A High Schooler puts it this way:During hectic days, it can be difficult to find time to talk about topics that you care about deeply. Imagine being able to settle down in a classroom full of students who care about the same issues you do. You are given a full hour to debate and express your feelings about how to solve these problems and whom they affect.
An open Christian Environment...helps students solve even personal problems and get support when needed. We need to bring hope into our schools. Our students are more confused than ever.
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Alarming Statistics
about high schools from the Center for Disease Control for 2015. During the last 12 months:
29.9% of students had felt sad or hopeless almost every day for two or more weeks in a row
17.7% of students had seriously considered attempting suicide
6.7% of students had been physically forced to have sexual intercourse when they did not want to.
19.6% of students had been bullied on school property.
7.1% of students had not gone to school on at least 1 day during the 30 days before the survey because they felt they would be unsafe at school or on their way to or from school.
21.9% of students nationwide had ridden one or more times in a car driven by someone who had been drinking alcohol during the 30 days before the survey.
24.7% of students had been in a physical fight
21.7% of students had been offered, sold, or given an illegal drug by someone on school property.
24.3% of students who did not use any method to prevent pregnancy during last sexual intercourse
1 Kann L, Olsen EO, McManus T, et al. Sexual Identity, Sex of Sexual Contacts, and Health-Related Behaviors Among Students in Grades 9–12 — United States and Selected Sites, 2015. MMWR Surveill Summ 2016;65(No. SS-9):1–202. DOI
retrievable at:
https://www.cdc.gov/mmwr/volumes/65/ss/ss6509a1.htm
The MMWR series of publications is published by the Center for Surveillance, Epidemiology, and Laboratory Services, Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services, Atlanta, GA 30329-4027.
The Equal Access Act
The Act states that if a secondary public school receives Federal funds and has a limited open forum, it must provide equal access to all non-curricular clubs during non-instructional time. Schools cannot prohibit such clubs unless they "materially and substantially interfere with the orderly conduct of educational activities within the school."
The act has three stipulations:
1. It cannot discriminate "on the basis of religious, political, philosophical, or other content of the speech at such meetings"
2. The club has to be student-initiated and student managed.
3. Schools are only allowed to restrict the club to maintain order and to protect the safety and well-being of students and faculty. However school officials do have the right to entirely shut down all non-curricular clubs. Prohibiting every single club including the football team would constitute closing the limited open forum and the Equal Access Act would no longer apply and require equal access to all clubs.
The act has three stipulations:
1. It cannot discriminate "on the basis of religious, political, philosophical, or other content of the speech at such meetings"
2. The club has to be student-initiated and student managed.
3. Schools are only allowed to restrict the club to maintain order and to protect the safety and well-being of students and faculty. However school officials do have the right to entirely shut down all non-curricular clubs. Prohibiting every single club including the football team would constitute closing the limited open forum and the Equal Access Act would no longer apply and require equal access to all clubs.
What does equal access mean?
The school has to provide equal access to all non-curricular clubs. If at least one or more curricular clubs exist the school has established a limited open forum and must provide equal access to all facilities used by one or more of the clubs such as: classrooms, copy machines, intercoms, club fairs, bulletin boards, school newspapers, yearbook pictures or any other benefit provided to a secular club1.
​What is a secondary school?
State law, not federal law, defines which grades are considered secondary schools. Grades 9-12 are always included. However, “It is unlikely that the Equal Access Act applies to so-called "middle" schools2.”
What is a student-initiated club?
The club has to be started and controlled by students not adults. Neither school employees nor outside people can initiate or maintain the club. Students can invite outside speakers but those speakers cannot be regulars or come more often than about once per month. However, students can meet as often as they want with a mentor outside of school who helps and instructs them how to successfully run a club. Students may choose their club leaders restricting certain leadership roles to their beliefs. “However, general membership probably cannot be limited3.”
What is a non-curricular club?
The Supreme court stated that a non-curricular club is "any student group that does not directly relate to the body of courses offered by the school4." For example chess clubs, drama clubs and community service clubs, etc. fall into that category.
What is non-instructional time?
"Non-instructional time5" is any time when no instruction takes place. Such as in the morning before classroom instruction begins or in the afternoon when instruction is over. Lunches and free periods are also considered non-instructional time. Generally, if other clubs are meeting during certain times the christian club has the same privilege.
Can the school deny a christian club if the school has not created a "limited open forum"?
Yes. Any club using the Equal Access Act can only be started if the school board has a policy to agree to have a limited open forum. If at least one other non curricular club exists in the school, the school has already created a limited open forum and needs to allow the christian club as well.
However a christian club can also be established in this case via the First Amendment Rights which does not need a limited open forum.
However a christian club can also be established in this case via the First Amendment Rights which does not need a limited open forum.
Can a school regulate when and where the club meets?
The school has the authority to set a reasonable time and place. However it must not discriminate and must apply those guidelines to all clubs equally.
Do I need a teacher sponsor for the Club?
The Equal Access Act does not mandate school sponsors. Therefore sponsorship is determined by individual school policies. If the school does require club sponsors it’s important to know that sponsors of other clubs are allowed to participate in the club. However the act stipulates that the sponsors of christian clubs can only attend in a non-participatory function. This is to prevent the appearance that the school is trying to establish religion thus violating the establishment clause.
Can students disseminate flyers about their club or announce the club meeting on the intercom?
Yes, christian clubs have the same rights as other clubs to promote and invite other students to the club. This does not constitute an official sponsorship by the school which would violate the establishment clause. If schools want to avoid the appearance of a possible establishment violation they can add a disclaimer to the bottom of the flyer or at the end of the announcement stating that this activity is not officially endorsed by the school.
What if the school is fearful of violating the establishment clause?
Even though the Mergens case mentioned below ruled that a christian club cannot violate the establishment clause some school officials are still fearful. Especially when students exercise their right to send out flyers or make an announcement on the intercom. In that case the school can have the club add a disclaimer at the bottom of the flyer stating that this is not a school endorsed event. The same can be stated after the intercom announcement. This alleviates any fears school officials may have.
Can outside speakers or community leaders speak at meetings?
Non-students ”may not direct, conduct, control or regularly attend activities of student groups6." Speakers may infrequently come to meetings if invited by the students and if the school does not prohibit such guests in other clubs. However, school administration is allowed to prohibit outside speakers in a christian club if they prohibit it in all non-curricular school clubs.7
