1330 BP - Use Of School Facilities

Community Relations
Board Policy No. 1330
Adopted April 6, 2017

Use of School Facilities

The Governing Board believes that school facilities and grounds are a vital community resource, which should be used to foster community involvement and development.  Therefore, the Board authorizes the use of school facilities by district residents and community groups for purposes specified in the Civic Center Act to the extent that use does not interfere with school activities or other school-related uses.

School-related activities shall be given priority in the use of facilities and grounds.  Other use authorized under the Civic Center Act shall be on a first-come, first-served basis.

For the effective management and control of school facilities and grounds, the Superintendent or designee shall maintain procedures and regulations that:  (Education Code 38133)

1.  Aid, encourage, and assist groups desiring to use school facilities for approved activities

2.  Preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary

3.  Ensure that the use of school facilities or grounds is not inconsistent with their use for school purposes and does not interfere with the regular conduct of school work

Subject to prior approval by the Board, the Superintendent or designee may grant the use of school facilities or grounds on those days on which district schools are closed.  (Education Code 37220)

There shall be no advertising on school facilities and grounds except as allowed by district policy specified in Board Policy 1325 – Advertising and Promotion. 

Fees

The Board shall adopt a comprehensive schedule of fees to be charged for community use of school facilities and grounds, including, but not limited to, classrooms, multipurpose room(s), playing or athletic field(s), track and field venue(s), tennis court(s), and outdoor basketball court(s).  The schedule of fees shall be prepared in accordance with 5 CCR 14037-14041. (5 CCR 14041)

The Board shall grant the use of school facilities or grounds without charge to school-related organizations whose activities are directly related to or for the benefit of district schools. All other groups requesting the use of school facilities under the Civic Center Act shall be charged an amount not to exceed direct costs determined in accordance with 5 CCR 14037-14041.

Additionally, when any use of school facilities or grounds is for religious services, the district shall charge an amount at least equal to the district’s direct costs.  (Education Code 38134).

 In determining direct costs to be charged for community use of each, or each type of, school facility or grounds, the Superintendent or designee shall calculate, in accordance with 5 CCR 14038, the community's proportionate share of the following costs: (Education Code 38134; 5 CCR 14038-14041)

1.  Capital direct costs calculated in accordance with 5 CCR 14039, including the estimated costs of maintenance, repair, restoration, and refurbishment of non-classroom space school facilities or grounds

However, capital direct costs shall not be charged to organizations retained by the district or school to provide instruction or instructional activities to students during school hours or for classroom-based programs that operate after school hours, including, but not limited to, after-school, tutoring, and child care programs. (5 CCR 14037)

(cf. 5148 - Child Care and Development)

(cf. 5148.2 - Before/After School Programs)

2.   Operational direct costs calculated in accordance with 5 CCR 14040, including estimated costs of supplies, utilities, janitorial services, other services of district employees and/or contracted workers, and salaries and benefits paid to district employees directly associated with the administration of the Civic Center Act to operate and maintain school facilities and grounds

Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134) 

Legal Reference:

EDUCATION CODE
10900-10914.5  Community recreation programs
32282  School safety plan
37220  School holidays
38130-38138  Civic Center Act, use of school property for public purposes
BUSINESS AND PROFESSIONS CODE
25608  Alcoholic beverage on school premises
MILITARY AND VETERANS CODE
1800  Definitions
UNITED STATES CODE, TITLE 20
7905  Equal access to public school facilities
COURT DECISIONS
Good News Club v. Milford Central School,  (2001) 533 U.S. 98
Lamb's Chapel v. Center Moriches Union Free School District,  (1993) 508 U.S. 384
Cole v. Richardson, (1972) 405 U.S. 676
Connell v. Higgenbotham, (1971) 403 U.S. 207
ACLU v. Board of Education of  Los Angeles, (1961) 55 Cal .2d 167
Ellis v. Board of Education, (1945) 27 Cal.2d 322

 

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