AB 1557, as introduced, Mathis. School facilities: use by nonprofit youth organizations.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school districts. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would provide that a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school district’s actual costs for janitorial services and utilities for the specific school facilities or grounds used.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 38134 of the Education Code, as amended
2by Section 2 of Chapter 764 of the Statutes of 2012, is amended
3to read:
(a) (1) The governing board of a school district shall
5authorize the use of school facilities or grounds under its control
6by a nonprofit organization, or by a club or an association
7organized to promote youth and school activities, including, but
8not necessarily limited to, any of the following:
9(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the
10YMCA.
11(B) A parent-teacher association.
12(C) A school-community advisory council.
13(2) This subdivision does not apply to a group that uses school
14facilities or grounds for fundraising activities that are
not beneficial
15to youth or public school activities of the school district, as
16determined by the governingbegin delete board.end deletebegin insert board of the school district.end insert
17(b) begin insert(1)end insertbegin insert end insertExcept as otherwise provided bybegin insert paragraph (2) or
18elsewhere inend insert law, a governing boardbegin insert of a school districtend insert may charge
19an amount not to exceed its direct costs for use of its school
20facilities orbegin delete grounds.end deletebegin insert
grounds pursuant to this section.end insert A governing
21boardbegin insert of a school districtend insert that levies these charges shall first adopt
22a policy specifying which activities shall be charged an amount
23not to exceed direct costs.
24(2) The governing board of a school district may only charge
25a nonprofit organization, club, or association primarily organized
26to promote youth and school activities, including, but not
27necessarily limited to, the organizations listed in paragraph (1)
28of subdivision (a), an amount not to exceed the school district’s
29actual costs for janitorial services and utilities for the specific
30school facilities or grounds used pursuant to this section.
31(c) The governing board of a school district may charge an
32amount, not to exceed its direct costs for use of its school facilities
33or grounds by the entity using the school facilities or grounds,
34including a religious organization or church, that arranges for and
P3 1supervises sports league activities for youths as described in
2paragraph (6) of subdivision (b) of Section 38131.
3(d) The governing board of a school district that authorizes the
4use of school facilities or grounds for the purpose specified in
5paragraph (3) of subdivision (b) of Section 38131 shall charge the
6church or religious organization an amount at least equal to the
7school district’s direct costs.
8(e) In the case of an entertainment or a meeting where an
9admission fee is charged or contributions are solicited, and the net
10receipts are not expended for the
welfare of the pupils of the school
11district or for charitable purposes, a charge equal to fair rental
12value shall be levied for the use of the school facilities or grounds.
13(f) If the use of school facilities or grounds under this section
14results in the destruction of school property, the entity using the
15school facilities or grounds may be charged for an amount
16necessary to repay the damages, and further use of the facilities
17or grounds by that entity may be denied.
18(g) As used in this section:
19(1) “Direct costs” to the school district for the use of school
20facilities or grounds includes all of the following:
21(A) The share of the costs of supplies, utilities, janitorial
22services, services of school district employees, and salaries paid
23to school
district employees directly associated with the
24administration of this section to operate and maintain school
25facilities or grounds that is proportional to the entity’s use of the
26school facilities or grounds under this section.
27(B) The share of the costs for maintenance, repair, restoration,
28and refurbishment, proportional to the use of the school facilities
29or grounds by the entity using the school facilities or grounds under
30this section as follows:
31(i) For purposes of this subparagraph, “school facilities” shall
32be limited to only nonclassroom space and “school grounds” shall
33include, but not be limited to, playing fields, athletic fields, track
34and field venues, tennis courts, and outdoor basketball courts.
35(ii) The share of the cost for maintenance, repair, restoration,
36and refurbishment shall not apply to:
37(I) Classroom-based programs that operate after school hours,
38including, but not limited to, after school programs, tutoring
39programs, or child care programs.
P4 1(II) Organizations retained by the school or school district to
2provide instruction or instructional activities to pupils during school
3hours.
4(iii) Funds collected under this subparagraph shall be deposited
5into a special fund that shall only be used for purposes of this
6 section.
7(2) “Fair rental value” means the direct costs to the school
8district plus the amortized costs of the school facilities or grounds
9used for the duration of the activity authorized.
10(h) By December 31, 2013, the Superintendent shall develop,
11and the state board
shall adopt, regulations to be used by a school
12district in determining the proportionate share and the specific
13allowable costs that a school district may include as direct costs
14for the use of its school facilities or grounds.
