The Equal Access Act - Student Rights in the Public Schools 2004 | American Center for Law and Justice
  Search  |  Login  |  Register


The Equal Access Act is designed to ensure that, consistent with the First Amendment, student religious activities are accorded the same access to public school facilities as are student secular activities. Based on decisions of the Federal courts, as well as its interpretations of the Act, the Department of Justice has advised that the Act should be interpreted as providing, among other things, that:


General provisions: Student religious groups at public secondary schools have the same right of access to school facilities as is enjoyed by other comparable student groups. Under the Equal Access Act, a school receiving Federal funds that allows one or more student noncurriculum-related clubs to meet on its premises during noninstructional time may not refuse access to student religious groups.


Prayer services and worship exercises covered: A meeting, as defined and protected by the Equal Access Act, may include a prayer service, Bible reading, or other worship exercise.


Equal access to means of publicizing meetings: A school receiving Federal funds must allow student groups meeting under the Act to use the school media - including the public address system, the school newspaper, and the school bulletin board - to announce their meetings on the same terms as other noncurriculum-related student groups are allowed to use the school media. Any policy concerning the use of school media must be applied to all noncurriculum-related student groups in a nondiscriminatory matter. Schools, however, may inform students that certain groups are not school sponsored.


Lunch-time and recess covered: A school creates a limited open forum under the Equal Access Act, triggering equal access rights for religious groups, when it allows students to meet during their lunch periods or other noninstructional time during the school day, as well as when it allows students to meet before and after the school day.


- The Department of Education's

guidelines for the Equal Access

Act were revised May 1998.

History Curriculum Will Be Reviewed

By Carly F. Gammill1447949333690

Islamic indoctrination in our public schools is a concern to parents across America. Parents are questioning local school districts’ choice of curriculum and teaching methods regarding this issue and with good cause. When public middle school students are required to recite Muslim prayers and...

read more

Protecting Those Who Protect US

By Benjamin P. Sisney1447104682935

Our men and women in uniform put their lives on the line every day to defend us, our Constitution, and our way of life. Yet, their own constitutional freedoms are under attack. Here are a few examples. Remember Lance Corporal Sterling ? The Marine whose superior officer ordered her to take down...

read more

VICTORY: Court to Hear Major Case

By Laura Hernandez1446216275805

The United States Court of Appeals for the Armed Forces has just agreed to hear a major religious liberty case, United States v. Sterling , which could have a dramatic impact for the religious liberty of our brave men and women in uniform. In this case, Lance Corporal Sterling, a devout Christian,

read more

One Nation Under Allah?

By CeCe Heil1444318791708

Islamic indoctrination is happening in public schools all across America. Over the past few months, we have updated you on some of the Islamic indoctrination happening in Tennessee and Georgia. However, these are not isolated events – it’s a nation-wide epidemic that has been brewing for a while.

read more