Alhambra USD | BP 1330 Community Relations
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 such use does not interfere with school activities or other school-related uses.
(cf. 6145.5 - Student Organizations and Equal Access)
The Superintendent or designee shall give priority to school-related activities in the use of school facilities and grounds. Other uses 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 facilities and on school grounds and protect school facilities, designating a person to supervise this task, if necessary
(cf. 0450 - Comprehensive School Safety Plan)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
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)
(cf. 6115 - Ceremonies and Observances)
There shall be no advertising on school facilities and grounds except as allowed by district policy specified in BP 1325 - Advertising and Promotion.
(cf. 1325 - Advertising and Promotion)
As necessary to ensure efficient use of school facilities, the Superintendent or designee may, with the Board's approval, enter into an agreement for the joint use of any school facilities or grounds. The Board shall approve any such agreement only if it determines that it is in the best interest of the district and the community.
(cf. 1330.1 - Joint Use Agreements)
The Board believes that the use of school facilities or grounds should not result in costs to the district.
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, the 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)
Failure on the part of any group or organization to pay the required fees pursuant to this policy shall result in the immediate cancellation of any Permit for facility or grounds use in affect at that time. Until such time as the group or organization has paid their total indebtedness to the district, future requests for use of facilities or grounds shall be denied.
(cf. 9320 - Meetings and Notices)
Group I - Free Use
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 and/or students. However, should the use of school facilities or grounds by any of these groups or organizations necessitate the assignment of personnel, labor fees shall be charged.
The Board may grant the use of school facilities or grounds without charge to associations or clubs organized to promote youth and school activities. Such groups include but are not limited to Girl Scouts, Boy Scouts, Camp Fire USA, YMCA, parent-teacher associations, and district approved school-connected booster groups. However, should the use of school facilities or grounds by any of these groups or organizations necessitate the assignment of personnel, labor fees shall be charged.
Group II - Direct Costs
Groups requesting the use of school facilities that are not eligible for free use shall be charged at least the district's direct costs. Additionally, should the use of school facilities or grounds by any of these groups or organizations necessitate the assignment of personnel, labor fees shall be charged. The following shall be charged direct costs:
1. Nonprofit organizations, clubs, or associations whose events include at least 50% active participation by district students or community members.
2. Charitable fund-raising activities if the events include at least 50% active participation by district students or community members.
3. Events sponsored by non-profit religious or community organizations whose events include at least 50% active participation by district students or community members.
4. Public agencies (in lieu of direct costs, the district may enter into a written agreement with local public agencies).
Group III - Fair Rental Value
Groups shall be charged fair rental value when using school facilities or grounds for entertainment, non-youth related activities or meetings where admission is charged or contributions solicited and net receipts are not be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134) This applies to any group not eligible for free or direct cost use above. Additionally, should the use of school facilities or grounds by any of these groups or organizations necessitate the assignment of personnel, labor fees shall be charged.
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 operational direct costs. (Education Code 38134)
Calculation of Direct Costs
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
Direct cost fees shall not be discounted to any group or organization except when the discount is specifically authorized in the adopted fee schedule. (5 CCR 14041)
Expending Funds Collected as Capital Direct Costs
Any funds collected as capital direct costs shall be deposited into a special fund to be used only for capital maintenance, repair, restoration, and refurbishment of school facilities and grounds. (5 CCR 14042)
Use of property belonging to the district may create a possessory interest subject to property taxation pursuant to Section 107 of the California Revenue and Taxation Code. This will be determined by the Los Angeles County Assessor's Office, and not the district. Permit holders shall be responsible for payment of any possessory interest tax.
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
54950-54963 The Ralph M. Brown Act
MILITARY AND VETERANS CODE
CODE OF REGULATIONS, TITLE 5
14037-14042 Proportionate direct costs for use of school facilities and grounds
UNITED STATES CODE, TITLE 20
7905 Equal access to public school facilities
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
ATTORNEY GENERAL OPINIONS
82 Ops.Cal.Atty.Gen. 90 (1999)
79 Ops.Cal.Atty.Gen. 248 (1996)
Maximizing Opportunities for Physical Activity Through Joint Use of Facilities, Policy Brief, February 2010
Building Healthy Communities: A School Leader's Guide to Collaboration and Community Engagement, 2009
California Department of Education: http://www.cde.ca.gov
Policy ALHAMBRA UNIFIED SCHOOL DISTRICT
adopted: September 9, 1997 Alhambra, California
revised: October 27, 2015