Court Orders Discovery On Equal Access Act Claim

In Youth Alive v. Hauppauge School District, 2009 U.S. Dist. LEXIS 29017 (ED NY, April 6, 2009), a New York federal district court dismissed as moot most of the claims asserted by two high school students regarding difficulties in organizing and operating a Bible club at their school. The court found that the school had responded to most of plaintiffs' claims under the 1st and 14th Amendments and the federal Equal Access Act (20 USC Sec. 4071). A controversy remained however over the school's failure to provide a paid advisor for the club, called Youth Alive. The court concluded that discovery is necessary as to this claim. At issue is the interpretation of a provision of the Equal Access Act that provides it shall not be construed to authorize school districts to "expend public funds beyond the incidental cost of providing the space for student-initiated meetings." Defendants claim this precludes them from furnishing a paid advisor, even though they are furnished to other non-religious groups.