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legal protections for GSAs
In public schools,
GSAs can’t be discriminated against and held to different
standards than other student clubs—it's the law. Schools
that receive federal money and allow other non-curricular student
clubs (clubs that don’t directly relate to classes at your
school) to meet are prohibited from discriminating against any
student group based on its viewpoint.
Public schools are covered
by the Federal Equal Access Act if they allow any non-curricular
club (even one) to meet at the school. If your school is covered
(most public schools are), then you have a legal right to
form a GSA and a legal right to be treated just like any other
student clubs at your school. So, if other clubs at your school
are allowed to post displays on the bulletin boards, make announcements
and use classrooms for meetings, your GSA can too.
Many school districts have policies
emphasizing that schools can't prohibit student groups from forming
just because teachers, parents or others disagree with a group’s
purpose or topic. This, to, is the law. If a public school refuses
to allow you a GSA—even after being informed of their legal
responsibilities, then litigation may be required. In many cases,
this is a last resort.
The Iowa Pride Network strongly
advocates that students use existing channels and procedures to
create their GSA. Working cooperatively with your administration
makes it much more likely administrators will learn to value the
GSA’s presence, leading to easier working relationships
in the future. We believe that most teachers and administrators
want to do the right thing and what is legally required of them.
As some of our students have witnessed, some teachers and administrators
are unaware of their legal responsibility, but once informed by
students act quickly in accordance with the law.
While suing a school may be the
last resort, seeking legal support is not. If necessary for legal
support, seek help by researching the legal issues from organizations
such as the Iowa Pride Network. Legal advisors may also be able
to provide a letter of support, a basic document informing administrators
that a GSA does have a legal right to meet.
(Adapted from Lambda Legal: www.lambdalegal.org and GLSEN: www.glsen.org)
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