|The School Board of Miami-Dade County|
|Bylaws & Policies|
|Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.|
5730 - EQUAL ACCESS FOR NONDISTRICT-SPONSORED, STUDENT CLUBS AND ACTIVITIES
School Board facilities shall not be used by nondistrict-sponsored student clubs and activities or District-sponsored, noncurriculum-related clubs and activities during instructional hours. During noninstructional time, however, no group of students, regardless of the size of the group, will be denied an opportunity to meet on the basis of the religious, political, philosophical, or other content of the activity.
An application for permission for nondistrict-sponsored student clubs and activities to meet on school premises shall be made to the Principal who shall grant permission if:
|A.||the activity has been initiated by students;|
|B.||attendance at the meeting is voluntary;|
|C.||no agent or employee of the District will promote, lead, or participate in the meeting;|
|D.||the meeting does not materially and substantially interfere with the orderly conduct of instructional activities in the school;|
|E.||nonschool persons do not direct, conduct, control, or regularly attend the activity.|
|F.||it does not require additional tax funds;|
|G.||is not unlawful; and|
|H.||admission fees are not charged during the course of the meeting.|
A student-initiated group granted permission to meet on school premises shall be provided the same rights and access and shall be subject to the same administrative procedures that govern the meetings of student organizations sponsored by the Board, except as provided by this policy. Participation in a student-initiated meeting must be available to all students who wish to attend and cannot be denied on the basis of a student's sex, race, color, ethnic or national origin, religion, marital status, disability, genetic information, age, political beliefs, sexual orientation, gender, gender identification, social and family background, linguistic preference, pregnancy, or any other basis prohibited by law.
Fraternities, sororities, and secret societies are prohibited. The Superintendent may exclude nonstudents from directing, controlling, or attending any meetings of students.
An instructional staff member may be assigned to attend a student-initiated meeting in a custodial capacity but shall not participate in the activity. No instructional staff member shall be compelled to attend a student-initiated meeting if the content of the speech at the meeting is contrary to his/her beliefs.
The principal may take necessary action to maintain order and discipline on school premises and protect the safety and well-being of students and staff members.
Denial by the principal of the use of school premises to any student-initiated group for the purposes of conducting a meeting during non-instructional time may be appealed to the Superintendent.
20 U.S.C. 4071 et seq., Equal Access Act of 1984
42 U.S.C. 12101, et seq., Americans with Disabilities Act of 1990
42 U.S.C. 2000e, Civil Rights Act of 1964