LEGALITIES: High school athletes paying to play prep sports against South Dakota state constitution, activities association says.

Pay to play not an option for schools

Pay to play not an option for schools
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Pay to play is becoming more prominent throughout high school athletics nationwide, but it is something that is not likely to be seen in South Dakota public schools anytime soon.

In California, pay to play has become the norm rather than the exception as athletics went from fully funded by school districts to increasingly relying on boosters and fundraisers. Students are now asked to pay $200 to play football, $275 for volleyball and $300 for basketball.

While South Dakota has its own economic struggle, there is one big reason pay to play is not on the immediate horizon: It's not legal in the state.

"The only real documentation I have seen on the subject came from a letter by the attorney general, where he said no fees can be charged," South Dakota High School Activities Association executive director Wayne Carney said of the 1995 official opinion.

In the official response to the question of charging fees for participation in extracurricular activities, Attorney General Mark Barnett said it was noted that it could run afoul of the state constitution, as it states that "tuition shall be without charge and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education."

There is also a statute that states privileges of public schools shall be free. However, the attorney general in the 1995 ruling said that a statute could be drawn to allow certain fees, provided the constitutional restraint is not violated.

"It is not an issue that we have heard a lot about," Carney said. "At the (activities directors) meetings this year, I don't remember it being a big part of the conversation, but things have changed economically since then, so it is something we are always thinking about."

While pay to play may not be a big issue in South Dakota right now, adding more expenses to schools' athletic budgets is.

"We heard about the problems of adding another sport when the issue of adding soccer was brought up," Carney said. "Because of the economic concerns, many felt this was not a good time to be adding more."

Rapid City Central activities director Darren Paulson said pay to play is something that has been thrown around at the school from time to time, but it has never gotten very far because of the issue of legality.

Like many schools, most of the money for athletics comes out of the general fund and is supplemented through fundraisers. The pay-to-play model is something Paulson hopes the school never has to go to.

"I prefer to call it pay to participate, and that is something that can be difficult, and I do not think that we are at that point," he said.

Belle Fourche activities director Clay Anderson said that the school has been able to cover all of its athletics costs with coaches doing some fundraising for their sports for specialty items.

"The pay to play implies that you are guaranteed to play, and I think in that situation, there are a lot of kids that would not be able to participate that are on teams right now," he said.

Sturgis activities director Mike Paris said it has been more difficult to fund the athletic programs over the last few years, but he gets help from the administration and his coaches to make it happen. He believes keeping athletics free to kids is vital to success in all areas of education.

"I think that the research shows that kids in athletics are successful in the classroom, and those things work hand in hand," he said.

Transportation cost is one of the biggest areas that tests athletic budgets, especially for western South Dakota teams. Schools are constantly looking for ways to save money on that cost, and St. Thomas More, a private school, will try something new in the fall.

"We are going to go to a transportation fee up front that is used depending how many sports and traveling a student does for sports, and then any of the remaining money is refunded at the end of the school year," said More principal and head football coach Wayne Sullivan.

Because St. Thomas More is a private school, it is not subject to the same limitations when it comes to the pay-to-play options as public schools, but Sullivan said his school has been able to pay for 85 percent of its athletics budget through fundraising. The remaining money is raised through the booster club and other efforts.

"We have a no-cut policy, and it is so important to give kids the opportunity because some are early bloomers and some are late bloomers," Sullivan said. "With pay to play, some would never have the chance."

Copyright 2012 Rapid City Journal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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