InFocus

See all InFocus Postings

What guidelines does the school district follow when approving school club events including the Gay-Straight Alliance's National Coming Out Day event?

We have received several inquiries about the Gay-Straight Alliance (GSA) and its National Coming Out Day event. The approval of this activity is based on both federal law and our school board policies, which uphold equal rights and opportunities for all student-led clubs.

Federal Law:

At the federal level, the First Amendment and the Equal Access Act (EAA) protect student rights in this situation. The First Amendment safeguards free speech, including the right to express diverse viewpoints. In Tinker v. Des Moines Independent Community School District (1969), the U.S. Supreme Court emphasized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

In addition, in Rosenberger v. Rector and Visitors of the University of Virginia (1995), the Supreme Court ruled that a public institution could not discriminate against a student group based on its viewpoint, affirming that viewpoint neutrality is essential in educational settings.

Further, under the Equal  Access Act (1984), if a public school allows non-curricular clubs (like a chess club or drama club), it must allow all student-led clubs equal access, including the GSA, as long as they follow the school's procedures. Denying a student club based on the viewpoints it expresses would violate viewpoint neutrality, a fundamental principle established in Board of Education v. Mergens (1990).

School Board Policy:

Several district policies are relevant to this situation, including School Board Policy 122 - Extracurricular Activities, and School Board Policy 220 - Student Expression/Dissemination of Materials.

• Policy 122 encourages secondary students to pursue clubs and interests, even if they are not directly related to the curriculum. In accordance with federal law, the school maintains a limited open forum for voluntary, student-initiated activities, regardless of religious, political, or philosophical viewpoints.
• Policy 220 outlines specific limitations on student expression, but the GSA's activities do not violate any of these conditions. These limitations apply to material that is defamatory, obscene, disruptive, or incites violence, among others. The GSA’s planned events, including National Coming Out Day, do not meet any of these prohibited criteria, meaning the school cannot restrict their expression.

Conclusion:

In short, the school district is committed to upholding federal law and respecting the constitutional rights of all students. The high school has a variety of student-initiated clubs that express a diversity of viewpoints and interests in accordance with the above legal provisions. Our district's policies ensure that we treat all clubs equally and fairly without engaging in viewpoint discrimination.

The GSA has followed the proper procedures for forming a club and planning its activities. As such, under federal law and district policy, they have the same rights as other student-led clubs to advertise and hold events, including National Coming Out Day. This includes the right to advertise their event on the school's video monitors and host a table in the cafeteria for interested students to approach voluntarily, just as other clubs are permitted to do.