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Crossley, Danielle S. – Online Submission, 2010
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…
Descriptors: Clubs, Homosexuality, High School Students, Student Rights
Dunaway, David M.; McColl, Ann; Nichols, Aimee V. – AASA Journal of Scholarship & Practice, 2010
The purpose for this article is to explore the juxtaposition of legal expectations, conflicting community cultural values, and the role of the superintendent in these connected but often conflicting issues. The authors explore several issues through the lens of Gay-Straight Alliance clubs, the "Equal Access Act," and the role of the…
Descriptors: Rural Areas, Local Issues, Values, Boards of Education
Senes, Meridyth M. – American School Board Journal, 1988
Describes one school board member's experiences, including being sued by a group (to which her son belonged) desiring to hold a peace fair on school property. Recounts massive reading assignments, disciplinary and due process hearings, countless meetings, and other official and unofficial responsibilities. Advocates smooth proceedings and…
Descriptors: Board of Education Role, Boards of Education, Court Litigation, Educational Facilities
Dowling-Sendor, Benjamin – American School Board Journal, 2000
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.…
Descriptors: Boards of Education, Clubs, Conservatism, Extracurricular Activities

Tatel, David S.; Mincberg, Elliot M. – West's Education Law Reporter, 1989
Examines questions that continue to be raised by court decisions concerning the Equal Access Act of 1984 regarding the use of school facilities by religious and political groups. Offers some suggestions for school boards and administrators including the need for careful and explicit policies and rules. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Educational Facilities, Extracurricular Activities

Goldsmith, Kory – School Law Bulletin, 1990
The Supreme Court affirmed in "Mergens" that the Equal Access Act represents a legislative determination that secondary school students are mature enough to be exposed to an open forum. However, schools can either recognize noncurriculum-related groups, restrict student groups to curriculum-related activities, abolish student clubs, or…
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities
Jones, H. Lawrence; Martin, James – 1991
The Equal Access Act of 1984 was drafted to implement access for religious clubs to public secondary schools, but with constitutionally protected safeguards to preclude entanglement of church and state. A number of challenges were made on the constitutional grounds of excessive entanglement of church and state, as well as what the definition of…
Descriptors: Board of Education Policy, Extracurricular Activities, Federal Legislation, Federal Regulation
Baron, Mark A.; Bishop, Harold L. – American School Board Journal, 1991
In "Mergens," the Supreme Court ruled that the Equal Access Act was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Provides a chronology of First Amendment and Equal Access Act cases; advises school boards about policy issues; and lists the availability of a…
Descriptors: Board of Education Policy, Compliance (Legal), Constitutional Law, Court Litigation

McCarthy, Martha M. – West's Education Law Reporter, 1991
Although the Supreme Court's "Mergens" decision settled the controversy over the constitutionality of the Equal Access Act, the ruling seems to make more ambiguous the definition of a limited open forum for student expression and the legal status of devotional activities. (55 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities

Fleming, Merle Wilna; Peeler, Ronald L. – West's Education Law Reporter, 1991
The Supreme Court's interpretation of the Equal Access Act in "Mergens" alters the role of school officials in the recognition and functioning of student groups. The views of the justices are summarized followed by issues that may arise if a school decides against, or in favor of, having a limited open forum. (101 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Court Role, Curriculum
Department of Education, Washington, DC. – 1998
These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. Changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in "Boerne v. Flores" declaring the Religious Freedom Restoration Act…
Descriptors: Board of Education Policy, Commencement Ceremonies, Compliance (Legal), Constitutional Law