2014 US Code
Title 20 - Education (Sections 1 - 10013)
Chapter 52 - Education for Economic Security (Sections 3901 - 4086)
Subchapter VIII - Equal Access (Sections 4071 - 4074)
Sec. 4071 - Denial of equal access prohibited
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 20 - EDUCATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 20 - EDUCATION CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY SUBCHAPTER VIII - EQUAL ACCESS Sec. 4071 - Denial of equal access prohibited |
Contains | section 4071 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 98-377, title VIII, §802, Aug. 11, 1984, 98 Stat. 1302. |
Statutes at Large References | 98 Stat. 1302 |
Public and Private Laws | Public Law 98-377 |
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It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.
(b) "Limited open forum" definedA public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time.
(c) Fair opportunity criteriaSchools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that—
(1) the meeting is voluntary and student-initiated;
(2) there is no sponsorship of the meeting by the school, the government, or its agents or employees;
(3) employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;
(4) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
(5) nonschool persons may not direct, conduct, control, or regularly attend activities of student groups.
(d) Construction of subchapter with respect to certain rightsNothing in this subchapter shall be construed to authorize the United States or any State or political subdivision thereof—
(1) to influence the form or content of any prayer or other religious activity;
(2) to require any person to participate in prayer or other religious activity;
(3) to expend public funds beyond the incidental cost of providing the space for student-initiated meetings;
(4) to compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;
(5) to sanction meetings that are otherwise unlawful;
(6) to limit the rights of groups of students which are not of a specified numerical size; or
(7) to abridge the constitutional rights of any person.
(e) Federal financial assistance to schools unaffectedNotwithstanding the availability of any other remedy under the Constitution or the laws of the United States, nothing in this subchapter shall be construed to authorize the United States to deny or withhold Federal financial assistance to any school.
(f) Authority of schools with respect to order, discipline, well-being, and attendance concernsNothing in this subchapter shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.
(Pub. L. 98–377, title VIII, §802, Aug. 11, 1984, 98 Stat. 1302.)
SHORT TITLEPub. L. 98–377, title VIII, §801, Aug. 11, 1984, 98 Stat. 1302, provided that: "This title [enacting this subchapter] may be cited as 'The Equal Access Act'."
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