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