Does the EAA apply to all schools?
No. The EAA only applies to schools that meet a three-part test. The school must: • Be a public secondary school; • Receive federal financial assistance; and • Have designated certain facilities as a “limited open forum.” What is a “Secondary School” in the context of the EAA? A secondary school is often defined by state statute, but typically means grades 9 – 12. It is unlikely that the Equal Access Act applies to so-called “middle” schools. 61 What is a “limited open forum” in the context of the EAA? A “limited open forum” is created when a public secondary school allows one or more “non-curriculum related student groups to meet on school premises during non-instructional time.” 20 USCA 4071( b). Local school boards decide whether to create and maintain limited open forums. What is a “non-curriculum related student group”? “Non-curriculum related student group,” as used in Equal Access Act, refers to those student groups whose activities are not directly related to the body of course
