The Tuolumne County Superintendent of Schools Office 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 County Office activities.
(cf. 6145.5 - Student Organizations and Equal Access)
All program 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 Tuolumne County Superintendent of Schools or designee shall maintain procedures and regulations for the use of County Office facilities and grounds that: (Education Code 38133)
1. Aid, encourage, and assist groups desiring to use County Office facilities for approved activities
2. Preserve order in County Office buildings and on County Office grounds and protect County Office 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 County Office facilities or grounds is not inconsistent with their use for County Office purposes and does not interfere with the regular conduct of County Office work
Fees
The Board authorizes the use of County Office facilities or grounds without charge by nonprofit organizations, clubs, or associations organized to promote youth and school/program site 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/program site-community advisory councils. Other groups, including nonprofit groups not organized to promote youth and school/program site activities or for-profit groups that request the use of County Office facilities under the Civic Center Act, shall be charged at least direct costs.
The Board shall grant the use of County Office facilities or grounds without charge to program-related organizations whose activities are directly related to or for the benefit of County programs. Other groups requesting the use of County Office facilities under the Civic Center Act shall be charged at least direct costs.
Groups shall be charged fair rental value when using County Office 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 County Office 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
Policy TUOLUMNE COUNTY SUPERINTENDENT OF SCHOOLS
adopted: May 30, 2008 Sonora, California