The County Board recognizes that LACOE 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.
All LACOE-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 consistent with their use for school purposes and does not interfere with the regular conduct of school work
Direct costs to all community groups
The County Board believes that the use of LACOE facilities or grounds should not result in an expense to LACOE. The County Superintendent shall charge direct costs to all groups granted facility use under the Civic Center Act.
No charge to school-related organizations
The County Superintendent or designee shall grant the use of school LACOE facilities or grounds without charge to school-related organizations whose activities are directly related to or for the benefit of LACOE schools. Other groups requesting the use of school facilities under the Civic Center Act shall be charged direct costs. Any event that causes support staff overtime will be charged to user per conference room fee schedule.
Groups shall be charged fair rental value when using LACOE 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 LACOE's students. (Education Code 38134)
Use of facilities such as the Board Room and conference rooms in LACOE administrative facilities shall be limited to meetings and conferences sponsored or conducted by LACOE, except as specified in administrative regulations.
Facilities provided for the convenience and recreation of the staff, i.e., the employee lounges, cafeteria, and patio, are intended for the use of all employees; the use of such facilities for meetings or conferences, or for social activities, shall be permitted only with the advance written approval of the Superintendent or designee.
LACOE administrative facilities shall be primarily for the use of LACOE and its staff. Requests from other organizations to use these facilities shall be considered on a need and availability basis and shall require the written approval of the Superintendent or designee.
The Superintendent will establish regulations regarding the public use of instructional facilities.
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 LOS ANGELES COUNTY OFFICE OF EDUCATION
adopted: October 16, 2018 Downey, California