If your child wants to play on the school’s football or swim team, be a cheerleader, play in the band, or act in a school play, you may have to pay for the privilege. As tax revenues for public education declined—especially in the wake of the Great Recession—schools increasingly turned to fees for extracurricular activities as a way to make up the shortfall and cover the costs of running these programs.
These “pay-to-play” fees may or may not be legal, depending on the specifics and where you live. Many states allow schools to charge fees for extracurricular activities as long as students aren’t required to participate—and only participants pay. But in some states, courts or laws have barred fees for any school activities or programs that are considered an essential part of education.
Why Are Extracurricular Activities Important in School—and What Do They Cost?
Pay-to-play fees are common in many states. According to one national survey, over six in ten students who participated in school sports had to pay a fee. And the costs can be steep. Along with the fee for participation, you may have to pay extra for things like uniforms, equipment, instruments, and travel costs. If your child participates in more than one sport or activity, the fees can add up to as much as $1,000 or more at the high school level. Not surprisingly, the cost can be a barrier for some families.
How much does that barrier matter? After all, extracurricular activities are, by definition, not part of the coursework. But as some courts have recognized, school sports and other extracurricular activities play an important role in education. They teach skills like teamwork, problem solving, and setting goals. Studies have consistently shown that students who participate in extracurricular activities have higher grades and test scores than nonparticipants, as well as better attendance records and lower dropout rates.
Participating in sports and other school activities can also help students get into college. Admissions officers pay attention to college applicants’ participation in a range of extracurricular activities. And athletic scholarships remain critical to many students’ ability to afford higher education.
Clearly, paying the fees for extracurricular activities can be a smart investment in your child’s future. But is it fair to restrict this opportunity to those who can afford to pay?
What About Pay-to-Play Fee Waivers?
Even though many schools have policies to waive the fees for low-income families, the rules for those waivers can be restrictive. One survey reported that only 6% of students who applied for a waiver of pay-to-play fees actually received one.
How Different States Approach Pay-to-Play Fees
Education policies are up to the states. Most state constitutions guarantee the right to free public education through high school. However, in some states—like Kansas and Utah—the constitutions specifically allow the legislature to authorize fees. Even when it’s not spelled out like that in the constitution, state courts and legislators have different interpretations of what free education means. Does it cover only the core curriculum? Or does it include other things that contribute to students’ overall education? For example:
- Courts in several states have found that the free public education provisions in their constitutions don’t include school sports or other extracurricular activities that are outside of regular academic courses, because they aren’t necessary or fundamental for the educational process. That means school can charge fees for students who choose to participate in these activities. (See, for instance, Paulson v. Minidoka, 463 P.2d 935 (Id. 1970) and Attorney General v. East Jackson Public Schools, 372 N.W.2d 638 (Mich. Ct. App. 1985).)
- In contrast, the California Supreme Court ruled that the constitutional free-school guarantee covered all educational activities —including extracurricular ones. The court reasoned that extracurricular activities are an “integral component of public education,” and that fees to participate violate the state constitution even when schools allow students to apply for waivers. (Hartzell v. Connell, 679 P.2d 35 (Cal. 1984).) California law now specifically prohibits schools in the state from charging fees for educational activities offered by the school that are a fundamental part of elementary and secondary education (Cal. Educ. Code §§ 49010, 49011).
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The Indiana Supreme Court held that an “activities fee” charged to all students violated a provision in the state’s constitution establishing tuition-free public schools. The court pointed out that either the state Board of Education or the legislature had already decided that activities like drama, music, debate, and athletic programs are “part and parcel of a public school education.” However, the court also said that schools could offer programs and activities that go beyond that, and it would be OK to charge reasonable fees for students who participate in those extracurricular activities. (Nagy ex rel. Nagy v. Evansville-Vanderburgh School Corp., 844 N.E.2d 481 (Ind. 2006).)
Getting More Information
If your child’s school is charging fees for equipment or participation in sports or other activities, you should ask school officials whether those fees are actually required. Sometimes, pay-to-play fees are supposed to be voluntary, but that isn’t made clear to students or parents. If the fees are required but you can’t afford them, ask about the school’s waiver policy. You may also want to speak with a school law attorney who can explain whether the fees are legal in your state and, if not, what legal options you may have.