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“Gay-straight alliances (GSAs) and similar student-initiated groups addressing LGBT issues can play an important role in promoting safer schools and creating more welcoming learning environments,” Duncan wrote in the "Dear Colleague" letter.
“But in spite of the positive effect these groups can have in schools,” he continued, “some such groups have been unlawfully excluded from school grounds, prevented from forming, or denied access to school resources.”
Duncan wrote that GSAs are protected under the 1984 Equal Access Act, which requires that public secondary schools receiving federal funds ensure equal access for student extracurricular groups.
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The law, Duncan wrote, applies “to groups that address issues relating to LGBT students and matters involving sexual orientation and gender identity, just as they apply to religious and other student groups."
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Department of Education general counsel Charles P. Rose issued guidelines in conjunction with the letter that "[affirm] the principles that prevent unlawful discrimination against any student-initiated groups,” Duncan wrote.
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Eliza Byard, executive director of the Gay, Lesbian, and Straight Education Network, called Secy Duncan’s letter “a clear signal to schools and school districts that they may not discriminate against students who seek to form Gay-Straight Alliances.”
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