Gov. Vetoes Schools 'Pay For Play' Rule

Gov. Jerry Brown has vetoed a bill prohibiting K-12 schools from charging fees for certain classes, sports and clubs, which could leave a number of students on the sidelines.

Redlands High School, a public school, and Loma Linda Academy, a private school, said they are both battling to ensure that every child that wants to participate can do so for free.

The bill, authored by Assemblyman Ricardo Lara (D-Bell Gardens), would have prevented public schools from charging fees for books, lab equipment and art supplies. The bill would have also prohibited schools from making fees a requirement to join teams or clubs.

The bill was based on a lawsuit filed the by the ACLU last September arguing that the pay-to-play system violated the state Constitution. It would have mandated that every classroom in the state follow specific complaint procedures even when there were no complaints.

People in favor of the bill worry that this decision could lead to an elitist system of high school activities, where only the kids that can afford to play will join the team. Some say that if a school is not allowed to charge for some activities, those same activities may be eliminated.

Redlands High School, a public school which includes students from Redlands and Loma Linda, still believes they can maintain their level of athletics without putting any of the financial burden on the student-athletes.

“Some of our sports, like football, can fundraise for special things better than others, but anything extra, that fundraising lands on the coaches,” Terriers athletic director Ken Morse said. “We know not everybody is able to pay that fee. Still, with our limited funds, my coaches have always done their best to make it special for their kids.”

This does not affect Loma Linda Academy, a private school that does ask for a $225 fee per sport in addition to their tuition.

But LLA athletic director Gary Eggers said they offer discounts for multi-sport athletes and fundraising through booster clubs or working opportunities for kids that need to raise their own sports fees.

“We don’t want any child not to be able to play if they can’t afford it,” Eggers said. “We have an appeal process and we help several athletes each year, plus they have work opportunities like scorekeeping, working concession stands and game setup to help fund their extracurricular activities.”

In vetoing the bill, Brown said the "bill takes the wrong approach" to ensuring that children are guaranteed a free public education.

The rejection of AB165 comes at a time when school districts throughout California are forced to cut extracurricular activities, including sports, music and other enrichment activities, school districts have said.

Lara spoke out against the decision, saying it is the state’s role to protect a student’s right to a free and equal education. Yet, students are often required to purchase their own athletic equipment, pay to take AP tests that can give them college credits, buy their own uniforms and provide their own transportation to and from events.

“In times of economic hardship we must continue to keep our promise to our children and keep schools free,” Lara said in a written comment on his website. “I am committed to continue working on the issue and help put an end to these illegal fees.”

While other school districts around the country have been forced to eliminate either lower-level participation or some sports altogether, Redlands and the Citrus Belt League is resolute in its belief of freshman sports and has fought hard to keep them.

Morse admits, however, the school is feeling the effects of the recession because they are not pulling in the money from fundraising that they used to. And this takes a huge toll on the coaches and administrators.

“We try to protect the kids from that lack of money and do everything we’ve always done,” Morse said. “But at the end of the day, it’s burning out my coaches.”

The ACLU lawsuit found that schools throughout the state were openly requiring students to pay fees and purchase assigned materials for academic courses. The lawsuit alleged that the fees discriminated against lower-income students by creating a ‘pay to learn’ system.

AB165 would have put complaint and auditing procedures in place to help identify, eliminate and prevent the charging of illegal fees, the ACLU said in its argument. The bill did not prohibit parent and volunteer groups, or booster clubs, from fundraising or voluntarily contributing to educational programs.

Morse said if you lose high school athletics, sports becomes privatized and only for a small number of kids.

“If you lose athletics in high school, it becomes a club scene and the only kids that can play are the ones that can afford it,” Morse said. “That’s unacceptable.”