Students
Student Use of Buildings - Equal Access
[For high school and unit districts]
For purposes of this Board policy, the District has established a limited open forum for high school students enrolled in the District. Each District high school shall offer an opportunity for student-led noncurriculum related student groups to meet on school premises during noninstructional time. Noncurriculum related student groups are those student groups, clubs, or organizations that do not directly relate to the curriculum. For purposes of this Board policy, a non-school sponsored noncurriculum related student group is a noncurriculum related student group that is student led.
A student group or club is school sponsored if the District approves the student group or club to have a paid adult sponsor to promote, participate, and/or lead its activities. However, assigning a teacher, administrator, or other school employee to supervise a meeting for custodial purposes, allowing groups to promote meetings, and providing access to resources as determined by the District do not constitute sponsorship of the student group or club, nor does it constitute the District’s endorsement or agreement with the activity or the speech of
the students who participate in the activity.
Extracurricular and co-curricular student groups or clubs that are school sponsored are governed by Board policy 6:190, Extracurricular and Co-Curricular Activities.
Student groups or clubs directed and controlled by non-school persons are governed by Board policy 8:20, Community Use of School Facilities.
Student-led noncurriculum related student groups or clubs that are not school sponsored are granted free use of school premises and/or access to school resources for a meeting or series of meetings under the following conditions:
- The meeting is held during those noninstructional times identified by the Superintendent or designee for noncurriculum related student groups, clubs, or organizations to meet. Noninstructional time means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.
- All noncurriculum related student groups that are not school sponsored receive substantially the same treatment.
- The student group or club and the meeting are student-initiated, meaning that the request is made by a student, and the group or club is led by a student.
- Student attendance at the meeting is voluntary.
- The school and school employees will not promote, lead, participate in, or otherwise sponsor the meeting.
- School employees are present at religious meetings only in a nonparticipatory capacity.
- The meeting and/or any activities engaged in by the student group or club do not materially or substantially interfere with the orderly conduct of educational activities.
- Non-school persons do not direct, conduct, control, or regularly attend the meetings.
- The school retains its authority to maintain order and discipline.
- A school staff member is present in a supervisory capacity.
- The Superintendent or designee approves the use of school premises and/or access to school resources for a meeting or series of meetings.
- The school requires neutral content generally limited to club/group name, meeting time(s), and location(s) as well as the approval of the Building Principal or designee for all advertisements, wall postings, or flyers.
The Superintendent or designee shall develop administrative procedures to implement this policy.
| LEGAL REF.: | 20 U.S.C. §4071 et seq., Equal Access Act. Bd. of Ed. of Westside Community Sch. Dist. v. Mergens, 496 U.S. 226 (1990). E.D. by Duell v. Noblesville Sch. Dist., 151 F.4th 907 (7th Cir. 2025). Gernetzke v. Kenosha Unified Sch. Dist. No. 1, 274 F.3d 464 (7th Cir. 2001), cert. denied, 535 U.S. 1017. |
| CROSS REF.: | 6:190 (Extracurricular and Co-Curricular Activities), 7:10 (Equal Educational Opportunities), 8:20 (Community Use of School Facilities), 8:25 (Advertising and Distributing Materials in Schools Provided by Non-School Related Entities) |
UPDATED: September 23, 2026
