NEW HAVEN UNIFIED SCHOOL DISTRICT
Board Policy #C-1330


USE OF FACILITIES

 

The Governing Board 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.

 

(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, 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.   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:

 

LEVEL 1: (Direct costs to all community groups)

 

The Board believes that the use of school facilities or grounds should not result in costs to the district. The Board shall charge at least direct costs to all groups granted facility use under the Civic Center Act.

 

LEVEL 2: (No charge to nonprofit youth- and school-oriented organizations)

 

The Board authorizes the use of school facilities or grounds without charge by nonprofit organizations, clubs, or associations organized to promote youth and school activities. In accordance with Education Code 38134(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teacher associations, and school-community advisory councils. Other groups, including nonprofit groups not organized to promote youth and school activities or for-profit groups that request the use of school facilities under the Civic Center Act, shall be charged at least direct costs.

 

LEVEL 3: (No charge to school-related organizations)

 

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 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)

 

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

 

 

First Reading

February 3, 1981
February 9, 1993
November 18, 2003

February 5, 2008



Second Reading

April 7, 1981
February 23, 1993
December 16, 2003

February 19, 2008