Periodically questions arise about whether or not student religious groups are allowed to function in public schools. The
following is an overview via a Q&A format of how federal law  ‐ the Equal Access Act  ‐  enables students to participate in
religious groups. It will attempt to describe both rights and restrictions.

Are students allowed to form religious clubs at Tappan Zee High School?
Yes, students are allowed to form religious clubs in our school. Congress passed a law in 1984 called the Equal Access Act to
make sure public school students who wished to form religious clubs have the same rights as all other students to express
their views and explore their interests through clubs.  Religious clubs are not prohibited or discouraged in our district.

What is the Equal Access Act?
The Equal Access Act was enacted as part of the Education for Economic Security Act of 1984, for the stated purpose of
ending discrimination against student religious groups in the public schools. The Act prohibits a public secondary school that
receives federal funds from denying “equal access” to student groups based upon religious, political, philosophical or other
content of the speech at such meetings.

How have challenges to the Act been upheld?
The US Supreme Court upheld the constitutionality of the Act in 1990 (Mergens case) and, thus, requires public secondary
schools to allow student religious groups to meet on an equal basis with other non‐curricular student groups. Therefore, a
public secondary school must permit student religious clubs, such as bible study or prayer clubs, to meet on school premises.

If some people in the district find having a particular religious club offensive, can it be forbidden by the school?
No.  The Supreme Court has ruled that restricting a club simply because it is religious in a district which already allows other
non‐curricular clubs is a clear example of anti‐religious discrimination. Religious clubs enjoy the same free speech protections
as any other clubs in the school.

What kinds of clubs are allowed?
The district permits non‐curriculum related clubs (e.g., chess club, ski club) thereby creating a limited open forum.  If there
are no non‐curricular student groups, the school is not required to permit student religious groups to meet.

Who can start or sponsor a club?
The club MUST be student-initiated. There should be no school sponsorship; this includes by employees. Sponsorship is defined as: promoting, leading or participating in a meeting. If the club has a teacher (or other employee) present, it must be SOLELY for the purpose of supervising and protecting the safety of students and school property (more in the nature of a monitor than an advisor). The teacher/employee would monitor activities but MAY NOT participate in the club’s activities or serve as advisor to the
club. The students MUST be secondary students (grades 9‐12 generally, although it may apply to 7th and 8th grade students if they
are housed in the same building with high school students).

Who can run the club?
The club MUST be student-led (not led by teachers, parents, employees, or outsiders). While the Act does not require the presence of a faculty monitor at student religious meetings, for liability reasons, there should be a teacher or other adult present SOLELY for the purpose of supervising the students.

Who can participate?
Attendance at club meetings must be voluntary on the part of students. Non‐school persons or groups may not direct, conduct, control or regularly attend these meetings.

When can the club meet?
The club must meet only during non‐instructional time (generally before or after school). The club must not materially and substantially interfere with the school’s orderly conduct of educational activities within school (just like any other club).

How may a club use school resources or other funding sources?
The Equal Access Act states that “equal access” means access to ALL aspects of the student activities program including
access to the school newspaper, bulletin boards, PA system etc. The Act does NOT authorize the school to expend public funds beyond the incidental costs of providing space for the meeting, including heat, lights, custodial services and employee compensation for supervisors. In the Mergens case, the club’s monitors were paid. The cost of a non‐participatory school district employee as a monitor for the club does not violate the establishment clause of the US Constitution, particularly since there was a paid monitor in the Mergens case.

What are legal restrictions to club activities?
The Act Does NOT Authorize the school to:

• Influence the form or content of any prayer or other religious activity.
• Require any person to participate in prayer or other religious activity.
• Compel any school employee to attend a meeting if the speech at that meeting is contrary to the beliefs of the
  employee.
• Sanction meetings that are otherwise unlawful.
• Set numerical limits for the size of groups allowed to meet.
• Abridge the constitutional rights of any person.

How can students go about starting a religious club in a school here in South Orangetown?
They go through the exact same application process as any other club as outlined on the Clubs/Co-Curriculars webpage.