Schools may not ban atheist/ secular clubs if other non-curricular clubs are allowed. 

Under the Equal Access Act, if public secondary schools permit non-curricular clubs, they cannot discriminate against student clubs based on their religious, political, philosophical or other beliefs. All clubs must receive the same rights and privileges. If a teacher is unwilling to serve as advisor for a secular club, a school administrator should be assigned. 

The EAA further requires that student clubs be run by students, not adults, teachers or other outsiders, such as youth ministers. School staff may only supervise club meetings; participation is forbidden. Mergens.

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