WASHINGTON, D.C. – Liberty Counsel, which represents student religious groups in K-12 public education, signed on to a letter to U.S. Secretary of Education Linda McMahon alongside other student-focused ministries urging the federal department to revise current guidance to ensure equal treatment of the religious expression of these student groups. 

In February 2026, the U.S. Department of Education updated its periodic guidance on constitutionally protected prayer and religious expression in public elementary and secondary schools. The guidance, required to be updated periodically by the Elementary and Secondary Education Act of 1965, “makes clear that parents and children have a constitutional right to take part in public school in ways that align with their sincerely held religious beliefs,” reads a department press release.

However, the letter signaled that the 2026 update did not include some of the specific, practical language of student rights that have been helpful in engaging with school administrators to prevent or stop unfair and unequal treatment of student religious groups.

“We have seen that school administrators often fail to understand that federal law requires them to allow the religious expression of religious student groups (including through prayer and religious teaching) in the same way they allow the expression of non-religious student groups,” reads the letter, cosigned by Christian Legal Society, Fellowship of Christian Athletes, Young Life, Cru, and Child Evangelism Fellowship (CEF). “School administrators sometimes exclude religious groups due to misunderstandings about the First Amendment or because they simply don’t like the religious beliefs or practices of the groups.” 

The 2020 Trump guidance previously informed school administrators that all student groups, religious or secular, should be given the same advertising opportunities. This includes allowing all groups access to bulletin boards or the public address system. In addition, previous guidance reminded administrators they “may not refuse” access to religious groups to student group forums they have created, and these religious groups are permitted to have faith-based leadership requirements so leaders faithfully reflect a group’s beliefs. 

The 2020 guidance also noted that administrators “could simply disclaim sponsorship of noncurricular groups and events rather than try to silence religious speech by religious groups,” states the letter. “By including these requested updates in future guidance…the Department will continue to provide both concrete support to students gathering for religious purposes and protection for the religious expression of their student groups.”

Liberty Counsel has represented approximately 400 CEF cases nationally and has never lost a case involving equal access for its Good News Clubs in public schools across the nation. Recently, Liberty Counsel helped the student-led “Faith and Fellowship Club” at the Arts and Entertainment Virtual Academy in the Los Angeles Unified School District attain equal access to advertising in the school’s weekly webinar alongside other nonreligious and noncurricular clubs.

Liberty Counsel Founder and Chairman Mat Staver said, “We are grateful for the Department of Education’s continued support and protections of religious expression by student groups. Enhancing the guidance with specific equal access language from previous iterations would clarify what is allowed and directly address many of the ongoing issues religious student groups face today. By including these updates, student groups and their supporting ministries can help ensure school districts and administrators do not unlawfully restrict religious expression for student groups.” 

For media interviews, please email [email protected].