OCR is responsible for enforcing federal civil rights laws that prohibit discrimination by educational institutions on the basis of disability, race, color, national origin, sex, and age, as well as the Boy Scouts of America Equal Access Act
Religious groups like FCA and Project 7, a rapidly growing organization affiliated with the Assemblies of the Lord Jesus Christ, rely on a 1984 law titled the Equal Access Act
(EAA) to conduct their activities in public schools.
Department of Education states, "The Equal Access Act
requires public secondary schools to treat all student-initiated groups equally, regardless of the religious, political, philosophical, or other subject matters discussed at their meetings.
at schools that have gay-straight alliance clubs, the federal Equal Access Act
which 'requires equal access to school resources for all extracurricular clubs, including gay-straight alliances and LGBT support groups.
In a June 14 "Dear Colleague" letter Secretary Duncan reminds public secondary schools of their obligation under the Equal Access Act
to treat all student-initiated groups equally, regardless of the religious, political, philosophical, or other subject matters
Rodriguez had argued that denying Peet the chance to create a Gay-Straight Alliance violates the Equal Access Act
, a law mandating that federally funded schools provide equal access to extracurricular clubs.
LGBTQ youth are becoming more open about their sexual orientations and gender identities, which has resulted in more efforts by students to form student groups to discuss issues surrounding sexual orientation and gender identity, and in turn greater resistance to the formation of GSAs from school districts that oppose them) LGBTQ students usually contend that GSA prohibitions violate their rights under the Federal Equal Access Act
(2) (EAA) and the First Amendment.
Michael Moore of the Southern District of Florida based his decision on the federal Equal Access Act
, which states that federally funded secondary schools may not refuse equal access to non-curricular student organizations because of religious, political, philosophical, or other aspects of students' speech.
When Bridget challenged the principal's decision, her lawsuit became the Supreme Court's test case for deciding whether the Equal Access Act
was constitutional under what is known as the Establishment Clause of the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
After eighteen months of negotiations, this incipient legislation became the Equal Access Act
of 1984, passing the Senate 88-11 and the House 337-77.
That prevents the group from posting signs and distributing fliers and is an alleged violation of the Equal Access Act
since the school receives federal funds.
Due to a 1984 federal Equal Access Act
, she has a right to form a non-curriculum club in a school that receives federal funds.