topleft CSBA.org >  Services >  Governance Technology > 

Tuolumne COE |  BP  1330  Community Relations

Use Of County Office Facilities   

arrow Previous bar Next arrow

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