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Novato USD |  BP  1330  Community Relations

Use Of School Facilities   

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The Board of Education recognizes that district facilities and grounds are a community resource and authorizes their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities. No use of school facilities by community members shall occur during the regular school day.

(cf. 6145.5 Student Organizations and Equal Access)

All school-related activities shall be given priority in the use of facilities and grounds under the Civic Center Act. Thereafter, a system of priorities is established to prevent conflict between groups wishing to use the same school facility at the same time. The Superintendent or designated representative shall make the final determination according to this system of priorities:

Priority 1

Activities and programs of the district directly related to the instructional and education program of the district, including district administered Adult Education, school teams and clubs, CIF sponsored athletic events and other school groups.

Priority 2

Events or activities designed to serve the youth and citizens of the district, which are planned and directed by school-attached groups, including the parent-teacher association, booster's organizations, school activities governing bodies (MCAL) and Novato Foundation for Public Education.

Priority 3

Use by the Novato Park and Recreation Department as defined by the Reciprocal Use Agreement with the City of Novato.

Priority 4

Use by non-profit community-based organizations whose primary purpose is service to district youth. If donations are solicited, admission is charged or a participant fee is collected, the proceeds are to be expended for the welfare of the students of the district, for charitable purposes, or for support of the local organization.

Priority 5

Use by groups who do not qualify under the provisions of the Civic Center Act, but to whom the district may make facilities available on a fair rental basis.

The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133)

1. Aid, encourage, and assist groups desiring to use school facilities for approved activities.

2. Preserve order in school buildings 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.

Fees

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. Other groups requesting the use of school facilities under the Civic Center Act shall be charged at least direct costs.

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 to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134)

Free Use

These groups include, but are not limited to parent-teacher associations, school site leadership teams, booster organizations, school activities governing bodies (MCAL) and School Fuel (priority groups 1 and 2).

Direct Costs

The following activities shall be charged direct costs:

1. Nonprofit organizations, clubs, or associations organized to promote youth activities.

2. Charitable fund-raising activities which are not beneficial to youth or public school activities of the district, as determined by the Superintendent or designee.

3. Events sponsored by nonprofit religious or community organizations.

4. Public agencies (in lieu of direct costs, the district may enter into a written agreement with local public agencies).

Fair Rental Value

All other groups not listed above.

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 NOVATO UNIFIED SCHOOL DISTRICT

adopted: September 16, 2003 Novato, California

revised: October 21, 2008