Getting a new club approved depends on what kinds of clubs already exist on campus. Even if your public school allows only one noncurriculum related student group to meet, that signals the door is open and a federal law called the Equal Access Act comes into play. That law requires that the school may not deny other clubs equal access to meet at school outside of school hours. [1]  The school may prohibit all student clubs that are not directly related to school classes. However, if the school permits some students to form noncurricular clubs, it cannot discriminate simply because of the political, philosophical or religious content of the meetings.

Maryland law requires all student groups that want to meet on school property to first obtain the permission of their school’s administration. Student groups must also agree to be supervised by a member of the school’s administration or faculty. [2]  In Prince George’s County, students may form clubs but the rules warn that because of the “captive audience” of students in school, partisan political clubs require “appropriate guidelines.” [3]  Montgomery County rules “assure a fair opportunity” for students to form noncurricular clubs. [4]  DC assures students the right to organize and participate in “political and social organizations.” [5]

[1] The Equal Access Act is 20 U.S.C. §§ 4071-4074. Bd. of Educ. of Westside Cmty. Sch. v. Mergens, 496 U.S. 226 (1990) (requiring high school to allow student Christian Club, since it had allowed numerous other noncurricular clubs). A club is curricular, according to the Supreme Court, if it directly relates to the school curriculum and a club directly relates to the curriculum if the subject matter of the group is actually taught or will soon be taught, in a regularly offered course; if the subject matter of the group concerns the body of courses as a whole; if participation in the group is required for a particular course; or if participation in the group results in academic credit. Bd. of Educ. of Westside Community Schs. v. Mergens, 496 U.S. 226, 239-240 (1990).

[2] COMAR § 13A.08.01.09(A).

[3] Prince George’s County Public Schools, Administrative Procedure 5150, Student Responsibilities, Rights and Involvement § IV(3).

[4] Montgomery County Public Schools, Regulation JFA-RA, Student Rights and Responsibilities § IV(J).

[5] 5 DCMR § 2401.18(b).