Sagarika Nandi, Secular AZ Legal Intern
Dianne Post, Legal Director
Arizona’s HB2312, signed by the Governor on 3/12/2026, is built on a federal law framework called Title 36 of the United States Code. This law lists certain “patriotic and national organizations” that Congress has officially recognized for their civic and educational role. These include groups like the Boy Scouts of America, Girl Scouts of the USA, Boys & Girls Clubs of America, Big Brothers Big Sisters of America, National FFA Organization, National 4-H Council, YMCA, American Legion, Veterans of Foreign Wars, Disabled American Veterans, and the American Red Cross.
These organizations are not government agencies, but private nonprofits that have been formally recognized by Congress. HB2312 uses this federal list to designate these groups that a school principal “may” allow to address the students and “may” not discriminate against. It is doubtful that such discrimination was occurring but such is our legislature.
However, the school cannot restrict the speakers to those groups. When schools allow student clubs or outside groups to meet, federal law comes into play through the Equal Access Act, 20 U.S.C. §§ 4071–4074. This law applies to public secondary schools that receive federal funding and create what is called a “limited open forum.” This happens when a school allows at least one non-curricular student group to meet during non-instructional time. Once that happens, the school cannot deny access or treat groups differently based on their religious, political, or philosophical beliefs. The court in Krestan v. Deer Valley Unified School District No. 97 confirmed that when schools open these kinds of forums, they must apply consistent and lawful rules across all student groups.
The law also allows schools to set rules for how outside organizations interact with students, but those rules must be neutral. This means schools cannot approve or reject groups based on what they believe or what message they bring. Schools can set reasonable limits on time, place, and manner of presentations, and they can require supervision, but the same rules must apply to all groups equally.
Schools are also allowed to make sure meetings do not disrupt learning and that student participation is voluntary. However, the key legal requirement is consistency— rules cannot be used in a hidden way to favor one group and exclude another.
For parents, this issue is mostly about transparency. Parents have the right to ask which outside organizations are being allowed into schools, how those decisions are made, and whether all groups are being treated the same. These records can help the public understand whether schools are following neutral rules or whether some groups are being favored and some refused or discouraged.
Teachers and school staff also play an important role. Under 20 U.S.C. § 4071(f), schools have the authority to maintain order, supervise meetings, and protect student well-being, but staff must apply rules in a neutral way. This includes knowing the school’s approval process for outside speakers, monitoring presentations when required, and reporting any irregular or unfair treatment of organizations.
The central idea behind all these laws is simple. Schools are allowed to let outside organizations in, but they must treat similar groups the same way.
If decisions start depending on a group’s beliefs or message, rather than neutral rules applied equally, it can raise legal concerns under the Equal Access Act and the First Amendment as explained in Krestan v. Deer Valley Unified School District No. 97.
If parents or teachers notice such distinctions being made, please contact Secular AZ with your concerns.
