I. General Statement. The District shall provide equal access or a fair opportunity to, and shall not discriminate against, any District secondary school students who wish to conduct a non-curriculum related student group meeting on school premises and during non-instructional time, on the basis of the religious, political, philosophical, or other content of the speech at such meeting.
II. Rules Governing Applications for Equal Access by Non-Curriculum Related Secondary School Student Groups.
A. District secondary school students who desire to use District premises for a non-curriculum related student group meeting, must file a written application on forms provided by the District, with the building principal. The application shall include the name of the student group, the specific purpose of the student group, the proposed activities of the meeting, and the names of the students who are authorized on behalf of the student group to submit the application, who will be responsible for any damage to school property, and with whom the building principal can communicate with regard to the applicable rules and any violations thereof. All such applications must be initiated by District secondary school students.
B. The application must be submitted at least three (3) days before the date of the requested use. Applications may be for periodic dates, or for more than one (1) date, or for continued use, but the application shall not exceed the current school year.
C. If the application is approved, the building principal shall designate and assign the rooms or other facilities to be used for the student group meeting or meetings, and if the application is for more than one (1) date, the building principal may establish such other reasonable conditions as may be appropriate for the scheduling of the use of rooms or other facilities.
D. An application shall not be denied on the basis of the religious, political, philosophical, or other content of the speech at the meeting. An application may be denied when there exists a reasonable likelihood of material and substantial interference with the orderly conduct of educational activities within the school, or if the meeting or any expected activities of the student group at the meeting are or will be in violation of any law or ordinance.
E. The approval of an application may be temporarily or permanently terminated by the building principal, if the student group materially and substantially interferes with the orderly conduct of educational activities within the school, if the activities of the student group violate any law or ordinance, if the student group has abused school property, or if the student group violates any provisions of this Rule.
F. If a student’s or student group’s application is denied or temporarily or permanently terminated, the student or student group may request a hearing in accordance with the provisions of Section VI hereinafter.
III. Rules Governing Meetings.
A. The meetings of non-curriculum related secondary school student groups shall be held at assigned times during the non-instructional times either before actual classroom instruction begins or after actual classroom instruction ends.
B. Student participation in the meetings of non-curriculum related secondary school student groups shall be voluntary and shall be limited to those individuals who are then currently enrolled as students at the school.
C. Non-school persons may not direct, conduct, control, or attend the meetings of non-curriculum related secondary school student groups.
D. The building principal may appoint a District employee to serve as a monitor for such meetings. The monitor shall be responsible for monitoring such meetings so as to assure that attendance is voluntary, that the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school or violate any law, ordinance, or provisions of this Rule, that school property is not abused, and that order and discipline are maintained. Monitors shall attend such meetings only in a non-participating capacity. No District employee shall be compelled to be a monitor for any such meeting if the content of the speech at the meeting is contrary to the beliefs of the employee.
E. The meetings of non-curriculum related secondary school student groups shall not be sponsored by the school, District, or District employees or agents.
IV. Athletic Activities. The use of District buildings or facilities for athletic activities or contests shall not constitute a meeting of a non-curriculum related secondary school student group for which equal access is provided under this Rule.
V. Access to Bulletin Boards, Public Address System, and Newspaper. Non- curriculum related secondary school student groups shall have equal access to the use of the building’s bulletin boards, public address system, and school newspaper, for the publication of notices about the meetings of such student groups. Access to the public address system shall be at the times prescribed for such announcements by the building principal. Access to space in the school newspaper shall be on an as available basis. Access to bulletin boards shall be provided in accordance with District Rule 5510.2(I).
VI. Request for Hearing. Any student or student group believing that the District has denied the student or student group equal access under this Rule may request a review of the perceived denial pursuant to the procedures in District Rule 5510.1(IV).
20 U.S.C. § 4071 et seq.