The Governing Board of the Alhambra Unified School District recognizes that district facilities and grounds are a community resource and authorizes the Superintendent, or designee, to determine their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities.
(cf. 6145.5 - Student Organizations and Equal Access)
All school-related activities shall be given priority in the use of school facilities and grounds under the Civic Center Act. Thereafter, the use shall be on a first-come, first-served basis.
The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133)
1. Encourage and assist groups desiring to use school facilities or grounds for approved activities;
2. Preserve order and protect school facilities and grounds, designating a person to supervise this task, if necessary; and
(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.
Fees
The Board believes that the use of school facilities or grounds should not result in costs to the district.
The Board shall grant the use of school facilities or grounds without charge to school or school-related organizations whose activities are directly related to or for the benefit of district schools and/or students.
Use without charge may also be granted to associations or clubs organized to promote youth and school activities. These groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teacher associations, and school-community advisory councils. 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.
All other groups or organizations requesting the use of school facilities or grounds under the Civic Center Act shall be charged at least direct costs. When a group or organization's activity necessitates the assignment of personnel, labor fees shall be charged in addition to the direct costs.
Groups or organizations 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.
When a group or organization subject to fair rental value charges has an activity that requires the assignment of personnel, labor fees shall be charged in addition to the fair rental value. (Education Code 38134)
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.
Possessory Interest
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.
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
ATTORNEY GENERAL OPINIONS
82 Ops.Cal.Atty.Gen. 90 (1999)
79 Ops.Cal.Atty.Gen. 248 (1996)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
1101.89 School District Liability and "Hold Harmless" Agreements, LO: 4-89
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
Policy ALHAMBRA UNIFIED SCHOOL DISTRICT
adopted: September 9, 1997 Alhambra, California
revised: February 22, 2005
revised: September 29, 2009