By Minh Ngoc Le
Fountain Valley High School (FVHS) may be violating the Equal Access Act by requiring Equal Access groups to comply with rules intended for curricular clubs, and, in effect, denying the formation and recognition of such groups, according to a Baron Banner investigation.
Since at least 2016, Equal Access groups deemed too similar in purpose to another, whether existing or in the process of application, have been rejected from forming based on policies outlined in the FVHS Club Handbook. These denied groups, which can be named “clubs,” are not recognized on campus and cannot participate in school-sanctioned events, such as Club Rush and Culture Fest.
In an interview with Baron Banner, Assistant Principal of Activities Brian Clark explained why FVHS has established and upheld these policies.
“The policy comes from our faculty and staff, who’ve expressed concerns that there are too many clubs that are similar. Students were expressing that they didn’t know which club to go to. It led to a lot of confusion among students, as well as to which club they should go to for which purpose,” Clark said.
Club policies at FVHS, as referred to by Clark, have some basis in the Associated Student Body (ASB) Manual published by the Fiscal Crisis & Management Assistance Team (FCMAT) – established by the 1991 California Assembly Bill 1200 to provide fiscal guidance to local education agencies. The FCMAT’s guidelines dictate how curricular clubs are managed by ASBs throughout California.
Curricular clubs, such as Mock Trial or Math Olympiad, require a direct correlation to the school’s academic curriculum and hold a financial account managed by ASB. On the other hand, Equal Access groups operate as student organizations supporting alternative student interests. While not all student organizations meet the criteria to be classified as curricular clubs, they should be permitted to operate as an Equal Access group, in accordance with the Equal Access Act (EAA).
DENIAL DUE TO SIMILARITY
The 1984 Equal Access Act states that it is unlawful for public high schools receiving federal funding to “to deny equal access or a fair opportunity to, or discriminate against” students who wish to conduct a meeting based on the content of their speech within a limited open forum, which the Huntington Beach Union High School District (HBUHSD) has established at all district campuses through Board Policy (BP) 6145.5.
This means that if a school allows one Equal Access group to exist, it must allow all other Equal Access groups to exist on campus with the same privileges and recognitions granted to other groups. Denying a group’s formation on the basis of similarity seems to violate the EAA, essentially denying students equal opportunities based on the content of their speech.
ARCHITECTURE CLUB AND ACTION ARCHIVE
For example, a proposed Architecture Club was one group rejected during the 2025-2026 application cycle, specifically due to its mission and similarity to that of Habitat of Humanity, according to a student involved in the Architecture Club application process. Baron Banner has agreed to withhold the student’s name because they fear reprisal against their current group on campus.
According to Habitat for Humanity’s Instagram page, the student organization volunteers at Habitat restorations and fundraises for affordable housing. The proposed Architecture Club, on the other hand, sought to develop analytical skills in architectural design, utilizing tools like 3D printing to formulate conceptual solutions.
After Architecture Club was initially rejected on the basis of similarity, club board members challenged the decision, hoping that clarifying their distinct purpose would lead to approval. The club’s presidents decided to give up on the club after failing to secure another consideration.
“The problem was that [FVHS] cut [the presidents] off from the start, disallowing any passion to grow. If our students are in an environment where taking initiative isn’t worth it, especially the initiative to bridge an educational gap, then [FVHS] is doing something wrong,” the student said in an email to Baron Banner.
Action Archive, a film-making Equal Access group on campus, was also initially rejected due to its perceived similarity to Baron Broadcast News (BBN).
“The process of getting my club approved and running has been complicated and straining on my mental health,” senior Vy Trinh, Action Archive president, wrote in an email to Baron Banner.
“After running our club within BBN for three-fourths of the school year, [FVHS] demanded the shutdown of our club, and that even the name Action Archive could not be used, despite initial approval for us to perform on campus, This, along with other disagreements throughout the year, resulted in constant stress, like when they demanded that we delete our Instagram accounts and shut down our booth at Club Rush,” Trinh continued.
While it is lawful for schools to only allow the formation of curricular clubs, HBUHSD established limited open forums to recognize the importance of students organizing themselves to explore unique interests.
In an intro to a 2016 version of BP 6145.5, the board stated, “Student groups serve to honor outstanding student achievement, enhance school spirit and students’ sense of belonging. The Board believes that student groups give students experience in civics and government, and provide social and recreational activities.”
FVHS administrators agree with the spirit of the board’s policies.
“We’re not trying to limit students’ voices in any way, shape or form. It’s just trying to balance the needs of the campus, the needs of the students… and what the law is,” Clark said.
STRIKE SYSTEM: ATTENDANCE AND COMPLIANCE REQUIREMENTS FOR STUDENT CLUBS
While some groups have been denied Equal Access group status, other groups have been canceled or denied renewal based on another curricular club regulation: mandatory events and meeting minute submissions.
The Club Handbook requires all clubs — including Equal Access groups — to hold meetings at least twice a month and submit documentation of those meetings monthly, or risk being reprimanded.
Clubs can also receive warnings or strikes for not participating in Club Rush 1.0 & 2.0, unless excused, or failing to plan and submit evidence of two events or fundraisers each semester.
Under the current system, a first offense results in a warning, and any subsequent offense counts as a strike. One warning and three strikes can lead to a year-long probation or full disbandment beginning the following academic year. If a club is disbanded, its executive members are prohibited from forming a new club on campus.
However, the Equal Access Act and BP 6145.5 specify that all student meetings must be voluntary and student-initiated. HBUHSD board regulation 5145.3 further clarifies that their policy does not require any student to participate in “any activities covered by these regulations.” By requiring mandatory attendance at meetings, events or activities in order to avoid strikes, it appears students are losing the choice to decide whether or not to meet on their own account.
After hearing examples of possible EAA violations in the interview with Baron Banner, Lopez agreed that the school should reconsider its current policy.
“[FVHS] could be in violation. But it gives us the opportunity as an administrative team to look at [these policies]. We are open to looking at the process and seeing if [it] works in our students’ best interests,” Lopez said. “We want to hear our students’ voices — our doors are wide open. If students have something that they need to talk to us about, whether it be clubs or whatever, student voice is important to us.”
Fountain Valley High School is not the only campus in HBUHSD with policies that seem to violate the EAA. As of the publication of this article, Huntington Beach High School (HBHS)’s club handbook lists similar policies denying group recognition due to similarity in purpose and requirements to host monthly meetings. Edison High School (EHS)’s club application also mandates a minimum number of club meetings for Equal Access Groups and requires at least two club members to serve in the community.
Baron Banner has reached out to HBHS’ and EHS’ ASB Presidents, who did not respond to a request for comment.
