1330 – Community Relations – Public Activities Involving Staff, Students and School Facilities – Use of School Facilities

Policy – x
Regulation –
Exhibit –

Adopted – 7/25/1998
Revised – 5-7-2015
USE OF SCHOOL FACILITIES UNDER THE CIVIC CENTER ACT

The Governing Board recognizes that District facilities are a community resource whose primary purpose is to be used for school programs and activities. The Board authorizes the use of school facilities by parent and community groups for purposes provided for in California Ed. Code 38130, also known as the Civic Center Act when such use does not interfere with school activities.

All school-related activities (clubs, class events etc.) shall be given priority in the use of facilities under the Civic Center Act. The exception is when the school kitchens are in use during the school week from 9:30 a.m. to 1:30 p.m. for deliveries, food preparation, cooking, serving and clean-up by food service staff. Thereafter, the use of facilities shall be on a first-come, first-served basis.

The Board believes that school facilities provide an important link between the District and community. The Board authorizes the use of school facilities without charge by to nonprofit organizations, and clubs or associations organized to promote youth and school activities. These groups include, but are not limited to scouting organizations, Parent-Teachers’ Association, School-community advisory groups. Other groups requesting the use of school facilities under the Civic Center Act shall be charged a rate necessary to cover direct costs (see Exhibit #1330). Exceptions are those 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. Such groups shall be charged fair rental value (see Exhibit #1330) when using school facilities or grounds for entertainment or meetings.

The consumption and distribution of all tobacco products including all e-cigarettes and nicotine delivery devices are prohibited on District property and facilities. Tobacco products, e-cigarettes and any other nicotine delivery devices shall not be consumed or distributed for any school sponsored activity or event, both on or off school district property.

Legal Reference:
EDUCATION CODE
10900-10914.5 Community Recreation Programs
38130-38139 Civic Center Act: use of school property for public purposes
79 Ops.Cal.Atty.Gen 248 (1996)
ACLU of So. Calif. v. Board of Education of Los Angeles,(1961) 55 Cal .2d 167
ACLU of So. Calif. v. Board of Education of San Diego, (1961) 55 Cal .2d 906
ACLU of So. Calif. v. Board of Education of Los Angeles, (1963) 59 Cal .2d 203
ACLU of So. Calif. v. Board of Education of San Diego, (1963) 59 Cal .2d 224
Connell v. Higgenbotham, (1971) 403 U.S. 207, 91 S.Ct. 1772
Cole v. Richardson, (1972) 405 U.S. 676, 92 S.Ct. 1332
Lamb’s Chapel v. Center Moriches Union Free School District (1993) 113 S.Ct. 2141

Management Resources:
CDE LEGAL ADVISORIES
1101.89 School District Liability and “Hold Harmless” Agreements, LO: 4-89

Legal Reference:
EDUCATION CODE
10900-10914.5 Community Recreation Programs
38130-38139 Civic Center Act: use of school property for public purposes
79 Ops.Cal.Atty.Gen 248 (1996)
ACLU of So. Calif. v. Board of Education of Los Angeles,(1961) 55 Cal .2d 167
ACLU of So. Calif. v. Board of Education of San Diego, (1961) 55 Cal .2d 906
ACLU of So. Calif. v. Board of Education of Los Angeles, (1963) 59 Cal .2d 203
ACLU of So. Calif. v. Board of Education of San Diego, (1963) 59 Cal .2d 224
Connell v. Higgenbotham, (1971) 403 U.S. 207, 91 S.Ct. 1772
Cole v. Richardson, (1972) 405 U.S. 676, 92 S.Ct. 1332
Lamb’s Chapel v. Center Moriches Union Free School District (1993) 113 S.Ct. 2141

Management Resources:
CDE LEGAL ADVISORIES
1101.89 School District Liability and “Hold Harmless” Agreements, LO: 4-89
CSBA Date –

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