Civic Center Use
The Board of Trustees shall make school facilities and grounds under its jurisdiction available as a civic center to citizens and community groups for the following purposes, subject to district policies and regulations:
1. Public, literary, scientific, recreational, educational, or public agency meetings.
2. The discussion of matters of general or public interest.
3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of services.
4. Childcare programs to provide supervision and activities for children of preschool and elementary school age.
5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies.
6. Supervised recreational activities.
7. Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The Board shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, and shall cooperate in furnishing and maintaining such services as it deems necessary to meet community needs. (Education Code 40041.5)
8. Other purposes deemed appropriate by the Board.
Restrictions
The Board shall not grant the use of school facilities for any of the following activities:
1. Any use by an individual or group for the commission of any crime or any act prohibited by law.
2. Any use of school facilities or grounds which is inconsistent with their use for school purposes or which interferes with the regular conduct of school or school work.
3. Any use which is discriminatory in the legal sense.
4. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances including tobacco on school property.
The School Board prohibits the use of products containing tobacco and/or nicotine, including, but not limited to, smokeless tobacco, snuff, chew, clove cigarettes, and electronic nicotine delivery systems, such as electronic cigarettes, electronic hookahs, and other vapor emitting devices, with or without nicotine content, that mimic the use of tobacco products any time, in charter school or school district-owned or leased buildings, on school or district property, and in school or district vehicles. However, this section does not prohibit the use or possession of prescription products, or other cessation aides such as nicotine patches or nicotine gum. Student use or possession of such products must conform to laws governing student use and possession of medications on school property.
Philosophy
The Gates Foss Community Center (Center) is a community facility and our goal is to allow a variety of community groups, organizations and individuals the ability to utilize the facility in conjunction with our school. The Center will be reserved for school use at specific times and will be made available for non-school use at other times. The goal of this policy is to assist community groups without hindering the educational program or affecting the fiscal integrity of the district.
Categories and Priorities of User Groups
The following categories establish the basis for priority of use and the basis for charges and fees:
1. School Sponsored Organizations: No Charge
a. School district activities and programs directly related to the educational and athletic program have first priority.
b. Organizations sponsored by the district have second priority.
Examples would include Student Body Organizations, PTA, School Site Council, School Sports League, etc.
2. Youth Organizations Rate: Fees Assessed Per Fee Schedule
a. Activities or events designed to serve the youth of Los Olivos School and/or valley-wide youth shall have third priority.
Examples would include youth sports leagues, 4-H, Girl Scouts, and other activities involving Los Olivos School Youth.
3. Non-Profit/Community Rate: Fees assessed per fee schedule
a. Activities designed to serve the adults of the district shall be the fourth priority.
Examples would include senior citizen groups, civic and social groups or performance groups catering to older audiences.
b. Activities sponsored by nonprofit groups which are not used for the direct benefit of children of the district or a recognized charity shall have fifth priority.
4. Commercial Rate: Fees assessed per fee schedule
a. Groups and individuals shall have sixth priority and be charged fair rental ("commercial") value when using school facilities or grounds events, entertainment, or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable (not-for-profit) purposes or for the welfare of the district's students, or the benefit of Santa Ynez Valley's youth. (Education Code 38134)
Damage and Liability
Groups or persons using school facilities under the provisions of this policy shall be liable for any property damage caused by the activity. The Board shall charge the amount necessary to repair the damage and may deny the group further use of school facilities. (Education Code 40043).
Any group using school facilities shall be liable for any injuries resulting from its negligence during such use. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk.
Groups other than those that promote youth and school activities shall be required to include the district as additional insured on their liability policies.
Application for Use of Facilities
The Superintendent/Principal/Athletic Director/Facility Coordinator shall maintain application procedures and regulations for the use of school facilities. Regulations shall include, but not be limited to:
1. Providing encouragement and assistance for any of the activities listed above.
2. Preserving order in school buildings and on school grounds, and protecting school facilities. If necessary, a person may be designated to supervise this task.
3. Ensuring that the use of facilities or grounds under this policy is not inconsistent with the use of the school facilities or grounds for school purposes and does not interfere with the regular conduct of school work.
A copy of the Board policy and administrative regulation governing use of school facilities shall be issued to all persons or groups requesting use of district facilities or grounds.
Any person applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group. Unless he/she is an officer of the group, the applicant shall present written authorization from the group to make the application.
Persons or organizations applying for the use of school facilities also shall submit a statement of information indicating that the organization upholds the state and federal constitutions. (E 1330)
All persons or organizations applying for the use of school facilities shall complete a hold harmless agreement with the district. (E 1330)
(cf. 6145.5 - Organizations/Associations)
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:
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 LOS OLIVOS SCHOOL DISTRICT
adopted: November 8, 2004 Los Olivos, California
revised: April 8, 2013
revised: December 9, 2013