Young people have the right to freedom of assembly and to be active participants in their own education. This includes the right of students to form a club where they can meet with others who share their interests. Unfortunately, however, some schools attempt to curtail the rights of young people by banning certain clubs. Often this is done illegally, even when school authorities attempt to give practical reasons for preventing students from meeting.
The Equal Access Act
All students attending a secondary public school are covered by the Equal Access Act (1984). This law makes it illegal for any school that has at least one “non-curricular” club to discriminate on the basis of “religious, political, philosophical, or other content of the speech at such meetings.” This rule applies as long as the club is voluntary, student-initiated, and doesn’t “interfere with the orderly conduct of educational activities.” This means that not only does the school have to allow the club, but also has to provide the same resources it provides to other clubs. This means a school can’t stop you from forming a NYRA chapter.
The constitutionality of the Equal Access Act was challenged and upheld in Board of Education of Westside Community Schools v. Mergens (U.S. Supreme Court, 1990) where a school administration denied permission to a group of students to form a Christian club because the club lacked a faculty sponsor. The school required all clubs to have a faculty sponsor, but wouldn’t provide the Christian club with one to avoid any charges that the school was endorsing a particular religion. The students sued, alleging a violation of the Equal Access Act and the Court agreed that since the school permitted other non-curricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after-school club based on the content of its speech.
The Equal Access Act also protects the rights of students to form other types of clubs considered “controversial.” In the last twenty years, schools have been sued in over a dozen separate cases for not allowing students to form a Gay Straight Alliance club at their school. Students won in all of those cases for violating the Equal Access Act.
And even though the Equal Access Act does not cover colleges and universities, public institutions are also required to grant student religious organizations the same rights of access to use campus facilities as other recognized student groups, as decided in the cases of Widmar v. Vincent (Eighth Circuit Court of Appeals, 1981) and Rosenberger v. Rector and Visitors of the University of Virginia (U.S. Supreme Court, 1995).
Student Clubs
Because it is illegal to ban student clubs solely on political, religious, or philosophical grounds, school administrators often come up with other reasons to ban them. Schools may require students to get their parent’s permission to join or tell them that they need a minimum number of students. They may put up other roadblocks, such as saying that the school lacks funds, or that they can’t find a faculty advisor. Schools have also banned all student clubs just in reaction to a club they find objectionable. However, if any club is singled out, no matter the reason, the school is probably breaking the law. And even in cases where schools treated all student clubs the same, the school may still be guilty of violating students’ rights.
States that Require Parental Consent for Student Clubs
Unfortunately, some states explicitly have laws in place requiring parental consent before any student is allowed to join a school club.
Utah – Utah law explicitly requires parental consent for students to participate in school clubs. Under Utah Code §53G‑7‑708, public schools must obtain written permission from a parent or guardian before a student may participate in a curricular or non-curricular club. The statute also requires schools to maintain records of club membership and parental approvals. The rule applies broadly to most types of student clubs, including extracurricular organizations that meet on school grounds. This unfortunately allows parents hinder their child’s learning, by blocking participation in clubs that deal with sensitive or controversial topics.
Tennessee – In Tennessee, state policy requires parental permission for students to participate in school clubs and extracurricular organizations. The rule stems from legislation such as the Tennessee Family Rights and Responsibilities Act, which strengthened parental authority over a variety of school-related activities. Under these requirements, schools typically must obtain signed consent from a parent or guardian before a student can join certain school organizations or participate in activities beyond the regular curriculum. The policy is framed as a parental rights measure designed to ensure that parents remain informed about and involved in decisions affecting their children’s participation in school programs.
Texas – Texas enacted legislation that also affects student participation in school clubs. Under Texas Senate Bill 12 (2023), schools must provide parents with detailed information about student organizations and obtain parental consent before a student may participate in certain clubs or extracurricular activities. The law is part of a broader set of education policies aimed at increasing parental oversight of school programs and student activities. In addition to the consent requirement, the legislation also places limits on certain types of student groups and programming related to sexual orientation or gender identity, making it one of the more comprehensive state laws addressing parental involvement in student activities.
Along with this, various districts in other states share the same requirements, and force students to obtain parental consent before joining a club.
These laws and policies present a major problem for students’ rights, as this prevents youth from joining clubs with ideals and a mission statement that may oppose their parents’ ideology. If a student has an oppressive parent, that attempts to hinder their education, or restrict ideas and information from them, their ability to join clubs are completely shut down. These laws, and similar policies from school districts, are a violation of youth rights, students rights, and the first amendment right to assembly.
The National Youth Rights Association
If you’re interested in Youth Rights, consider volunteering with us. We are always looking for new members and would love to have you on board. If you have a personal story to share regarding a violation of students rights or youth rights, consider sending us an email at nyra@youthrights.org, and we’d love to help get your story out to the world.
