Regulation – x
Adopted – 7/16/1998
Revised – 8/24/2017
Facility Use Under the Civic Center Act
Subject to Ed. Code 38130 and District policies and regulations, school facilities and grounds shall be available to citizens and community groups for use as a civic center for the following purposes:
1. Public, literary, scientific, recreational, educational or public agency meetings
2. The discussion of matters of general or public interest
3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization
4. Child care programs to provide supervision and activities for children of preschool and elementary school age
5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies
6. Supervised recreational activities including, but not limited to, sports league activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination
7. A community youth center
8. Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare
9. Other purposes deemed appropriate by the Governing Board
Helium-filled balloons are not permitted for any purpose within Pacific Grove Unified School District, including all school and non-school related events.
School facilities shall not be used for any of the following activities:
1. Any use by an individual or group for the commission of any crime or any act prohibited by law
2. Any use of school facilities or grounds which is inconsistent with their use for school purposes or which interferes with the regular conduct of school or school work
3. Any use which is discriminatory in the legal sense
4. Any use which involves the possession, consumption or sale of tobacco products including, but not limited to, electronic delivery systems with any substance, alcoholic beverages or any restricted substances on school property
Conditions of Use
Use of school facilities by non-school or non-District groups is normally limited to the hours of approximately 4:00 p.m. to 10:00 p.m., Monday through Fridays, during days when school is in regular session. School kitchens are available for use after 1:30 p.m. during the regular school week.
Tennis courts, athletic and play fields, except for the high school stadium field, may have casual, non-organized use by the public, without reservation, on a first come, first served basis when not being used for school purposes. All non-District organized athletic activities must have prior written authorization from the District through use of the Facility Use Request process.
For the purposes of this section an “organized athletic activity” is one that involves individuals or teams that are primarily present to participate in a sporting event that is being conducted in accordance with rules and regulations normally associated with such events.
Damage and Liability (EC 38134)
Groups or persons using school facilities shall be liable for any property damages caused by the activity. The Board may charge the amount necessary to repair the damages and may deny the group further use of school facilities.
Any group using school facilities shall be liable for any injuries resulting from its negligence during such use. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk.
Groups other than those that promote youth and school activities shall be required to include the District as additional insured on their liability policies.
The Superintendent or designee may require a hold harmless agreement when warranted by the type of activity or the specific facility being used.
Application for Use of Facilities (EC 38133)
The Superintendent or designee shall maintain application procedures and regulations for the use of school facilities which: (Education Code 38133)
1. 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. If necessary, a person may be designated to supervise this task.
3. Ensure that the use of facilities or grounds is not inconsistent with the use of the school facilities or grounds for school purposes and does not interfere with the regular conduct of school work.
Any persons applying for the use of school property on behalf of any society, group or organization shall present written authorization from the group to make the application.
Persons or organizations applying for the use of school facilities shall submit a statement of information indicating that the organization upholds the state and federal constitutions and does not intend to use school premises to commit unlawful acts.
Facilities Use Fees
1. Category 1: Except as otherwise described below, the Superintendent or authorized designee shall have the discretion to reduce the charge applied to non-profit organizations, clubs, or associations organized to promote youth and school activities. These groups include, but are not limited to scouting organizations, Parent Teachers’ Associations and school-community advisory groups. In making the decision to reduce the facility fee, the Superintendent or his/her designee shall consider the amount of square footage requested, the cost to the District of reducing the facility use fee, the exclusivity of the use of the facility, the dates, times, and duration of the requested usage.
2. Category 2:Direct costs shall be applied to groups using school facilities not covered in Category 1 (above), except as noted in Category 3 (below). See Exhibit 1330 for current fees.
3. Category 3: Fair rental value shall be applied to groups using school facilities 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’ students.
4. All categories of users shall be responsible for paying for the cost of repairing or replacing facilities damaged by their use of the facility.
5. A damage deposit of $1,000 is required for use of the Middle School Auditorium (aka, Performing Arts Center) unless waived by the Superintendent or designee. All categories of users are required to pay this damage deposit.
6. If the District determines at its discretion that a District employee needs to be present when school facilities are being used (such as a food service employee or audiovisual technician), all categories of users shall be required to pay that employee at the current hourly rate determined by the District.
7. In all cases, the Board of Education reserves the right to reduce or waive the facility use fees as deemed appropriate and/or necessary.