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U.S. Department of Education

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*Boy Scouts of America Equal Access Act Rulemaking
The *Boy  Scouts of America Equal Access Act,* part of the *No Child Left Behind Act,* addresses equal access for the Boy Scouts of America and other designated youth  groups listed  in Title 36 of the *U.S. Code*.  The act applies to any public elementary  school, public secondary school, or state or local education agency that has a  designated open forum or limited public forum and that receives funds from the  U.S. Department of Education. On Oct. 19, 2004, ED published a “Notice of  Proposed Rulemaking” in the *Federal  Register,* inviting public comment on proposed regulations. Among other  things, the proposed regulations required that OCR collect assurances of  compliance with the law from applicants for funds made available through ED  that are covered by the *Boy Scouts Act*.  

More than 3,000 parties submitted comments on  the proposed regulations. During FY 2005, OCR analyzed the comments and began  the process of drafting final regulations.   OCR also worked with other offices within ED and with the Office of Management and  Budget (OMB) to develop a revised assurance of compliance form.  On Feb. 14, 2006, OMB approved OCR’s revised  assurance of compliance form, the Assurance of Compliance—Civil Rights  Certificate, which now lists the *Boy Scouts Act* as well as other laws  enforced by OCR.  

On March 24, 2006, ED published the final regulations in the *Federal  Register*.  The regulations will be  codified at 34 C.F.R. Part 108.  In July  2006, ED mailed out a “Dear Colleague” letter from Assistant Secretary for  Civil Rights Stephanie Monroe to more than 17,000 state and local education  agencies.  The letter provided  background information on the *Boy Scouts Act* and the need for assurances  of compliance, enclosed a blank OCR Assurance of Compliance—Civil Rights  Certificate form, and contained instructions on how to complete the form and  return it to OCR.  OCR began collecting  signed Assurance of Compliance—Civil Rights Certificate forms shortly after the  issuance of the assistant secretary’s letter. 
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