Carver Middle School Gay-Straight Alliance v. School Board of Lake County, Florida

842 F.3d 1324, 2016 U.S. App. LEXIS 21702, 2016 WL 7099781
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 6, 2016
Docket15-14183
StatusPublished
Cited by17 cases

This text of 842 F.3d 1324 (Carver Middle School Gay-Straight Alliance v. School Board of Lake County, Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carver Middle School Gay-Straight Alliance v. School Board of Lake County, Florida, 842 F.3d 1324, 2016 U.S. App. LEXIS 21702, 2016 WL 7099781 (11th Cir. 2016).

Opinion

WILLIAM PRYOR, Circuit Judge:

This appeal requires us to decide whether a complaint that a school board violated the Equal Access Act when it denied the application of the Carver Gay-Straight Alliance to form a student club is ripe and not moot and whether the Act applies to a public middle school in Florida. After a teacher at Carver Middle School submitted an application for the approval of the Carver Gay-Straight Alliance, the superintendent denied the application on the ground that the application failed to identify an allowed purpose for the club. Instead of submitting a new application, the Alliance and a student, H.F., filed a complaint that the Board had violated the First and Fourteenth Amendments to the Constitution and the Equal Access Act. Under the Act, if a public school “provides secondary education as determined by State law,” the school must give extracurricular clubs equal access to school resources. 20 U.S.C. §§ 4071-72. Following a bench tidal, the district court entered a judgment against the constitutional claims, dismissed the claim under the Act as both not ripe and moot, and ruled, in the alternative, that the Act does not apply to Carver Middle School. The Alliance and H.F. appeal only the dismissal of their complaint that the Board violated the Act. Because we conclude that the complaint of the Alliance and H.F. is ripe and not moot and that the Act applies to Carver Middle School, we vacate and remand for further proceedings.

I. BACKGROUND

The School Board of Lake County, Florida, administers Carver Middle School, a public school that educates students in grades six through eight. Middle schools in Florida must provide “at least one high school level mathematics course for which students may earn high school credit.” Fla. Stat. § 1003.4156(l)(b). Carver provides Algebra I to meet this obligation. The Carver Gay-Straight Alliance is an unincorporated association.

Beginning in the 2011-12 school year, students at Carver Middle School submitted applications to approve the Alliance as a student club. The principal of the school denied the first application. Students submitted another application the following school year. The new principal, Mollie Cunningham, referred the application to the Board. Because the Board determined *1327 that principals across the district inconsistently applied district policy for club formation, it held several meetings to discuss amending the policy. A student not associated with this appeal sued the Board to compel it to approve the club. The parties agreed to a consent order the next day that required the Board to approve the Alliance as a club for the one month remaining in the school year. The Alliance held three meetings during that period.

In August 2013, the Board adopted a new policy for student clubs. The policy outlined different sets of rules for elementary, middle, and high schools. Policy 4.502 governs middle schools and requires clubs to obtain the superintendent’s approval that the club meets an approved purpose:

(2) Middle School clubs and organizations are an extension of the school curriculum. Middle School clubs must be sponsored by the school and are limited to organizations that strengthen and promote critical thinking, business skills, athletic skills, and performing/visual arts. Schools may also establish organizations relating to academic honor societies and student government and clubs that are directly related to the curriculum.
(3) All student clubs and organizations must be approved by the Superintendent before they can operate at a school.
(4) All prospective clubs must submit a District approved application. The application shall include a club charter which shall set forth the purposes, qualifications for members, and the rules of conduct and shall be maintained on file for reference by all students and school employees.

Doc. 75 at 7-8. Under the policy, clubs must apply for approval each school year. The Board policy for high school clubs is more permissive and includes designations for curricular, non-curricular, and interscholastic extra-curricular activities.

During the 2013-14 school year, H.F. attended Carver and submitted an application through Heather Jablonski, a teacher at the’ school and the proposed club sponsor. Jablonski signed the application; she did not help prepare it. The application described the following purposes and goals of the club to support LGBT students:

(1) to create a safe, supportive environment at school for students to discuss experiences, challenges, and successes of LGBT students and their allies
(2) to create and execute strategies to confront and work to end bullying, discrimination, and harassment against all students, including LGBT students
(3) to promote critical thinking by discussing how to address bullying and other issues confronting students at Carver Middle School.

Doc. 4-11 at 2.

After the superintendent, Susan Moxley, delegated authority to Aurelia Cole, the district chief of administration, to approve or deny applications, Cole determined that the application for the Alliance did not comply with the Board policy because the club was “not an extension of the school curriculum.” She returned the application to Cunningham with an email that explained the club could “resubmit an application with a charter that would qualify under current Board Policy.” Cole did not then understand that she could approve clubs that “strengthen and promote critical thinking, business skills, athletic skills, and performing visual arts.” But the superintendent later testified—and Jablonski and the district court agreed—that the application was deficient under Board policy because it made no attempt to explain how the club would promote critical thinking.

Cole contacted Cunningham and told her that if the Alliance resubmitted and includ *1328 ed more information on critical thinking, the club might be approved. The superintendent testified that she would have been “inclined to approve the application” had it been adequate. The Alliance did not submit another application for the 2013-14 or 2014-15 academic years.

The Alliance and H.F. sued the Board for violating the Equal Access Act and the First and Fourteenth Amendments. They sought nominal damages, a declaratory judgment, and an order enjoining the Board from denying the club access to the school forum. After a bench trial, the district court entered judgment against the constitutional claims.

The district court ruled that the claim under the Equal Access Act was both not ripe and was moot. The district court ruled that the claim was not ripe because it “depended upon facts that were not sufficiently developed.” The district court reasoned that the Alliance could have resubmitted an application, and the costs to the Alliance of.

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Bluebook (online)
842 F.3d 1324, 2016 U.S. App. LEXIS 21702, 2016 WL 7099781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carver-middle-school-gay-straight-alliance-v-school-board-of-lake-county-ca11-2016.