Together with the ACLU of Virginia, PLG recently secured a settlement with the King George County School Board that requires the school district to allow noncurricular student organizations—including a Gay Straight Alliance (GSA)—to form at King George Middle School (KGMS). The settlement resolves claims brought under the First Amendment and the Equal Access Act after the school board adopted a policy that effectively blocked students from forming a GSA.
Key Takeaways
School districts cannot selectively enforce policies to exclude disfavored student groups. Under the Equal Access Act (20 U.S.C. § 4071), public secondary schools that receive federal funding and maintain a “limited open forum” by allowing noncurricular student groups must provide equal access to all student groups, regardless of the “religious, political, philosophical, or other content” of their speech.
Facially neutral policies adopted for pretextual purposes are vulnerable to legal challenge. When the King George County School Board adopted a blanket prohibition on “noncurricular organizations” at the middle school level shortly after students sought to form a GSA, the timing and surrounding facts suggested viewpoint discrimination, exposing the district to both First Amendment and Equal Access Act claims.
Background
During the 2025–2026 school year, students at KGMS followed the school’s routine process to form a GSA. After the principal approved the club’s formation materials and 17 students signed up, the King George County School Board proposed new rules to make it harder to form clubs. Following a letter from the ACLU of Virginia that such a policy would violate federal law, the school board adopted a blanket prohibition on all “noncurricular organizations” at the middle school level—barring the GSA from forming.
PLG and the ACLU of Virginia filed suit in the U.S. District Court for the Eastern District of Virginia, asserting claims under the First Amendment and the Equal Access Act.
The Settlement
Under the settlement, the School Board agreed to revise its student organization policies to allow noncurricular student organizations at both the middle and high school levels. The revised policies establish clear procedures for students to apply for, form, and operate student-led clubs, including:
- School principals must review applications within ten school days
- Students may appeal any denial to the superintendent
- Parental permission is required to propose or join a club
- The revised policies will remain in place through December 2027
The U.S. Magistrate Judge retains jurisdiction to resolve any disputes. If the school does not approve a GSA proposal under the new policy, the lawsuit can be refiled.
Implications for Schools and Districts
This settlement reinforces that school districts allowing any student clubs to meet cannot discriminate against other groups based on viewpoint. Once a school permits noncurricular student organizations, it must provide equal access to all—regardless of a group’s message or purpose. Schools considering policy changes should ensure those policies are viewpoint-neutral and consistently applied.
For More Information
PLG’s Education practice group regularly advises institutions on civil rights, regulatory, and compliance matters, including issues arising under Title IX, Title VI, the Equal Access Act, and the First Amendment. For questions about this settlement or student organization policies, please contact:
Mary Rohmiller, Partner — mrohmiller@potomaclaw.com
Alice Yao, Partner — ayao@potomaclaw.com
Dylan Nicole de Kervor, Partner — ddekervor@potomaclaw.com
