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