[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Proposed Rules]
[Pages 69456-69457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29037]



[[Page 69455]]

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Part V





Department of Education





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34 CFR Chapter I



Boy Scouts of America Equal Access Act; Proposed Rule

  Federal Register / Vol. 67, No. 221 / Friday, November 15, 2002 / 
Proposed Rules  

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DEPARTMENT OF EDUCATION

34 CFR Chapter I

RIN 1870-AA12


Boy Scouts of America Equal Access Act

AGENCY: Office for Civil Rights, Department of Education.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: We are soliciting comments from interested parties on the Boy 
Scouts of America Equal Access Act. This Act directs the Secretary of 
Education, through the Office for Civil Rights, to ensure compliance 
with this new law. We will consider comments received from interested 
parties in developing proposed regulations.

DATES: We must receive your comments on or before December 16, 2002.

ADDRESSES: Address all comments about the Boy Scouts of America Equal 
Access Act to Gerald A. Reynolds, Assistant Secretary for Civil Rights, 
U.S. Department of Education, 400 Maryland Avenue, SW., room 5000 MES, 
Washington, DC 20202-1100. If you prefer to send your comments through 
the Internet, use the following address: [email protected]. You 
must include the term ``Boy Scouts'' in the subject line of your 
electronic message.

FOR FURTHER INFORMATION CONTACT: Doreen Dennis, Office for Civil 
Rights, U.S. Department of Education, 400 Maryland Avenue, SW., room 
5038 MES, Washington, DC 20202-1100. Telephone: (202) 205-8635 or 1-
800-421-3481.
    If you use a telecommunications device for the deaf (TDD), you may 
call the TDD number at (877) 521-2172.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Background

    On January 8, 2002, the President signed into law the ``No Child 
Left Behind Act of 2001'' (NCLB), Public Law 107-110, amending the 
Elementary and Secondary Education Act of 1965 (ESEA). Included in the 
amendments to the ESEA is the ``Boy Scouts of America Equal Access 
Act'' (Boy Scouts Act). The Boy Scouts Act applies to public elementary 
and secondary schools, local educational agencies (LEAs), and State 
educational agencies (SEAs) that are recipients of funds made available 
through the Department of Education (the Department). Under this law, 
no covered elementary or secondary school that provides an opportunity 
for one or more outside youth or community groups to meet on school 
premises or in school facilities before or after school hours shall 
deny equal access or a fair opportunity to meet to, or discriminate 
against, any group officially affiliated with the Boy Scouts of America 
or any other youth group listed in title 36 of the United States Code 
as a patriotic society.
    The Boy Scouts Act directs the Secretary of Education, through the 
Office for Civil Rights, to enforce this law in a manner consistent 
with the procedure used under section 602 of the Civil Rights Act of 
1964, with respect to public elementary and secondary schools, LEAs, 
and SEAs that receive funds made available through the Department. If a 
public school or agency does not comply with the Boy Scouts Act, it 
would be subject to the Department's enforcement actions.

Invitation To Comment

    We invite you to submit comments concerning issues for which you 
believe regulations would be necessary or helpful. Your questions and 
concerns will provide valuable information in developing any proposed 
regulations.
    In particular, we are seeking comments and information on the 
following questions:
    1. Which entities make the decisions about the use of school 
facilities for non-school purposes? If the entities making the 
decisions are not schools, LEAs, or SEAs, what is the relationship 
between these entities and the schools, LEAs, or SEAs?
    2. Are fees charged for the use of school facilities? If so, how 
are the fees determined? Are all groups that want to use the school 
facilities charged the same fee? Do the entities that have control over 
use of school facilities have the authority to waive fees? Do schools, 
LEAs, or SEAs (or other entities that have control over use of school 
facilities) consider an organization's membership or leadership 
criteria when determining whether to grant access, charge a fee, or 
waive a fee?
    3. Do schools, LEAs, or SEAs (or other entities that have control 
over use of school facilities) have formal procedures that explicitly 
discuss the criteria used to determine whether a request for use or a 
fee waiver will be granted?
    4. Are distinctions drawn between ``outside'' groups and school 
groups, with respect to the use of school facilities? If so, what 
criteria are used to determine whether an entity is considered an 
``outside'' group? Are associations such as parent teacher associations 
(PTAs) considered ``outside'' groups?
    5. If ``outside'' groups have access to school facilities for 
meetings, do those groups have access to any other school benefits or 
services as well, such as school bulletin boards, school newsletters, 
school public address systems, or other means of distributing 
information on school premises?
    6. What does it mean for schools, LEAs, or SEAs to sponsor any 
group? How does a school sponsor a group? Are school-sponsored groups 
considered ``outside'' groups?
    While we have suggested these issues for your consideration, we 
welcome comments on any issues relating to the Boy Scouts Act.
    During and after the comment period, you may inspect all public 
comments submitted in response to this notice in room 5036, 330 C 
Street, SW., Washington, DC, between the hours of 10 a.m. and 4 p.m., 
Eastern time, Monday through Friday of each week except Federal 
holidays.

Assistance to Individuals With Disabilities in Reviewing the Comments

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments. If you want to schedule an 
appointment for this type of aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/legislation/FedRegister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.
    You may also view this document in text or PDF at the following 
site: http://www.ed.gov/ocr.


    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html.




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    Authority: Public Law 107-110.


    Dated: October 30, 2002.
Rod Paige,
Secretary of Education.
[FR Doc. 02-29037 Filed 11-14-02; 8:45 am]
BILLING CODE 4000-01-P