7:330 Student Use of Buildings – Equal Access
Student groups or clubs that are not school sponsored are granted free use of school premises for a meeting or series of meetings under the following conditions:
- The meeting is held during those non-instructional times identified by the Superintendent or designee for non-curricular student groups, clubs, or organizations to meet. Non-instructional time means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends. Non-curricular student groups are those student groups, clubs, or organizations that do not directly relate to the curriculum.
- All non-curriculum related student groups that are not District sponsored receive substantially the same treatment.
- The meeting is student-initiated, meaning that the request is made by a student.
- Attendance at the meeting is voluntary.
- The school will not sponsor the meeting.
- School employees are present at religious meetings only in a non-participatory capacity.
- The meeting and/or any activities during the meeting do not materially or substantially interfere with the orderly conduct of educational activities.
- Non-school persons do not direct, conduct, control, or regularly attend the meetings.
- The school retains its authority to maintain order and discipline.
- A school staff member or other responsible adult is present in a supervisory capacity.
- The Superintendent or designee approves the meeting or series of meetings.
The Superintendent or designee shall develop administrative procedures to implement this policy.
Legal Reference(s):
20 U.S.C. § 4071 et seq., Equal Access Act
Board of Education of Westside Community School Dist. v. Mergens, 496 U.S. 226, 110 S.Ct. 2356, 110 L.Ed.2d 191 (1990).
Gernetzke v. Kenosha Unified School Dist. No. 1, 274 F.3d 464 (7th Cir. 2001), cert. denied, 122 S.Ct. 1606.
Cross Reference:
7:010 Equal Educational Opportunities, 8:020 Community Use of School Facilities
Date Adopted: 05/27/2008
Date Amended: 11/14/2023
