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20 U.S.C. § 7905 — Equal access to public school facilities

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7905 — Equal access to public school facilities

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Stable record: federal_law:legal_authorities:record_usc_3e72777b1a077a2c33369597
Source file: Laws/federal/codes/united-states-code/title-20/section-7905-equal-access-to-public-school-facilities--87324b4f64.md
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Source location: Title 20, Chapter 70, § 7905; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) Short title** This section may be cited as the “Boy Scouts of America Equal Access Act”. **(b) In general** (1) **Equal access** — Notwithstanding any other provision of law, no public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or a limited public forum and that receives funds made available through the Department shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 (as a patriotic society), that wishes to conduct a meeting within that designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed in title 36 (as a patriotic society). (2) **Voluntary sponsorship** — Nothing in this section shall be construed to require any school, agency, or a school served by an agency to sponsor any group officially affiliated with the Boy Scouts of America, or any other youth group listed in title 36 (as a patriotic society). **(c) Termination of assistance and other action** (1) **Departmental action** — The Secretary is authorized and directed to effectuate subsection (b) by issuing and securing compliance with rules or orders with respect to a public elementary school, public secondary school, local educational agency, or State educational agency that receives funds made available through the Department and that denies equal access, or a fair opportunity to meet, or discriminates, as described in subsection (b). (2) **Procedure** — The Secretary shall issue and secure compliance with the rules or orders, under paragraph (1), through the Office for Civil Rights and in a manner consistent with the procedure used by a Federal department or agency under [section 2000d–1 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d–1&num=0&edition=prelim). If the public school or agency does not comply with the rules or orders, then notwithstanding any other provision of law, no funds made available through the Department shall be provided to a school that fails to comply with such rules or orders or to any agency or school served by an agency that fails to comply with such rules or orders. (3) **Judicial review** — Any action taken by the Secretary under paragraph (1) shall be subject to the judicial review described in [section 2000d–2 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d–2&num=0&edition=prelim). Any person aggrieved by the action may obtain that judicial review in the manner, and to the extent, provided in [section 2000d–2 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d–2&num=0&edition=prelim). **(d) Definition and rule** (1) **Definition** — In this section, the term “youth group” means any group or organization intended to serve young people under the age of 21. (2) **Rule** — For the purpose of this section, an elementary school or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facilities before or after the hours during which attendance at the school is compulsory.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000d–1 — Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regulations; approval by President; compliance with requirements; reports to Congressional committees; effective date of administrative action

Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of [section 2000d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure t

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000d–2 — Judicial review; administrative procedure provisions

Any department or agency action taken pursuant to [section 2000d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d-1&num=0&edition=prelim) shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to [section 2000d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d-1&num=0&edition=prelim), any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000d–2

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7905 — Equal access to public school facilities

Page 1642 TITLE 20—EDUCATION § 7905 in writing to the State educational agency in- volved that no policy of the local educational agency prevents, or otherwise denies participa- tion in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each year. The State educational agency shall report to the Secretary by November 1 of each year a list of those local educational agencies that have not filed the cer- tification or against which complaints have been made to the State educational agency that the local educational agencies are not in compli- ance with this section. (c) Enforcement The Secretary is authorized and directed to ef- fectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a local educational agency that fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitu- tionally protected prayer in public elementary schools and secondary schools. (Pub. L. 89–10, title VIII, § 8524, formerly title IX, § 9524, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8524, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8021, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.) Editorial Notes PRIOR PROVISIONS A prior section 7904, Pub. L. 89–10, title IX, § 9204, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3798, established the Native Hawaiian Education Coun- cil and island councils, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7905

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