REESE & CARNEY, LLP Aiornage a Lae megmnarmr> ccc sora cman oan sores ma nek ta ccunas Mamba on aa — a . as noen oe as ai een re eine some none se wc mc sun sn zee sunnost maxan nome tome Ca eee oo coaem ila Shen avover wera” avi c mSErenERS oxen *ApserrrEo mi waaiaTON, De July 24, 2007 This law firm provides general legal advice to the Board of Education of Montgomery County and to the school system as a whole, Because of the nature of your inquiry, your correspondence has been forwarded 10 me for response. You inquired about the legal basis forthe extra-curricular activity fee. You noted that the Supreme Court of British Columbia recently ruled such fees illegal and suggested that schools should either cut costs or the government should raise taxcs. You are correct in linking the extra-curricular fee to the availability of funds for the school system. More than 10 years ago, in fiscal year 1991, the interscholastic athletic program in middle schools was eliminated in budget reductions, ~ In Maryland, courts have drawn a distinct vite integral part of edeation and those that are not, In 1972, the Maryland Attorney Generafvas asked weigh in onthe question of whether it was lawl to charge a fee to students for driver's edi&HIOh, The Allorncy General concluded that “a driver education program offered inthe schoo! curriculum shall be without cage.” (emphasis supplied) The State Board of Education adopted a bylaw on that same issue. It sys that fa] fee may not be charged for any part ofa publie school driver education program offered during the regular school day.” emphasis supplied) In adlton, “[aJcademie credit may not be awarded ifa fee is charged for a public schoo! driver education program offered during the established school year." Thus, ifthe school-sponsored activity is offered during the regular school day and is one for which academic credit is awarded, itis an integral part ofthe Stale system of free public schools. Extra-curricular aotivites are not offered during the schoo! day and academic credit is not awarded. In Maryland, these activities are truly “extra-curicula,” outside the earriulum. Tn addition, the Maryland Stato Board of Fducation, which is charged with explaining the “true intent and ‘meauing” of the Maryland ‘eae Laws, has reaffirmed on several occasions that participation in privile extra-curricular activities is provided by individual school systems in the State and not a right provided under the State Ci “itis well settled thal student participation in interscholastic athletics or other extracurricular activities is not a constitutionally protected liberty or property interestsuy 24, 2007 Page Two {citations omitted] Consistent with this prineipl, the State Hoard has held that ‘participation in extracurricular activities is a privilege, not a right’.” Kevin Lawler v, Anne Arundel County Bourd of Eduestion, Opinions of the Maryland State Board of Fdueation, No. 01-20 (May 23, 2001), Because extra-curricular activities are not integral to the education provided as part ofthe State's system of free public schools, the school system’s funding sources are not obligated to fund them and, in fact, they were ‘liminated at the middle schoo! level beginning with the 1990-1991 school year due to budget reductions: ‘As part of the fiscal year 1997 budget, the Board of Education sought to reinstate x modified interscholastie sports program for middle school students through an anaual fee which ofiSet the expense. Fees ure reduced or waived entirely to accommodate students from low income families. Fees are not charged for un uller school activity that is a part of a curricular class as, for example, an evening band or _-_-- choral concert shatis-requited part of the music clays. “Fhese provisions arc reflected in Policy TNA ard itp iementing regulations INA-RA and JNA-RF which fe available on-line at ‘http://www mops.ke12, md.us/department/policy/sect-ishitm, Following this budget action by the Board (of Education, there were some efforts to cap the amount of the fee through special, local legislation, but there has never been any question about the legality of the fee itself. While | agree with your premise thal the Board of Education's funding authorities should provide the funds to offer these valuable after-school, extra-curricular activities for young people attending the County's public schools, the reality has not matched that ideal. As a result, ihe schoo! board was faced with the prospect of eliminating or greatly curtailing these opportunities (or students or finding other ‘ways to support the wetivities und administering them as fairly as possible. Lope this provides you with some of the background and the legal undempinnings of charging a fee for this optional activity. Very truly yours, REESE & CARNEY, LLP AMG rg Oa (ith S. Bresler cor ‘Ms, Suzanne DeGraba_ Ms. Robin Confino Mr. Roland Tkheloa