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Equal Access to Public School Facilities for the Boy Scouts of America and Other Designated Youth Groups rule (2006)

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The Equal Access to Public School Facilities for the Boy Scouts of America and Other Designated Youth Groups rule is a significant rule issued by the U.S. Department of Education effective April 24, 2006, that amended department regulations concerning access to public school facilities by the Boy Scouts of America and other youth groups. The rule implemented provisions of the Boy Scouts of America Equal Access Act.[1]

HIGHLIGHTS
  • Name: Equal Access to Public School Facilities for the Boy Scouts of America and Other Designated Youth Groups
  • Code of Federal Regulations: 34 CFR Parts 75, 76, and 108
  • Agency: Office for Civil Rights, Department of Education
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    Education Policy
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    President George W. Bush (R) passed the No Child Left Behind Act of 2001 (NCLBA), which directs states on assessments, reporting requirements, student assistance, and accountability measures. The NCLBA aimed to support standards-based education reform drawn from the philosophy that setting high standards and establishing measurable goals for schools would improve individual outcomes for public school students. The legislation mandated that states develop standardized tests and administer assessments to all students at certain grade levels in order to receive federal funding.[3][1]

    The Boy Scouts of America Equal Access Act was passed as part of the NCLBA in 2001. The act aimed to protect the Boy Scouts of America and other youth groups from discrimination by educational agencies. Under the act, state and local educational agencies that receive federal funds are prohibited from denying such groups access to public school facilities. In response to the provisions outlined in the Boy Scouts of America Equal Access Act, the U.S. Department of Education proposed the Equal Access to Public School Facilities for the Boy Scouts of America and Other Designated Youth Groups rule on October 19, 2004.[2][1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The Secretary adds a new part to title 34 of the Code of Federal Regulations and amends 34 CFR parts 75 and 76 to implement the provisions of the Boy Scouts of America Equal Access Act (Act). This Act directs the Secretary of Education, through the Office for Civil Rights (OCR), to ensure compliance with this new law. The regulations address equal access to public school facilities by the Boy Scouts of America and other designated youth groups.[1][4] ”

    Summary of provisions

    The following is a summary of the provisions from the final rule's entry in the Federal Register:[1]

    “ In the preamble to the NPRM, the Secretary discussed on pages 61557 through 61559 the significant regulations proposed to implement the Act. These included the following:
    • Providing definitions for the following statutory terms: “designated open forum,” “outside youth or community group,” “to sponsor any group officially affiliated with the Boy Scouts of America,” and “to sponsor any group officially affiliated with any other youth group listed in title 36 of the United States Code (as a patriotic society).”
    • Explaining that neither State nor local law obviates or alleviates the obligation to comply with the Act and its implementing regulations.
    • Providing that the obligation of public elementary schools, public secondary schools, LEAs, and SEAs to comply with the Act is not limited by the nature or extent of their authority to make decisions about the use of school facilities.
    • Clarifying that equal access under the Act includes not only access to school facilities for meetings before, during, or after school, but also includes access to other activities related to an intention by any group officially affiliated with the Boy Scouts or any other Title 36 youth group to conduct a meeting within a covered entity's designated open forum or limited public forum. These other activities include, but are not necessarily limited to, means of communication and recruitment.
    • Explaining that in order to be equal, the access provided to any group officially affiliated with the Boy Scouts or any other Title 36 youth group must be on terms that are no less favorable than the most favorable terms provided to one or more outside youth or community groups.
    • Clarifying that public schools, LEAs, and SEAs can charge fees for this access, but only on terms that are no less favorable than the most favorable terms provided to one or more outside youth or community groups.
    • Noting that the Act does not require any school, agency, or school served by an agency to which the Act applies to sponsor any group officially affiliated with the Boy Scouts or any other Title 36 youth group.
    • Incorporating the procedural provisions applicable to title VI of the Civil Rights Act of 1964 (Title VI).
    • Amending 34 CFR 75.500 and 76.500 to add the Act and the regulations in part 108 to the list of Federal statutes and regulations on nondiscrimination with which grantees, under 34 CFR 75.500, and States and subgrantees, under 34 CFR 75.600, that are covered entities must comply.[4]
    		 ”

    Significant impact

    See also: Significant regulatory action

    The Office of Management and Budget (OMB) deemed this rule economically significant pursuant to Executive Order 12866. An agency rule can be deemed a significant rule if it has had or might have a large impact on the economy, environment, public health, or state or local governments. The term was defined by E.O. 12866, which was issued in 1993 by President Bill Clinton.[1]

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Federal Register, "Equal Access to Public School Facilities for the Boy Scouts of America and Other Designated Youth Groups," March 24, 2006
    2. ↑ 2.0 2.1 2.2 Federal Register, "Equal Access to Public School Facilities for the Boy Scouts of America and Other Designated Youth Groups," October 19, 2004
    3. ↑ Josie Canales, James Frey, Cathy Walker, Sherry Freeland Walker, Suzanne Weiss and Anna West, Education Commission of the States, "No State Left Behind: The Challenges and Opportunities of ESEA 2001," accessed February 7, 2023
    4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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