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Lafayette SD |  BP  1330  Community Relations

Use Of School Facilities   

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

(cf. 6145.5 - Student Organizations and Equal Access)

The Superintendent or designee shall give priority to school-related activities in the use of school facilities and grounds.

Priorities for Use

The Board desires to support educational and athletic activities for school age children. The Board is also acutely aware of the shortage of available playing fields and district facilities in Lafayette. The increasing demand for use of district facilities and fields to accommodate the growing number of children participating in educational and athletic activities exceeds their availability in many instances. Facilities and field use permits will be approved in accordance with the following priorities, listed from first to last:

1. School and district-sponsored programs and activities such as school athletic programs, student body activities, and staff development activities

2. Events and activities for students and youth that are planned and directed by partner organizations, such as PTAs, Parent Clubs, Parent-Faculty Clubs and LPIE (Lafayette Partners in Education), City of Lafayette and other government agencies, excluding programs and activities for which fees are charged, contributions solicited, or instructors paid to provide services

3. Educational activities that are consistent with the mission, goals and educational standards of the district. Community youth activities, educational activities and athletic programs serving Lafayette residents age 14 or under with an open enrollment policy, non-profit status, primarily volunteer staff and minimal fees for participation. Within this category, organizations with 80% or more Lafayette residents will be given highest priority

4. Athletic programs and other nonprofit organizations in which salaries are paid to staff, or fees, charges, tuition, or donations are solicited from those in attendance or enrollment is competitive where a significant number of participants are Lafayette residents age 14 or under

5. Other community youth activities, educational activities and athletic programs that serve youth age 14 and under

6. Other community youth activities, educational activities and athletic programs that serve youth age 15 - 18

7. Civic activities and meetings sponsored by the City of Lafayette and non-profit civic, service, and educational groups

8. Business and commercial uses, and uses by nonprofit or other organizations in which salaries are paid to staff, or fees, charges, tuition, or donations are solicited from those in attendance

9. Organizations wishing to rent facilities for lawful private use, subject to the sole discretion of the superintendent and/or the Board

For the effective management and control of school 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 facilities for approved activities

2. Preserve order in school facilities 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

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

(cf. 6115 - Ceremonies and Observances)

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

(cf. 1325 - Advertising and Promotion)

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

(cf. 1330.1 - Joint Use Agreements)

Fees

Facilities Use Availability and Rental Charges

1. Availability for Use

School facilities are available for use during regular operational hours, outside the regular school day, when school custodial or supervisory personnel are on duty. At other times, school facilities may be deemed available for use if the user pays to the district the employee compensation cost for the district employee assigned to monitor the facility during the use period. This payment shall be in addition to the facilities use rental charge specified below.

2. Facilities Use Rental Charges

The superintendent or his designee pursuant to this policy may schedule available facilities for use. "Block" use of facilities for a specified period such as a one-week camp, may be negotiated and approved by the superintendent. Such use will be finalized by an agreed upon contract and approved by the Governing Board.

Please see district website for fee schedule

The Board believes that the use of school facilities or grounds should not result in costs to the district. The Superintendent or designee shall charge all groups granted the use of school facilities or grounds under the Civic Center Act an amount not exceeding direct costs determined in accordance with 5 CCR 14037-14041. (Education Code 38134)

Additionally, when any use of school facilities or grounds is for religious services, the district shall charge an amount at least equal to the district's direct costs. (Education Code 38134)

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

(cf. 5148 - Child Care and Development)

(cf. 5148.2 - Before/After School Programs)

2. Operational direct costs calculated in accordance with 5 CCR 14040, including estimated costs of supplies, utilities, janitorial services, other services of district employees and/or contracted workers, and salaries and benefits paid to district employees directly associated with the administration of the Civic Center Act to operate and maintain school facilities and grounds

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)

Management Resources:

CSBA PUBLICATIONS

Maximizing Opportunities for Physical Activity Through Joint Use of Facilities, Policy Brief, February 2010

Building Healthy Communities: A School Leader's Guide to Collaboration and Community Engagement, 2009

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Policy LAFAYETTE SCHOOL DISTRICT

adopted: January 11, 2017 Lafayette, California