Federal

Be Prepared: Senate Vote Would Assure Scouts’ Access to Schools

By Mark Walsh — June 20, 2001 2 min read
  • Save to favorites
  • Print

The Senate voted narrowly last week to withhold federal funds from school districts that close their doors to the Boy Scouts of America based on the group’s exclusion of homosexuals.

Proposed by Sen. Jesse Helms, R-N.C., the amendment to the main federal education law, now undergoing reauthorization in Congress, passed 51-49 on June 14. The vote generally fell along party lines—Republicans in support, Democrats against—though eight Democrats and six Republicans broke ranks. The House passed a similar provision last month on a voice vote.

Both houses’ provisions would authorize the Department of Education to withhold federal aid from any district with a “designated open forum” that denied access to the Boy Scouts or other federally chartered youth groups having membership or leadership criteria “that prohibit the acceptance of homosexuals.”

Both Sen. Helms and Rep. Van Hilleary, R-Tenn., the House sponsor, have said the measure was a response to pressure on schools to kick out the Boy Scouts after the organization defended its exclusion of homosexuals all the way to the U.S. Supreme Court.

The court ruled 5-4 last year that the organization had a First Amendment right of expressive association to exclude those whose viewpoints conflict with its own.

“Radical militants continue to attack this respectable organization,” Sen. Helms said on the Senate floor in support of his amendment to the Elementary and Secondary Education Act.

Onerous for Schools?

Some observers have suggested that the language of the measure does not seriously alter current law, because under the First Amendment, schools that have established an open forum for outside organizations may not discriminate based on the viewpoint of any group.

But opponents of the measure said it could still be onerous for schools.

“This amendment would be much broader than the Equal Access Act,” said Julie Underwood, the general counsel of the National School Boards Association, referring to a 1984 federal law that requires secondary schools receiving federal money to permit student clubs to meet on an equal basis.

The Equal Access Act contains no provision for financial penalties, but the Boy Scouts amendment would allow the government to withhold all federal education funds from districts that violated it, she added.

“That’s a big club to hold over school districts,” she said.

By a 52-47 vote, the Senate passed a separate amendment that undercuts Sen. Helms’ measure. The amendment offered by Sen. Barbara Boxer, D-Calif., would require schools to provide equal access to youth groups regardless of their views on sexual orientation.

Her measure carries no financial penalties for schools that deny access.

Related Tags:

A version of this article appeared in the June 20, 2001 edition of Education Week as Be Prepared: Senate Vote Would Assure Scouts’ Access to Schools

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
(Re)Focus on Dyslexia: Moving Beyond Diagnosis & Toward Transformation
Move beyond dyslexia diagnoses & focus on effective literacy instruction for ALL students. Join us to learn research-based strategies that benefit learners in PreK-8.
Content provided by EPS Learning
Classroom Technology Live Online Discussion A Seat at the Table: Is AI Out to Take Your Job or Help You Do It Better?
With all of the uncertainty K-12 educators have around what AI means might mean for the future, how can the field best prepare young people for an AI-powered future?
Special Education K-12 Essentials Forum Understanding Learning Differences
Join this free virtual event for insights that will help educators better understand and support students with learning differences.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion Education Is an Afterthought in This Election. That’s a Problem for All of Us
What does it say about our country if presidential candidates walk away from education policy? asks Bettina L. Love.
5 min read
People watch the presidential debate between Republican presidential nominee former President Donald Trump and Democratic presidential nominee Vice President Kamala Harris, Tuesday, Sept. 10, 2024, at the Gipsy Las Vegas in Las Vegas.
People watch the presidential debate between Republican presidential nominee former President Donald Trump and Democratic presidential nominee Vice President Kamala Harris on Sept. 10, 2024, at the Gipsy Las Vegas in Las Vegas.
John Locher/AP
Federal What JD Vance and Tim Walz Said About School Safety in VP Debate
Education came up in the vice presidential debate, unlike the debate between Donald Trump and Kamala Harris.
3 min read
Republican vice presidential nominee Sen. JD Vance, R-Ohio, and Democratic vice presidential nominee Minnesota Gov. Tim Walz participate in a vice presidential debate hosted by CBS News Tuesday, Oct. 1, 2024, in New York.
Republican vice presidential nominee Sen. JD Vance, R-Ohio, and Democratic vice presidential nominee Minnesota Gov. Tim Walz participate in a vice presidential debate hosted by CBS News Tuesday, Oct. 1, 2024, in New York.
Matt Rourke/AP
Federal Opinion Project 2025's Education Lead on the Controversial Policy Agenda
Here’s what the lead author of the education section in the Heritage Foundation’s proposal has to say.
9 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty
Federal Moms for Liberty Co-Founder Would Be 'Honored' to Be Trump's Education Secretary
The conservative education activist is "as much in the mix as anyone," according to a former GOP congressional staffer.
8 min read
Republican presidential nominee former President Donald Trump dances with Moms for Liberty co-founder Tiffany Justice during an event at the group's annual convention in Washington, Friday, Aug. 30, 2024.
Republican presidential nominee former President Donald Trump dances with Moms for Liberty co-founder Tiffany Justice during an event at the group's annual convention in Washington, Friday, Aug. 30, 2024.
Mark Schiefelbein/AP