6145.5
AR
Administrative Regulation
Student Organizations And Equal Access
In order to maintain a closed forum at district schools, each principal or designee shall ensure that all school-sponsored student organizations are curriculum-related. In order to qualify as "curriculum-related," a student group shall meet one or more of the following criteria:
- The subject matter of the group is currently taught or will be taught in a regularly scheduled course.
- The subject matter of the group concerns the body of courses as a whole (e.g., student government).
- Participation in the group is required for a particular course.
- Participation in the group results in academic credit.
Meetings may also be held during the lunch period.
Meetings held within the limited open forum shall entail no expenditure of public funds beyond the incidental cost of providing the meeting space. (20 USC 4071)
Students shall leave the meeting place in a clean, orderly, and secure condition after their meetings. The Superintendent or designee may deny the use of facilities to any group that he/she believes will materially disrupt the school program or threaten the health and safety of students and staff. (20 USC 4071)
Authorization for Student Groups
Any student wishing to create either a curriculum- or noncurriculum-related student group shall first request authorization from the principal or designee. The group shall provide the principal or designee with the following information:
- Name of the organization and names of student contacts
- A statement of the organization's purposes, objectives, and activities
- A copy of the proposed bylaws of the student group, including a description of how officers will be selected, as well as the bylaws of any off-campus organization with which the group may be affiliated
- The name of the proposed faculty advisor, if any
- The proposed dates, times, and location of meetings
- Any special equipment to be used
- A description of the qualifications for membership, if any
- If a curriculum-related group, a statement of the relation of the club to the curriculum and/or instructional program
The principal or designee may establish school rules governing the meetings of curriculum-related groups, such as attendance or grade requirements. Such rules may vary depending on the group, such as whether or not academic credit is given for participation in the group.
Role of Staff Adviser
For any curriculum-related student group, the staff adviser shall provide guidance and teaching to students to ensure that the group's activities are aligned to the district's goals and objectives and shall provide supervision and leadership of the group. The principal shall have final authority in determining the assignment and role of the staff adviser.
For noncurriculum-related student groups, a staff adviser may be assigned voluntarily to observe meetings for purposes of maintaining order and protecting student safety. Staff advisers and other school employees shall not promote, lead, or participate in the meetings. (20 USC 4071, 4072)
A school employee may refuse to attend a meeting of a student group if the content of the speech at the meeting is contrary to the employee's beliefs. (20 USC 4071)
Hazing
Any student who engages in hazing may be subject to discipline including, but not limited to, suspension or expulsion. Hazing means a method of initiation or pre-initiation into a student organization or body, whether or not the organization or body is officially recognized by the district, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student. (Education Code 48900)
Legal & Management References
State
5 CCR 350 - Fees not permitted
5 CCR 80413.3 - Credential requirements; teachers with out-of-state credentials
Ed. Code 200-262.4 - Prohibition of discrimination
Ed. Code 37220-37223 - Holidays
Ed. Code 38130-38139 - Civic Center Act
Ed. Code 48645.5 - Former juvenile court school students; enrollment
Ed. Code 48900 - Grounds for suspension or expulsion
Ed. Code 48907 - Exercise of free expression; time, place, and manner rules and regulations
Ed. Code 48930-48938 - Student organizations
Ed. Code 48950 - Speech and other communication
Ed. Code 49020-49023 - Athletic programs; legislative intent, equal opportunity
Ed. Code 52 - Designation of secondary schools
Ed. Code 53 - Designation of high schools
Pen. Code 627-627.10 - Access to school premises
Federal
20 USC 4071-4074 - Equal Access Act
20 USC 7904 - School prayer
20 USC 7905 - Boy Scouts equal access
36 USC 20101-240112 - Patriotic organizations
Management Resources
Court Decision - Board of Education of Westside Community School District v. Mergens By and Through Mergens (1989, 8th Cir.) 867 F.2d 1076
Court Decision - Ceniceros v. Board of Trustees of the San Diego Unified School District (1997) 106 F.3d 878
Court Decision - Culbertson et al. v. Oakridge School District (2002) 258 F.3d 1061
Court Decision - Good News Club et al. v. Milford Central School (2001) 121 S.Ct. 2093
Court Decision - Hartzell v. Connell (1984) 35 Cal. 3d 899
Court Decision - Perumal et al v. Saddleback Valley Unified School District (1988) 198 Cal. App. 3d 64
Court Decision - Prince v. Jacoby (2001) 303 F.3d 1074
Court Decision - Student Coalition for Peace v. Lower Merion School District Board of Directors (1985) 776 F.2d. 431
Website - CSBA District and County Office of Education Legal Services
Website - California Attorney General's Office
Website - California Interscholastic Federation
Website - Council on Standards for International Educational Travel
Website - U.S. Department of Education
Cross References
1114 AR District-Sponsored Social Media
1114-E PDF(1) AR District-Sponsored Social Media
1325 AR Advertising And Promotion
1330 AR Use Of School Facilities
3452 BP Student Activity Funds
3515.2 AR Disruptions
5131 BP Conduct
5144.1 AR Suspension And Expulsion/Due Process
5145.2 AR Freedom Of Speech/Expression
6142.3 BP Civic Education
6142.7 AR Physical Education And Activity
6144 AR Controversial Issues