Frequently Asked Questions for GSAs in the Washington Metro Area
The Equal Access Act and Gay/Straight Alliances USC Sec. 4071
Under the Federal Equal Access Act, all school districts which receive federal education funds and permit a “limited open forum” for student speech (which includes Virginia, Maryland, and D.C.) must permit Gay/Straight Alliances to meet on school grounds during non-educational time.
1. How dies the EAA permit GSAs? A school, which allows some student speech by having non-curricular clubs such as the Chess Club, Future Business Leaders of America, and Fellowship of Christian Athletes, must permit other student speech and assembly, even if it is unpopular or not approved of by some members of the community.
2. In general, how should Gay/Straight Alliances be handled? The basic point of the Equal Access Act is that all student clubs, including Gay/Straight Alliances, be treated equally. So, a GSA should follow the same regulations and procedures as other clubs, without special privileges or restrictions.
3. Does the club need to be called a Gay/Straight Alliance? Does the word “gay” need to be used? Yes. In Colin v. Orange Unified School District, the court ruled that the name of the club is essential to its expression of speech.
4. Can Gay/Straight Alliances make announcements over the intercom? Yes. Gay/Straight Alliances have access to the same means of communication that all other clubs do, including announcements, posters on the wall, school bulletin boards, ads in the school newspaper, teachers’ mailboxes, etc.
5. Can parent permission or parent notification be required for attendance at Gay/Straight Alliance meetings? No. In Colin, the courts indicated that this would be an undue burden on equal access for Gay/Straight Alliances. 6. Can a Gay/Straight Alliance have outside speakers, including non-school adults? Yes. They are limited to not “controlling or directing” the meetings, or attending a majority of meetings.
7. Can faculty attend Gay/Straight Alliance meetings? Yes. Faculty members can attend as many meetings as students invite them to, as long as they do not run the meeting or set the agenda (except when giving a presentation at the invitation of the club).
8. Can a Gay/Straight Alliance show films or movies for its club meetings, under the copyright laws? Yes. A club showing of a movie does not constitute copyright infringement because it is not a sanctioned use of material for a school educational purpose.
9. Can Gay/Straight Alliances discuss changing state, federal or local laws? Yes, in the same way that Young Democrat and Young Republican clubs can do so.
10. What control does a school retain over the activities of a Gay/Straight Alliance? The school retains the right to “maintain order”, and protect the well-being of students and faculty, and to assure that no illegal activities take place at a meeting (as opposed to discussion about such activities, which is protected under the idea of free speech).
11. Does this mean that concerns about a negative response from other students or community meetings could lead to the discouragement of a GSA? No. This is called the “heckler’s veto”. Fear of others’ inappropriate responses does not mean that speech can be limited.
12. Can faculty or outside groups initiate Gay/Straight Alliances? Only to the extent that they are permitted to do so with other groups. What this generally means is that faculty may hold initial interest meetings for GSAs, but that the students must initiate the formation of the club if there is sufficient interest (some jurisdictions such as Washington, D.C., and Arlington may be more liberal on this aspect).
13. Does the existence of GSAs mean that hate clubs can be formed? No. Clubs that promote harm to students may be prohibited under the Equal Access Act.
14. Are schools endorsing a particular orientation by having GSAs? No. In local jurisdictions, GSAs and other student clubs are permitted to the extent required by federal law. The school permits the club to meet on its premises, but does not endorse the speech made at meetings or the views espoused by club members (as is true of political clubs).
