BILL NUMBER: AB 2740 CHAPTERED 09/06/06 CHAPTER 205 FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2006 APPROVED BY GOVERNOR SEPTEMBER 6, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE JUNE 26, 2006 AMENDED IN ASSEMBLY MAY 1, 2006 INTRODUCED BY Assembly Member La Malfa FEBRUARY 24, 2006 An act to amend Sections 37220 and 38131 of the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGEST AB 2740, La Malfa School facilities: usage on Veterans Day. Existing law requires that the public schools close on specified holidays, including Veterans Day, to be observed on November 11, except as specified. Existing law authorizes the governing board of a school district, by adoption of a resolution, to revise the date upon which the schools of the district close in observance of any of those specified holidays, except Veterans Day. Existing law prohibits the governing board of a school district from requesting a waiver of the requirement to close on Veterans Day from the State Board of Education. This bill would provide that those provisions do not prohibit a school district from authorizing its facilities or grounds to be used in accordance with a specified provision on those days on which the public schools are closed. Existing law permits specified citizens, organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts to engage in supervised recreational activities or to meet and discuss, from time to time, as they may desire, any subjects and questions which in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the applicable communities, at a civic center located at a public school facility or grounds. Existing law authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions of the applicable law, for specified purposes. Existing law vests the management, direction, and control of school facilities, as specified, in the governing board of the applicable school district and requires the board to promulgate all necessary rules and regulations, as specified. This bill would add veterans' organizations, as defined, to the list of organizations that may meet at a civic center located at a public school facility. The bill would add a ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization to the list of purposes for which a school district is permitted to grant use of the school facilities or grounds. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 37220 of the Education Code is amended to read: 37220. (a) Except as otherwise provided, the public schools shall close on the following holidays: (1) January 1. (2) The third Monday in January or the Monday or Friday in the week in which January 15 occurs, known as "Dr. Martin Luther King, Jr. Day." On the Friday preceding which day the schools are closed, schools shall include exercises commemorating and directing attention to the history of the civil rights movement in the United States and particularly the role therein of Dr. Martin Luther King, Jr. (3) The Monday or Friday of the week in which February 12 occurs, known as "Lincoln Day." On the day that school is in session prior to the day on which schools are closed for that purpose, all public schools and educational institutions throughout the state shall hold exercises in memory of Abraham Lincoln. (4) The third Monday in February, known as "Washington Day." On the Friday preceding, all public schools and educational institutions throughout the state shall hold exercises in memory of George Washington. (5) The last Monday in May, known as "Memorial Day." (6) July 4. (7) The first Monday in September, known as "Labor Day." (8) November 11, known as "Veterans Day." (9) That Thursday in November proclaimed by the President as "Thanksgiving Day." (10) December 25. (11) All days appointed by the Governor for a public fast, thanksgiving, or holiday, and all special or limited holidays on which the Governor provides that the schools shall close. (12) All days appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday. (13) Any other day designated as a holiday by the governing board of the school district. (b) When any of the holidays on which the schools would be closed falls on Sunday, the public schools shall close on the Monday following. (c) When any of the holidays on which the schools would be closed falls on Saturday, the public schools shall close on the preceding Friday, and that Friday shall be declared a state holiday. (d) If any holiday on which the public schools are required to close pursuant to subdivision (a) occurs under federal law on a date different from the date specified in subdivision (a), the governing board of any school district may close the public schools of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a). (e) Except for Veterans Day, as designated in paragraph (8) of subdivision (a), the governing board of a school district, by adoption of a resolution, may revise the date upon which the schools of the district close in observance of any of the holidays identified in subdivision (a). (f) The governing board of a school district may not request a waiver of paragraph (8) of subdivision (a) from the state board. (g) This section does not prohibit a school district from authorizing its facilities or grounds to be used in accordance with Section 38131 on those days on which the public schools are closed. SEC. 2. Section 38131 of the Education Code is amended to read: 38131. (a) There is a civic center at each and every public school facility and grounds within the state where the citizens, parent teacher associations, Camp Fire girls, Boy Scout troops, veterans' organizations, farmers' organizations, school-community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any subjects and questions that in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the communities in which they reside. For purposes of this section, "veterans' organizations" are those groups included within the definition of that term as specified in subdivision (a) of Section 1800 of the Military and Veterans Code. (b) The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in this article, for any of the following purposes: (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 that has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (d) of Section 38134. (4) Child care or day care programs to provide supervision and activities for children of preschool and elementary schoolage. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies. (6) Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination. (7) A community youth center. (8) A ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization. (9) Other purposes deemed appropriate by the governing board.