25-409 O Y 4.Ed 8/1: Eg 2/3 HEARINGS ON THE EQUAL ACCESS ACT HEARINGS BEFORE THE CIS RECORD ONLY: SUBCOMMITTEE ON ELEMENTARY, SECONDARY, OF THE COMMITTEE ON EDUCATION AND LABOR NINETY-EIGHTH CONGRESS FIRST SESSION ON H.R. 2732 TO PROVIDE ACCESS AND OPPORTUNITY TO STUDENTS IN PUBLIC HEARINGS HELD IN WASHINGTON, D.C., ON JUNE 16, OCTOBER 18, 19, Printed for the use of the Committee on Education and Labor CONTENTS Bailey, Bonnie, 1983 graduate of Monterey High School, Lubbock, Tex....... Bergstrom, Rev. Charles V., executive director, Office of Governmental Boothby, Lee, general counsel, Americans United for Separation of Church and State, on behalf of W. Melvin Adams, executive director, Americans United for Separation of Church and State....... Denton, Hon. Jeremiah, a Ū.S. Senator from the State of Alabama Geiger, Keith, vice president, National Education Association Harrison, Hunter, Acting General Counsel and Special Counsel to the Secretary, U.S. Department of Education...... Kelley, Rev. Dean M., director for religious and civil liberty, National Novik, Jack, Esq., associate director, American Civil Liberties Union Ocker, Richard, principal, Hamilton Elementary School, Carlisle, Pa......... Pearl, Marc, Washington representative, American Jewish Congress. Teitel, Ruti G., assistant director, Legal Affairs Department, Anti-Defa- Thornton, C. Luke, principal, John I. Leonard High School, Lake Worth, Adams, Melvin W., executive director, Americans United for Separation of Church and State, Silver Spring, Md., prepared statement of.... Bailey, Bonnie, 1983 graduate of Monterey High School, Lubbock, Tex., Bell, T. H., Secretary, U.S. Department of Education, Washington, D.C.: Letter to Chairman Perkins, dated July 28, 1983, with enclosure....... Bonker, Hon. Don, a Representative in Congress from the State of Wash- ington, letter to Chairman Perkins, dated October 25, 1983, enclosing a Prepared statements, letters, supplemental materials, etc.-Continued Geiger, Keith, vice president, National Education Association, prepared Harrison, Hunter C., Jr., Acting General Counsel, U.S. Department of Education, letter to Chairman Perkins, dated September 14, 1983... Hatfield, Mark O., a U.S. Senator from the State of Oregon, letter to Chairman Perkins, dated October 19, 1983, enclosing S. 815, a bill. Kelley, Rev. Dean M., the National Council of the Churches of Christ in the United States of America, prepared statement of.. Kemp, Jack, a Representative in Congress from the State of New York, "School Prayer, Neutrality, and the Open Forum: Why We Don't Need a Constitutional Amendment," article entitled.. Monaghan, Patrick, general counsel, Catholic League for Religious and "Is Religious Speech a Protected Right?" article entitled. Lubbock Independent School District v. Lubbock Civil Liberties The American Jewish Committee, statement on H.R. 2732.. The Baptist Joint Committee on Public Affairs, statement on H.R. 2732, Zwenig, Frances A., on behalf of People for the American Way, Washing- ton, D.C., prepared statement of, enclosing exhibits and appendix......... HEARINGS ON THE EQUAL ACCESS ACT THURSDAY, JUNE 16, 1983 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON ELEMENTARY, SECONDARY, AND VOCATIONAL EDUCATION, Washington, D.C. The subcommittee met, pursuant to call, at 9:30 a.m., in room 2175, Rayburn House Office Building, Hon. Carl D. Perkins (chairman) presiding. Members present: Representatives Perkins, Packard, Goodling, Gunderson, Chandler, and Bartlett. Staff present: John F. Jennings, staff counsel, Nancy Kober, legislative specialist, and Richard DiEugenio, minority legislative associate. [Text of H.R. 2732 follows:] [H.R. 2732, 98th Cong., 1st sess.] A BILL To provide equal access and opportunity to students in public schools and public colleges and universities who wish to meet voluntarily for religious purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Equal Access Act". SEC. 2. (a)(1) No funds appropriated to the Department of Education to provide financial assistance to State or local educational agencies may be obligated or expended to any State educational agency or local educational agency, if the State or local educational agency, or any public elementary or secondary school for which the state or local educational agency is responsible, has a policy or practice described in subsection (b). (2) No funds appropriated to the Department of Education to provide financial assistance to institutions of higher education may be obligated or expended to any public institution of higher education if such institution has a policy or practice described in subsection (b). (b) The policy or practice referred to in subsection (a) permits students or faculty members, or both, or groups of students, groups of faculty members, or both, to engage in voluntary extracurricular activities on school premises of a public elementary or secondary school or a public institution of higher education during noninstructional periods, but denies equal access and opportunity to, or discriminates against, students or faculty members or both, or groups of students, groups of faculty members, or both, that seek to engage in voluntary extracurricular activities that involve prayer, religious discussion, or silent meditation on school or institution premises during noninstructional periods. SEC. 3. As used in this Act (1) the term "State educational agency" has the same meaning given that term by section 1001(k) of the Elementary and Secondary Education Act of 1965; (2) the term "local educational agency" has the same meaning given that term by section 1001(f) of the Elementary and Secondary Education Act of 1965; (3) the term “institution of higher education" has the same meaning given that term by section 1201(a) of the Higher Education Act of 1965; |