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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
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
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

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 Ed. Dept. Hangs Banner of Charlie Kirk Alongside MLK Jr., Ben Franklin
It's part of a celebration of the nation's 250th anniversary.
1 min read
New banners of Booker T. Washington, Catharine Beecher and Charlie Kirk hang from the Department of Education, Sunday, March 1, 2026, in Washington.
New banners of Booker T. Washington, Catharine Beecher, and Charlie Kirk hang from the U.S. Department of Education on March 1, 2026, in Washington.
Allison Robbert/AP
Federal Ed. Dept. Wants to Revamp Assistance Program It Calls 'Duplicative,' 'Confusing'
The department's Comprehensive Centers have already been through a year of shakeups.
3 min read
A first grade classroom at a school in Colorado Springs, on Feb. 12, 2026.
A 1st grade classroom at a school in Colorado Springs, Colo., on Feb. 12, 2026. The U.S. Department of Education released a proposal to rework a decades-old program charged with helping states and school districts problem-solve and deploy new initiatives, calling the current structure “duplicative” and “confusing.”
Kevin Mohatt for Education Week
Federal Will the Ed. Dept. Act on Recommendations to Overhaul Its Research Arm?
An adviser's report called for more coherence and sped-up research awards at the Institute of Education Sciences.
6 min read
The U.S. Department of Education building is pictured on Oct. 24, 2025, in Washington, D.C.
The U.S. Department of Education building in Washington is pictured on Oct. 24, 2025. A new report from a department adviser calls for major overhauls to the agency's research arm to facilitate timely research and easier-to-use guides for educators and state leaders.
Maansi Srivastava for Education Week
Federal Trump Talks Up AI in State of the Union, But Not Much Else About Education
The president didn't mention two of his cornerstone education policies from the past year.
4 min read
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026.
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026. The president devoted little time in the speech to discussing his education policies.
Kenny Holston/The New York Times via AP, Pool