Carver Middle School Gay-Straight Alliance v. School Board of Lake County, Florida, 2016 U.S. App. LEXIS 21702

Carver Middle School (grades 6–8) administers in Lake County, Florida and offers Algebra I for high school credit.
The Carver Gay-Straight Alliance (unincorporated) applied to form a student club starting in 2011–12; initial denial followed by subsequent attempts and policy scrutiny.
In August 2013, the Board adopted Policy 4.502 for middle schools requiring clubs to be sponsored and to have an approved curriculum-related purpose, including a district-wide charter and annual applications.
During 2013–14, H.F. submitted an application via sponsor Jablonski seeking a safe, anti-bullying environment and promotion of critical thinking; Cole rejected it as not an extension of the curriculum.
Cole suggested resubmission with more emphasis on critical thinking, but no new application was filed for 2013–14 or 2014–15; the district treated the denial as a final decision.
The district court ruled the Equal Access Act claim not ripe and moot and held the Act may not apply to Carver; on appeal, the Eleventh Circuit held the claim ripe, not moot, and Act applicable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the Equal Access Act claim ripe for review?	Alliance argues Board denial was a final decision.	Board contends ripeness depends on potential resubmission.	Yes; denial itself was a final decision suitable for adjudication.
Is the Equal Access Act claim moot?	Relief could still be granted for ongoing access or nominal damages.	No current interest or ongoing policy affecting the plaintiff or students.	Not moot overall; some relief remains possible and nominal damages may be available.
Does the Equal Access Act apply to Carver Middle School?	Carver provides high school–credit courses; thus it provides secondary education under the Act.	Carver is not a traditional secondary school under Florida law.	Yes; Carver provides secondary education under Florida law, so the Act applies.

Nicklaw v. CitiMortgage, Inc., 839 F.3d 998 (11th Cir. 2016) (ripeness standard and Article III limits on review)
Elend v. Basham, 471 F.3d 1199 (11th Cir. 2006) (standing and mootness in pre-enforcement review)
Digital Properties, Inc. v. City of Plantation, 121 F.3d 586 (11th Cir. 1997) (binding conclusive administrative decision required for ripe review)
Cadet v. Bulger, 377 F.3d 1173 (11th Cir. 2004) (standing and mootness in administrative challenges)
City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (capable-of-repetition, yet-evade-review exception to mootness)
FEC v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007) (repetition exception to mootness requirements)
Memphis Community School Dist. v. Stachura, 477 U.S. 299 (1986) (nominal damages and vindication of rights when no actual injury)
Sapp v. Renfroe, 511 F.2d 172 (5th Cir. 1975) (standing and mootness considerations in evolving student claims)
DeFunis v. Odegaard, 416 U.S. 312 (1974) (mootness and admissions context; ongoing controversy requirement)
Adler v. Duval County School Bd., 112 F.3d 1475 (11th Cir. 1997) (First Amendment rights in school settings; mootness considerations)
Covenant Christian Ministries v. City of Marietta, 654 F.3d 1231 (11th Cir. 2011) (nominal damages available for constitutional rights violations)