Scenario+10

A new junior student transfer, Bob, has just made the Varsity Soccer team. Mr. Luongo, the Coach, is extremely excited about Bob because he has excellent potential and the soccer team did not have the best season in 2011-2012. Mr. Luongo is even thinking about making Bob a starter and can't wait for practices to start. Mr. Luongo lets all the students know about the new county policy in which all students must pay the $100 athletic participation fee unless the student is on free/reduced lunch. Mr. Luongo tells the team that it's going to be a great season!

Bob approaches Mr. Luongo as the rest of the students leave for the locker room and tells the Coach that he didn't know about the participation fee. Bob's family situation is such that they don't qualify for free/reduced lunch but they can't afford the fee. Unfortunately, Mr. Luongo's hands are tied and unless Bob can pay, then he can't participate. Bob looks upset but Coach tells Bob that policy is policy.

The next afternoon, before practice, Mr. Luongo see Bob and he is with his Mom, Ms. Campiglia. They have asked to speak with the Coach. Ms. Campiglia tells Mr. Luongo that they recently had to move in with her mother in order to take care of her. Both of the parents have two jobs which causes them not to qualify for free/reduced lunch as they are just above the qualification line. They work very hard but they are now taking care of her mother plus taking over her mortgage payments. Bob used to play for a travel soccer team but now they can't afford that cost. Ms. Campiglia would really appreciate the school if they would allow her son to participate. She knows that if her situation were worse, their family would qualify for free/reduced lunch.

Mr. Luongo doesn't know what to do in this situation. He understands where the family is coming from but the policy is very clear and he follows the rules. Unless the family qualifies for free/reduced lunch, then all families must pay the athletic participation fee.

At the same time, Mr. Luongo does have a kind heart. So, he brings this story to the attention of his Administrator.

As Administrator, discuss in your group the following: 1. How would you handle this situation? 2. If a county/district/school board makes a regulation, do schools have flexibility to bend the rules? 3. What rights do school boards have or not have in establishing athletic participation fees?
 * really look into the school's policy and see exactly how it is stated and see if there are any ways around it; how strict is it?
 * see what the state standards are and talk to other principals to see how they have handled situations like this in the past and the ramifications
 * courts have ruled in favor of students in some cases, other times in favor of the school board or district regulations
 * has been deemed constitutional in some states, and unconstitutional in others
 * California Supreme Court said that all extracurricular activities are an integral part of the educational program
 * Has gone both ways in the past in different court cases
 * In sum, any school board policy of charging fees for participation in extracurricular activities should be designed to maximize the likelihood that the policy would be sustained if it were to be challenged in litigation.