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Tamalpais Union HSD |  BP  1330  Community Relations

Use Of School Facilities   

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The Board of Trustees 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 community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities.

Authority

California law permits the Board of a school district to grant the use of school buildings or grounds for public use.

The Board may also establish such terms and conditions of usage as it deems proper, subject to the limitations, requirements and restrictions set forth in the Education Code of the State of California.

The Board has the authority to levy and adjust fees.

Use of school property shall be under supervision of the Superintendent or designee.

Fees for Use of School Facilities

Fees for the use of school facilities and grounds shall be charged in accordance with the following classifications.

1. Free Use: The Board shall grant the use of school facilities and grounds without charge to school related organizations (e.g., booster club, P.T.A., P.T.S.A.) whose activities are directly related to or for the benefit of district schools

2. Fair Rental Value. The Board shall charge users 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.

a. Fair rental value includes direct costs plus the amortized costs of the facilities or grounds used for the duration of the activity. (Education Code 38134(h).)

3. Direct Costs. Except as provided above, the Board shall charge "direct costs" for use of school facilities and grounds. "Direct costs" means those costs of supplies, utilities, janitorial services, services of any other district employees and salaries-paid school district employees necessitated by the organization's use of the school facilities and grounds of the district. (Education Code 38134(g).)

The following activities shall be charged direct costs:

a. Services conducted by religious groups, e.g., Christian Youth Organizations, Youth Soccer Leagues.

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

c. Events sponsored by religious or community groups, except those that qualify for free use.

d. Public agencies: In lieu of direct costs, the district may enter into a written joint-powers agreement with local public agencies.

e. Activities not previously identified that do not fall within the free-use or fair-rental value classifications or which are included here through subsequent Board action.

Those users who operate an ongoing program in district facilities may have partial fee credits waived to the extent that they provide services that offset a defined district expense contained in the fee. In those cases where use of the facility does not entail increased cost to the district, the fee may be adjusted by the principal or designee after authorization from the Superintendent or designee.

Legal Reference:

EDUCATION CODE

10900-10914.5 Community recreation programs

32282 School safety plan

38130-38138 Civic Center Act: use of school property for public purposes

BUSINESS AND PROFESSIONS CODE

25608 Alcoholic beverage on school premises

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 of So. Calif. 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.AttyGen. 90 (1999)

79 Ops.Cal.Atty.Gen. 248 (1996)

Management Resources:

CDE LEGAL ADVISORIES

1101.89 School District Liability and "Hold Harmless" Agreements, LO: 4-89

Policy TAMALPAIS UNION HIGH SCHOOL DISTRICT

adopted: November 10, 1992 Larkspur, California

revised: November 23, 1999

revised: June 10, 2003

revised: September 14, 2004