ACLU Wins Policy Change in Tangipahoa Public Schools Promotion of Religion Case

June 21, 2000

NEW ORLEANS¾ Attorneys for the American Civil Liberties Union and the Tangipahoa Parish School Board announced a negotiated agreement yesterday on a new policy that puts strict limits on non-curriculum school clubs. The agreement ends a lawsuit brought by the ACLU on behalf of Henry Roe (a pseudonym), parent of a student in the school system. The suit arose out of the regular appearance of Steve Farmer, a youth minister with Face It Ministries, at lunch time meetings where he supplied free pizza and preached to the students.

"This is a victory for the First Amendment," said Joe Cook, ACLU Executive Director. "Tangipahoa cited the federal Equal Access Act in defending what was going on at the school. But the Equal Access Act does not allow outside adults to come into a school, drum up a crowd with free pizza, and then lock the door and have a prayer meeting," Cook said. "This agreement puts in place a written policy to assure that student clubs will really be student clubs, and outsiders can only be invited in according to the policy."

This lawsuit prompted the Tangipahoa Schools to adopt a written policy, which never existed before, on the Equal Access Act. It applies to all new and existing non-curriculum student clubs, which must apply for use of school facilities. The school may provide a specified meeting space, but not support or give its endorsement to any club covered under the act.

Other key elements include: a) a formal application process that puts all clubs under the same criteria, i.e. the Gay-Straight Club (should one form), the Key Club, Girl Scouts, etc.; b) a file on all applications, denials and a check list on compliance signed by a school staff member; c) a school staff person trained on the policy will attend every meeting, observe and not participate, especially regarding religious activities, to ensure compliance with the policy; d) all current and new students and parents will receive a copy of the policy and; e) outsiders, like Farmer in this case, cannot "…direct, control, sponsor or regularly attend activities of student groups."

"Now that the Tangipahoa Parish School Board understands what the law says about student clubs, and has put in place a comprehensive policy to ensure compliance, the lawsuit is unnecessary," said Joe Cook. "The School Board has wisely decided to save the District a lot of money in legal fees by agreeing to a negotiated settlement, which should stop the transgressions of the past. We ask students and parents to stay vigilant and let us know if any violations occur."