Inclusion of Boy Scouts of America in Nondiscrimination Statements

The U.S. Department of Education, Office for Civil Rights in Washington has confirmed with me today that nondiscrimination statements (which must be in all official publications) must reference the Boy Scouts of America Equal Access Act. This is for Local Education Agencies (LEAs – PK-12 schools and programs) and State Education Agencies, but not higher education institutions.


Please refer to the original citation on the OCR website at:


From the pamphlet:



The Department of Education’s (ED) Office for Civil Rights (OCR) enforces several statutes that protect the rights of beneficiaries in programs or activities that receive financial assistance from ED. These laws prohibit discrimination on the basis of race, color, and national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the Education

Amendments of 1972), disability (Section 504 of the Rehabilitation Act of 1973), and age (Age Discrimination Act of 1975). OCR also has enforcement responsibilities under Title II of the Americans with Disabilities Act, which prohibits state and local governments from discriminating on the basis of disability.

In addition, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to meet on school premises or in school facilities for the Boy Scouts of America and other designated youth groups.


An explanation of “other designated youth groups” is explained in Title 36 of the United States Code


Part B—Organizations – lists youth groups such as:


The pamphlet cites sample language:


Sample Notice of Non-discrimination

The following sample notice of nondiscrimination meets the minimum requirements of the regulations enforced

by OCR:

The (Name of Recipient) does not discriminate on the basis of race, color, national origin, sex, disability, [ etc.] in its programs and activities and provides equal access to the Boy Scouts and other designated youth

groups. The following person has been designated to handle inquiries regarding the non-discrimination policies:


Please direct any inquiries to your regional OCR Office at