Escondido Union ESD | BP 1330 Community Relations
Use Of School Facilities
The Board of Education 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. 1400 - Relations Between Other Governmental Agencies and the Schools)
(cf. 6145.5 - Student Organizations and Equal Access)
The superintendent or designee shall give priority to school-related activities in the use of 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)
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).
(cf. 9320 - Meetings and Notices)
The board believes that the use of school facilities or grounds should not result in an expense to the district. The superintendent or designee shall charge all groups granted the use of school facilities or grounds under the Civic Center Act an amount not exceeding direct costs determined in accordance with 5 CCR 14037-14041. (Education Code 38134).
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 direct costs. (Education Code 38134)
Groups 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. (Education Code 38134)
The Golden Hour Policy
The board believes that the use of school facilities or grounds should not result in costs to the district, but also wants to offer some support to nonprofit organizations, clubs, or associations organized to promote youth and school activities. In accordance with Education Code 31834(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire Inc., parent-teacher associations, and school-community advisory councils.
Because the board believes there is a "golden hour" of time immediately following dismissal of classes at the end of the school day when it can reasonably offer use of facilities without incurring additional direct costs, the board authorizes the use of facilities or grounds within that time frame without charge. During that golden hour, classrooms, restrooms, and lunch areas have not yet been cleaned for the day by custodial staff. During that golden hour, there are still school site staff members on the campus performing their normal duties. Therefore, the board has determined that the nonprofit groups identified above and in accordance with Education Code 31384(a) may use school facilities for meetings or activities within the golden hour at no charge, providing they do not require any additional services and providing they do not cause the district to spend any additional funds to provide the space (i.e., no additional custodial hours or services.)
Nonprofit groups identified above meeting after the golden hour, extending their meetings beyond one hour, or meeting outside the time frame set aside for the golden hour will be charged direct costs (including minimum fees as stated in the current schedule of fees) for use of the facilities.
In Escondido Union School District, the golden hour facilities use can be applied to the named group's meeting for one hour between 2:30 p.m. and 4:00 p.m. on school days. Meetings are permitted for one hour (even though the "window of opportunity" is 90 minutes) to allow some flexibility in scheduling start times.
Calculating Direct Costs
Direct costs to be charged for community use of each, or each type of, school facility or grounds shall be calculated in accordance with 5 CCR 14038 and may reflect 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
2. Operational direct costs calculated in accordance with 5 CCR 14040, including estimated costs of supplies, utilities, janitorial services, other services performed by 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 School Facility as Polling Place
The board may authorize the use of school buildings as polling places on any election day, and may also authorize the use of school buildings, without cost, for the storage of voting machines and other vote-tabulating devices. However, if a city or county elections official specifically requests the use of a school building as a polling place, the board shall allow its use for such purpose. If school will be in session, the superintendent or designee shall identify to elections officials the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places. (Elections Code 12283)
(cf. 6111 - School Calendar)
When a school is used as a polling place, the superintendent or designee shall provide the elections official a site with an adequate amount of space that will allow the precinct board to perform its duties in a manner that will not impede, interfere, or interrupt the normal process of voting and shall make a telephone line for Internet access available for use by local elections officials if so requested. He/she shall make a reasonable effort to ensure that the site is accessible to persons with disabilities. (Elections Code 12283)
The superintendent or designee shall establish procedures to ensure student safety and minimize disruptions whenever school is in session while the facilities are being used as a polling place.
(cf. 3515.2 - Disruptions)
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
12283 Polling places: schools
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 Health Communities: A School Leader's Guide to Collaboration and Community Engagement, 2009
California Department of Education: http://www.cde.ca.gov
Policy ESCONDIDO UNION SCHOOL DISTRICT
adopted: December 7, 2000 Escondido, California
revised: October 23, 2003
revised: September 15, 2005
revised: May 29, 2008
revised: September 10, 2015
revised: September 13, 2018