Irvine School Board Drops Controversial ‘No-Fail’ Rule

The school board this week ended the “no-fail” rule for extracurricular activities that had prompted a four-year legal battle between the Irvine Unified School District and a high school cheerleader.

Former Woodbridge High School cheerleader Melissa Fontes sued the district in 1990 after she was dropped from the pep squad for failing a chemistry class. She claimed the no-fail policy was unfair because it did not apply to male athletes.

In August, the state Supreme Court upheld an appellate court decision that the policy was discriminatory. The justices, however, said the ruling applied only to the Irvine Unified School District.

The school district’s new eligibility policy applies uniform regulations for all extracurricular activities. After the school board approved a first reading of the policy last month, trustees said they wanted to consider adding the no-fail rule for all extracurricular activities.

But interim Supt. Dean Waldfogel argued against the no-fail provision Tuesday night, saying it would encourage athletes to “play the system” by taking easier classes.

The school board unanimously approved the second reading of the policy, which also lowers the 2.5 grade-point average that was required of cheerleaders to the same 2.0 average required of athletes.

School board member Mary Ellen Hadley asked Waldfogel to find out how many failing grades are received by students in the district. But Hadley said she has no intention of trying to reinstate the no-fail rule. “I just think that’s something we ought to know,” she said.