1245    Equal Access Policy

Foundations & Basic Commitments/Rights and Protections

The South Kingstown School Department will provide opportunities for both "sponsored" and "non-sponsored" student activities to meet on school premises during non-instructional time. Such activities will be supervised by a staff member at all times.

A "sponsored" student activity is one which is deemed by the school committee and school staff to be related to the educational mission of the school.

A "non-sponsored" student activity is one that is not curriculum related but is an outgrowth of students' interest in a particular topic, and is also supervised by a staff member under the following conditions:

1.      the meeting is voluntary and student-initiated;

2.      employees or agents of the school or government may be present at non-sponsored activities in a non-participatory capacity only;

3.      the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

4.      non-school persons may not direct, conduct, control or regularly attend activities of student groups.

The school department will not:

1.      influence the form or content of any prayer or other religious activity;

2.      require any person to participate in prayer or other religious activity;

3.      expend public funds beyond the incidental cost of providing the space for student-initiated meetings;

4.      compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;

5.      limit the rights of groups of students which are not of a specified numerical size; or

6.      abridge the constitutional rights of any person;

7.      permit meetings in which unlawful conduct occurs.

The Equal Access Act provides that "schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that there is no sponsorship of the meeting by the school, the government, or its agents or employees".

Furthermore, the school must provide that the meeting "does not materially and substantially interfere with the orderly conduct of educational activities within the school."

Equal access to meeting space includes a listing in the school newspaper and use of bulletin boards. However, listings, notices, etc., referring to non-sponsored clubs would include a disclaimer of school sponsorship or endorsement, and faculty representatives to these clubs would be directed to restrict their involvement in such clubs to keeping order. Religious, political, and advocacy clubs would all fall into this category.

School sponsored clubs and organizations include those clubs that are related to the educational mission of the school. This category could include the chess, stamp, and scuba diving clubs.

DEFINITIONS:

1.      The term "secondary school" means a public school which provides secondary education as determined by state law.

2.      The term "sponsorship" includes the act of promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting.

3.      The term "meeting" includes those activities of student groups which are permitted under a school's limited open forum and are not directly related to the school curriculum.

4.      The term "non-instructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.

This policy does not apply to community organizations, adult or youth oriented, that seek to use school facilities during non-instructional hours, i.e. scouting groups.

Please refer to Use of School Facilities Policy #1330 for additional information.

Policy adopted:  October 28, 1997