Policy – x
Adopted – 7/25/1998
Revised – 8/24/2017
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 or at a reduced charge by 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. The Superintendent or his/her designee may develop and enforce administrative regulations or guidelines setting forth criteria for determining the amount of facility fee reduction based upon but not limited to the following: the amount of square footage utilized, the cost to the District of reducing or waiving the facility use fee, the exclusivity of the use of the facility, the dates, times and length of the requested usage and/or conflict with District usage or usage by other non-profit or for-profit groups. The Board of Education reserves the right to reduce or waive facility use fees as deemed appropriate and/or necessary. 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 any alcoholic beverages and 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.
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
CDE LEGAL ADVISORIES
1101.89 School District Liability and “Hold Harmless” Agreements, LO: 4-89