15(i) (1) A school district authorizing the use of school facilities
16or grounds under subdivision (a) is liable for an injury resulting
17from the negligence of the school district in the ownership and
18maintenance of the school facilities or grounds. An entity using
19school facilities or grounds under this section is liable for an injury
20resulting from the negligence of that entity during the use of the
21school facilities or grounds. The school district and the entity using
22the school facilities or grounds under this section shall each bear
23the cost of insuring against its respective risks, and shall each bear
24the costs of defending itself against claims arising from those risks.
25(2) Notwithstanding any other law, this subdivision shall not
26be waived. This subdivision does not limit or affect the immunity
27or liability of a school district under Division 3.6 (commencing
28with Section 810) of Title 1 of the Government Code, for injuries
29caused by a dangerous condition of public property.
30(j) This section shall remain in effect only until January 1, 2020,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2020, deletes or extends that date.
Section 38134 of the Education Code, as added by
34Section 3 of Chapter 764 of the Statutes of 2012, is amended to
35read:
(a) (1) The governing board of a school district shall
37authorize the use of school facilities or grounds under its control
38by a nonprofit organization, or by a club or an association
39organized to promote youth and school activities, including, but
40not necessarily limited to, any of the following:
P5 1(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the
2YMCA.
3(B) A parent-teacher association.
4(C) A school-community advisory council.
5(2) This subdivision does not apply to a group that uses school
6facilities or grounds for fundraising activities that are
not beneficial
7to youth or public school activities of the school district, as
8determined by the governingbegin delete board.end deletebegin insert board of the school district.end insert
9(b) begin insert(1)end insertbegin insert end insertExcept as otherwise provided bybegin insert paragraph (2) or
10elsewhere inend insert law, a governing boardbegin insert of a school districtend insert may charge
11an amount not to exceed its direct costs for use of its school
12facilities orbegin delete grounds.end deletebegin insert
grounds pursuant to this section.end insert A governing
13boardbegin insert of a school districtend insert that levies these charges shall first adopt
14a policy specifying which activities shall be charged an amount
15not to exceed direct costs.
16(2) The governing board of a school district may only charge
17a nonprofit organization, club, or association primarily organized
18to promote youth and school activities, including, but not
19necessarily limited to, the organizations listed in paragraph (1)
20of subdivision (a), an amount not to exceed the school district’s
21actual costs for janitorial services and utilities for the specific
22school facilities or grounds used pursuant to this section.
23(c) The governing board of a school district may charge an
24amount, not to exceed its direct costs for use of its school facilities
25or grounds by the entity using the school facilities or grounds,
26including a religious organization or church, that arranges for and
27supervises sports league activities for youths as described in
28paragraph (6) of subdivision (b) of Section 38131.
29(d) The governing board of a school district that authorizes the
30use of school facilities or grounds for the purpose specified in
31paragraph (3) of subdivision (b) of Section 38131 shall charge the
32church or religious organization an amount at least equal to the
33school district’s direct costs.
34(e) In the case of an entertainment or a meeting where an
35admission fee is charged or contributions are solicited, and the net
36receipts are not expended for the
welfare of the pupils of the school
37district or for charitable purposes, a charge equal to fair rental
38value shall be levied for the use of the school facilities or grounds.
39(f) If the use of school facilities or grounds under this section
40results in the destruction of school property, the entity using the
P6 1school facilities or grounds may be charged for an amount
2necessary to repay the damages, and further use of facilities or
3grounds by that entity may be denied.
4(g) As used in this section:
5(1) “Direct costs” to the school district for the use of school
6facilities or grounds means the costs of supplies, utilities, janitorial
7services, services of school district employees, and salaries paid
8to school district employees directly associated with the
9administration of this section necessitated by the entity’s use of
10
the school facilities or grounds.
11(2) “Fair rental value” means the direct costs to the school
12district plus the amortized costs of the school facilities or grounds
13used for the duration of the activity authorized.
14(h) (1) A school district authorizing the use of school facilities
15or grounds under subdivision (a) is liable for an injury resulting
16from the negligence of the school district in the ownership and
17maintenance of the school facilities or grounds. An entity using
18school facilities or grounds under this section is liable for an injury
19resulting from the negligence of that entity during the use of the
20school facilities or grounds. The school district and the entity using
21the school facilities or grounds under this section shall each bear
22the cost of insuring against its respective risks and shall each bear
23the costs of defending itself against claims
arising from those risks.
24(2) Notwithstanding any other law, this subdivision shall not
25be waived. This subdivision does not limit or affect the immunity
26or liability of a school district under Division 3.6 (commencing
27with Section 810) of Title 1 of the Government Code, for an injury
28caused by a dangerous condition of public property.
29(i) This section is operative on and after January 1, 2020.
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