Connell, (1984) 35 Cal. 3d 899

 

Updated:  4/13/88

Revised:  10/13/99; 6/14/06