IRVINE : Schools End No-Fail Rule for Cheerleaders

The Irvine Unified School District has closed the final chapter in the case of Melissa Fontes, the former Woodbridge High School cheerleader who sued the district four years ago after she was dropped from the pep squad for failing a chemistry class.

Responding to an August state Supreme Court decision, the school board Tuesday ended its no-fail policy, which was found to be discriminatory by the court because it did not apply to athletes. The policy required cheerleaders to pass all courses, or be barred from the squad.

The school board approved the first reading of an extracurricular eligibility policy that for the first time creates uniform academic requirements for all high school students.

Fontes had argued that her dismissal was unfair, because athletes were not held to the same no-fail rule and cheerleaders were required to earn a higher grade point average.

The state Supreme Court upheld an appellate court decision that the policy was discriminatory, but the justices withdrew the ruling as a precedent. The court decision applies only to the Irvine school district.

Uniform guidelines adopted by the school board Tuesday night also lower the 2.5 grade-point average that was required of cheerleaders to the same 2.0 average required of athletes. Attorneys for the school district had argued that cheerleaders should be held to higher standards because they served as goodwill ambassadors for the district.

Trustees condemned the court ruling Tuesday night for taking away their decision-making powers.

“We either go to jail or we agree to what they said,” said school board President Mike Regele. “I think that’s wrong.”

School board members will consider re-establishing the no-fail rule for all extracurricular activities at their next meeting on Nov. 15.