Among the many duties of school business officials (SBOs), their boards, and other education leaders is establishing policies governing access to district facilities. When disputes over access are litigated, the judiciary walks a fine line, as courts generally grant school officials discretion in defining use policies. However, as discussed below, when it comes to granting access to public school facilities, educators cannot violate the constitutional rights of a group based on the religious content of its speech.
In light of the enduring issue over access to facilities by nonschool religious groups, this column reviews relevant Supreme Court precedent before examining the Eighth Circuit’s analysis in Child Evangelism. Then, in the wake of Child Evangelism, four access options are presented for SBOs, their boards, and other education leaders.
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This article originally appeared in the March 2013 School Business Affairs magazine and is reprinted with permission of the Association of School Business Officials International (ASBO). The text herein does not necessarily represent the views or policies of ASBO International, and use of this imprint does not imply any endorsement or recognition by ASBO International and its officers or affiliates. Any additional re-purposing or reprint of this article in this or any other medium is restricted without prior written consent.
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