Schoick v. Saddleback Valley Unified School District

Plaintiff Justin Van Schoick appeals an adverse summary judgment on his claim under the Federal Equal Access Act (FEAA or the Act) ( 20 U.S.C. § 4071 ). He contends Mission Viejo High School violated his rights under the Act by refusing to grant a student club of which he was president, the Fellowship of Christian Athletes (FCA), rights enjoyed by all other clubs permitted to meet on campus.

In particular, plaintiff challenges the trial court’s conclusion that two other student clubs—the Key Club and the Girls League—were “curriculum related” primarily because participation in them satisfied a graduation requirement that all students perform eight hours of community service. Because it found those clubs were curriculum related, the court reasoned the provisions of the FEAA were not triggered and the school could, therefore, lawfully exclude his club from campus. We reverse because the court went beyond its role on summary judgment of searching for triable issues of fact when it resolved the factual disputes concerning the Key Club and Girls League.

I

Mission Viejo High School is a secondary educational facility within the Saddleback Valley Unified School District (the…