ARIZONA STATE SENATE

RESEARCH STAFF

 

KIMBERLY J. YEE

LEGISLATIVE  RESEARCH ANALYST

EDUCATION COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

 

TO:                  MEMBERS OF THE SENATE COMMITTEE ON EDUCATION                                       

DATE:             April 3, 2001

 

SUBJECT:       Strike Everything Amendment to H.B. 2253 relating to

Middle Schools Equal Access Act.

                                                                                                                                                           

           

 

Purpose

 

Establishes requirements relating to noncurriculum related clubs in middle schools serving 7th and 8th grades, and allows pupils to convene meetings for religious, political, philosophical or other specified purposes. 

 

Background

 

In 1984, Congress enacted the Equal Access Act (EAA), which prohibits any public secondary school from denying equal access or discriminating against any student who wishes to conduct a meeting on the basis of religious, political, philosophical or other content.  This Equal Access Act requires that student meetings must be voluntary and student-initiated.  The Equal Access Act specifically prohibits student meetings from being sponsored by the school or government, or from interfering with educational activities within the school.  Employees of the school or government are required to be present at these student meetings only as a nonparticipating member. 

 

Arizona law defines a middle school differently from a secondary school.  As a result, the Equal Access Act does not apply to middle schools in the state.   In Arizona, a local school district may require religious, nonsecular, or nonacademic middle school student clubs to pay a use fee, obtain an adult sponsor and post an insurance bond as a condition for using school facilities to hold club meetings. 

 

The strike everything amendment to H.B. 2253 is based upon the tenets of the Equal Access Act, and expands equal access protections to middle school students who desire to meet on campus for religious, political, philosophical or other speech content related purposes.

 

There is no fiscal impact to the state general fund associated with this amendment. 

 

Provisions

 

1.      Makes it unlawful for a middle school serving grades 7 and 8 to deny a fair opportunity or to discriminate against pupils who wish to conduct a meeting on the basis of any of the following content:  (a) religious, (b) political, (c) philosophical, or (d) other content of speech. 

 

2.      Deems a middle school serving grades 7 and 8 as offering a “fair opportunity” to pupils who wish to conduct a meeting if the school policy on noncurriculum group meetings meets all of the following requirements:

 

(a)    Meetings are voluntary and initiated by pupils.

(b)   Meetings are not sponsored by any specified school, district, state or government entity or employee.

(c)    Allows employees or officers of the school, district or government to be present at religious meetings only as nonparticipants.

(d)   Meetings do not interfere with orderly conduct of the educational activities of the school.

(e)    Prohibits persons who are not associated with the school or district from directing, conducting, controlling or regularly attending meetings.

 

3.      Prohibits authorization of the state or any of its political subdivisions from engaging in any of the following:

 

(a)    Influencing the form or content of prayer or other religious activity.

(b)   Requiring any person to participate in prayer or other religious activity.

(c)    Spending money on noncurriculum group meetings for 7th and 8th grade pupils, except for specified incidental costs such as providing the facilities and notice of the meeting.

(d)   Compelling any school or district officer or employee from attending a noncurriculum group meeting if the content of the speech at the meeting is contrary to the employee’s belief.

(e)    Allowing unlawful meetings to take place on school property.

(f)     Limiting groups to a minimum or maximum number of pupils.

(g)    Violating the constitutional rights of any person.

 

4.      Prohibits the limitation of authority by school or district officers or employees to:  maintain order and discipline at the school, protect pupil and faculty safety, allow a school or district officer or employee to be present at noncurriculum group meetings and ensure that noncurriculum group meeting attendance is voluntary.

 

5.      Defines “limited open forum,” “noncurriculum” and “pupil.”

 

6.      Provides for a general effective date.   

           

KJY/jas