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Viewing Policy: BP 1330 – Use of School and County Facilities



BP 1330

Community Relations

 

 

Use of School and County Facilities

 

The San Benito County Board of Education (County Board) believes that school and county facilities and grounds are a vital community resource which should be used to foster community involvement and development.  Therefore, the County Board authorizes the use of school and county 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 or county activities or other school-related uses.

 

The Superintendent or designee shall give priority to school or county-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 and county 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 or county facilities for approved activities

 

  1. Preserve order in school or county facilities and on school grounds and protect school and county facilities, designating a person to supervise this task, if necessary

 

  1. Ensure that the use of school or county facilities or grounds is not inconsistent with their use for school or county purposes and does not interfere with the regular conduct of       school work

 

Subject to prior approval by the County Board, the Superintendent or designee may grant the use of school facilities or grounds on those days on which county schools are closed.  (Education Code 37220)

 

There shall be no advertising on school or county facilities and grounds except as allowed by county policy specified in BP 1325 – Advertising and Promotion.

 

As necessary to ensure efficient use of school and county facilities, the Superintendent or designee may, with the County Board’s approval, enter into an agreement for the joint use of any school or county facilities or grounds.  The County Board shall approve any such agreement only if it determines that it is in the best interest of the school and the community.

 

Fees

 

The County Board shall adopt a comprehensive schedule of fees to be charged for community use of school and county facilities and grounds, including, but not limited to, the multipurpose room(s) and classroom(s). The schedule of fees shall be prepared in accordance with 5 CCR 14037-14041.  (5 CCR 14041)

 

 

 

 

 

The County Board shall grant the use of school and county facilities or grounds without charge to school-related organizations whose activities are directly related to or for the benefit of county school programs.  All other groups requesting the use of school or county facilities under the Civic Center Act shall be charged an amount not exceeding direct costs determined in accordance with 5 CCR 14037-14041.

 

In determining direct costs to be charged for community use of each, or each type of, school or county 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 county       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)

 

  1. Operational direct costs calculated in accordance with 5 CCR 14040, including estimated costs of supplies, utilities, janitorial services, other services of county employees and/or       contracted workers, and salaries and benefits paid to county 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)

 

Groups shall be charged fair rental value when using school and county 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 students.  (Education Code 38134)

 

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)

 

 

 

 

 

 

 

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

GOVERNMENT CODE

54950-54963  The Ralph M. Brown Act

MILITARY AND VETERANS CODE

1800  Definitions

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

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)

 

 

 

 

Policy Adopted: 5-11-17