FNAB(LEGAL) - STUDENT EXPRESSION: USE OF SCHOOL FACILITIES FOR NONSCHOOL PURPOSES

Equal Access Act

Limited Open Forum in Secondary Schools

20 U.S.C. 4072(1), (3)–(4)

The subject matter of the group is actually taught or will soon be taught in a regularly offered course.

The subject matter of the group concerns the body of courses as a whole.

Participation in the group is required for a particular course.

Participation in the group results in academic credit.

Westside Cmty. Sch. v. Mergens, 496 U.S. 226 (1990)

The meeting is voluntary and student-initiated.

There is no sponsorship of the meeting by the school or any government or its agents or employees.

School employees are present at religious meetings only in a nonparticipatory capacity.

The meeting does 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.

20 U.S.C. 4071(c), 4072(2)

Influence the form or content of any prayer or other religious activity.

Require any person to participate in prayer or other religious activity.

Expend public funds beyond the incidental cost of providing the space for student-initiated meetings.

Compel any school agent or employee to attend a meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee.

Sanction meetings that are otherwise unlawful.

Limit the rights of groups of students that are not of a specified numerical size.

Abridge the constitutional rights of any person.

20 U.S.C. 4071(d)

Maintain Order

Religious Groups and Activities

Education Code 25.154

Katy ISD

FNAB(LEGAL)-P

UPDATE 81

DATE ISSUED: 10/10/2007