[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR108.6]



[Page 429]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 108_EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS 

OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS--Table of Contents

 

Sec.  108.6  Equal access.



    (a) General. Consistent with the requirements of paragraph (b) of 

this section, no covered entity shall deny equal access or a fair 

opportunity to meet to, or discriminate against, any group officially 

affiliated with the Boy Scouts or officially affiliated with any other 

Title 36 youth group that requests to conduct a meeting within that 

covered entity's designated open forum or limited public forum. No 

covered entity shall deny that access or opportunity or discriminate for 

reasons including the membership or leadership criteria or oath of 

allegiance to God and country of the Boy Scouts or of the Title 36 youth 

group.

    (b) Specific requirements. (1) Meetings. Any group officially 

affiliated with the Boy Scouts or officially affiliated with any other 

Title 36 youth group that requests to conduct a meeting in the covered 

entity's designated open forum or limited public forum must be given 

equal access to school premises or facilities to conduct meetings.

    (2) Benefits and services. Any group officially affiliated with the 

Boy Scouts or officially affiliated with any other Title 36 youth group 

that requests to conduct a meeting as described in paragraph (b)(1) of 

this section must be given equal access to any other benefits and 

services provided to one or more outside youth or community groups that 

are allowed to meet in that same forum. These benefits and services may 

include, but are not necessarily limited to, school-related means of 

communication, such as bulletin board notices and literature 

distribution, and recruitment.

    (3) Fees. Fees may be charged in connection with the access provided 

under the Act and this part.

    (4) Terms. Any access provided under the Act and this part to any 

group officially affiliated with the Boy Scouts or officially affiliated 

with any other Title 36 youth group, as well as any fees charged for 

this access, must be on terms that are no less favorable than the most 

favorable terms provided to one or more outside youth or community 

groups.

    (5) Nondiscrimination. Any decisions relevant to the provision of 

equal access must be made on a nondiscriminatory basis. Any 

determinations of which youth or community groups are outside groups 

must be made using objective, nondiscriminatory criteria, and these 

criteria must be used in a consistent, equal, and nondiscriminatory 

manner.



(Authority: 20 U.S.C. 7905)