Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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6145.5 BP Board Policy

Student Organizations And Equal Access

The Board of Education believes that student groups or clubs reinforce the instructional program, give students experience in civics and government, and provide social and recreational activities. Student groups also serve to honor outstanding student achievement and enhance school spirit and students' sense of belonging. Prior to meeting on school grounds, all student groups shall be authorized by the principal or designee in accordance with Board policy and administrative regulation. (Limited Open Forum) The Board encourages students to pursue interests and clubs which may not directly relate to the district's curriculum and, to that end, has created a limited open forum. All student-initiated groups shall be given equal access to meet on school premises during noninstructional time without regard to their religious, political, philosophical, or other speech content. The Board shall ensure that: (20 USC 4071, 4072) - The meeting shall be voluntary and student-initiated. - There shall be no sponsorship of the meeting by the school or staff. The term sponsorship means that school staff are promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes shall not constitute sponsorship of the meeting. - Employees of the school shall be present at religious meetings only in a nonparticipatory capacity. - The meeting shall not materially and substantially interfere with the orderly conduct of educational activities within the school. - Nonschool persons shall not direct, conduct, control, or regularly attend activities of student groups. All student clubs or groups shall have equal access to the school media to announce meetings, including the public address system, the school newspaper, bulletin boards, and school web site. However, the principal or designee may issue a disclaimer that such activities are not school-sponsored. All noncurriculum-related student groups shall be given equal access to meeting space, school equipment, and supplies. No school shall deny equal access or a fair opportunity to meet, or otherwise 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 & 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 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