Policy 1006.01

Community Use of School Facilities

Equal Access to Student Groups.  In the event any that high schools in this district have a limited open forum as defined in the Equal Access Act, such school(s) shall not deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.  A limited open forum for this purpose exists if the secondary school grants an offering to or opportunity for one or more non-curriculum related student groups to meet on school premises during non-instructional time.

All such student meetings at school are subject to the following requirements:

    1. the meeting must be voluntary and student-initiated;
    2. there must be no sponsorship of the meeting by the school or its agents or employees;
    3. employees or agents of the school are present at religious meetings only in a non-participatory capacity;
    4. the meeting must not materially and substantially interfere with the orderly conduct of educational activities within the school; and
    5. non-school persons may not direct, conduct, control, or regularly attend activities of the student group.

The administration shall in all respects maintain the District in compliance with the Equal Access Act.

Equal Access to Boy Scouts.  If the District provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities before or after school hours, the District shall not deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America. The same principles apply to any other youth group listed in Title 36 of the United States Code as a “patriotic society.”  The administration shall in all respects maintain the District in compliance with the Boy Scouts of America Equal Access Act.

The use of school facilities for student meetings and Boy Scouts as provided above shall be subject to the same provisions as other community, non-school groups and may be required to complete a community use application as and to the same extent as other non-curriculum related student groups (in the case of student meetings) and other outside youth or community groups (in the case of the Boy Scouts).

In order to assure a close relationship between the district and the community, it shall be the policy of the Board to grant and encourage maximum use of school facilities to responsible and properly organized Elkhorn recreational/community groups.

The superintendent or designee may approve the use of school facilities by non-school organizations. Charges shall be made according to the schedule of fees approved by the Board.

The Superintendent shall establish such rules and regulations as needed to implement this policy as well as to assure the preservation of school district property.

Nonpublic Forum and Limited Open Forum Nonpublic Forum

All of the District’s facilities, grounds, programs and activities are hereby designated as, and shall remain, nonpublic forums, unless otherwise specifically provided.

Limited Open Forum for Non-curriculum-related Student Groups

High school non-curriculum related student groups will be provided a fair opportunity, equal access to, and will not discriminate against non-curriculum-related student groups who wish to conduct meetings before school, after school, during lunch or at other non-instructional times.  This policy shall not, however, limit the authority of the school to maintain order and discipline on school premises, to protect the well- being of students and faculty, and to assure attendance of students at such meetings is voluntary. The views, aims, policies, opinions or content of meetings conducted under the provisions of this policy are not, and are not to be, considered as being endorsed or sponsored by the District, its Board members, administrators, employees or agents.

Legal Reference:         20 U.S.C. §§ 4071-4074 (Equal Access Act)

20 U.S.C. § 7905 (Boy Scouts of America Equal Access Act) & 34 CFR Part 108

Approved: October 12, 1992
Revised: December 11, 1995
Revised: September 11, 2006
Revised:  November 14, 2016