Extracurricular activities at Fountain Valley High School – whether it is a sport, a performing art, a club, etc. – are no longer permitted to charge compulsory fees.
Schools in California have long been barred from charging students extracurricular fees. In April 1984, during the Hartzell vs. Connell case, the “pay-to-play” program in California was deemed “unconstitutional” by the Supreme Court; all students were guaranteed equal opportunities within a public school, regardless of financial background. However, many school districts have long been disregarding the ruling, especially since state funding for education has been running low.
More recently, in September 2010, the American Civil Liberties Union (ACLU) filed a lawsuit against several schools, claiming that school fees violate said ruling and disrupt students’ right to free education. As a result, penalties are now currently being proposed for violating these policies. For instance, a portion of school districts’ administrative budgets may be withheld until students are reimbursed for their fees.
However, student leaders of such functions are quick to find loopholes; rather than braving an empty treasury, many demand “highly recommended donations”, which, to the average student, translates to “pay, or don’t play”. These “donations” have long been used during fundraisers, during which students are prohibited from setting an actual price for labor or products because in the eyes of the law, such acts are considered illegal solicitation of money. To bypass this law, students often ask for an unfixed “donation”; although these are not overtly compulsory to customers of fundraisers, they’re implicitly mandatory within a social context. Likewise, extracurricular fees are now demanded in a similar manner – pay up, or risk the tense awkwardness that follows.
Regardless of whether the new policy will bring about more harm than good, students are no longer required extracurricular dues such as club membership fees – though few seem to be aware of these rights. Whether or not this ruling will affect the course of student life significantly still remains to be seen.
