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)

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…

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…

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…

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)

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)

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…