Following up on its recent guidance on bullying and harassment, on June 14, 2011 the Office for Civil Rights (“OCR”) issued a “Dear Colleagues” letter regarding the impact of the Equal Access Act (the “Act”) on gay-straight alliances (GSA) and similar student-initiated groups addressing LGBT issues. OCR reminds school districts that the Act applies to these student-initiated noncurricular groups as well.

Enacted in 1984, the Equal Access Act applies to public secondary schools that receive federal funding. If the school allows one or more noncurricular student groups to meet on its premises during noninstructional time, it has created a limited open forum and must comply with the Act. Schools may not then deny similar access to other noncurricular student groups based of the subject matter the group addresses. Also included with the “Dear Colleagues” letter are Legal Guidelines Regarding the Equal Access Act and the Recognition of Student-Led Noncurricular Groups. These guidelines address the scope of the Act, the school’s legal obligations, and issues that may arise when applying the Act.

For assistance in reviewing or developing your school district’s Equal Access Act policy or in answering questions regarding limited open forums, curriculum related groups, or other issues arising from the Act, please contact me in our West Chester office.

Amanda J. Sundquist

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

On October 28, 2010, I blogged about the United States Department of Education, Office for Civil Rights issuing a “Dear Colleagues” letter addressing school districts’ obligations in regard to bullying and harassment of district students. In December 2010, the National School Boards Association wrote a letter to Office for Civil Rights to ask it clarify its position on several points in the “Dear Colleagues” letter, where the National School Boards Association found there to be potential conflict with existing laws and cases.

On March 25, 2011, the Office for Civil Rights issued a second “Dear Colleagues” letter in response to the National School Boards Association’s request for clarification.

The issuance of the latest “Dear Colleagues” letter is particular timely for Pennsylvania school districts. In 2008, Pennsylvania adopted an amendment to the School Code which specifically addressed bullying. The amendment required school districts to adopt or amend a bullying policy no later than January 1, 2009. School districts are required to review their bullying policy every three years. The Office for Civil Right’s new guidance can be considered by school districts conducting their three year review of the bullying policy in 2011.

For assistance with reviewing and amending your school district’s policies on bullying or harassment for compliance with federal and state law, please contact me in our West Chester Office.

Amanda J. Sundquist

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees. Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

On October 26, 2010, the United States Department of Education, Office for Civil Rights, issued a “Dear Colleagues” letter addressing school districts’ obligations in regard to bullying and harassment of students.  The letter encourages school districts to review their bullying and harassment policies and practices to ensure compliance with federal law. Pennsylvania also has its own law pertaining to student bullying.

For assistance with reviewing and amending your school district’s policies on bullying and harassment for compliance with federal and state law, please contact Amanda Sundquist in our West Chester Office.

Amanda J. Sundquist

Amanda Sundquist is an associate at Unruh, Turner, Burke and Frees, Amanda practices in the areas of Pennsylvania Municipal and School Law, and Pennsylvania Zoning and Land Use Law. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.