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. |
Read the rest of this analysis at Secular AZ’s BeeHiiv
