AB 1557, as amended, Mathis. School facilities: use by nonprofit youth organizations: recreational youth sports leagues.
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 district. 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 specifically authorize a 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, that is a recreational youth sports league that charges participants an average of no more than $60 per month.
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(D) A recreational youth sports league that charges
participants
14begin insert no more than a nominal fee. As used in this subparagraph,
15“nominal fee” meansend insert an average of no more than sixty dollars
16($60) per month.
17(2) This subdivision does not apply to a group that uses school
18facilities or grounds for fundraising activities that are not beneficial
19to youth or public school activities of the school district, as
20determined by the governing board of the school district.
21(b) Except as otherwise provided by law, a governing board of
22a school district may charge an amount not to exceed its direct
23costs for use of its school facilities or grounds pursuant to this
24section. A governing board of a school district that levies these
25charges shall first adopt a policy
specifying which activities shall
26be charged an amount not to exceed direct costs.
P3 1(c) The governing board of a school district may charge an
2amount, not to exceed its direct costs for use of its school facilities
3or grounds by the entity using the school facilities or grounds,
4including a religious organization or church, that arranges for and
5supervises sports league activities for youths as described in
6paragraph (6) of subdivision (b) of Section 38131.
7(d) The governing board of a school district that authorizes the
8use of school facilities or grounds for the purpose specified in
9
paragraph (3) of subdivision (b) of Section 38131 shall charge the
10church or religious organization an amount at least equal to the
11school district’s direct costs.
12(e) In the case of an entertainment or a meeting where an
13admission fee is charged or contributions are solicited, and the net
14receipts are not expended for the welfare of the pupils of the school
15district or for charitable purposes, a charge equal to fair rental
16value shall be levied for the use of the school facilities or grounds.
17(f) If the use of school facilities or grounds under this section
18results in the destruction of school property, the entity using the
19school facilities or grounds may be charged for an amount
20necessary to repay the damages, and further use of the facilities
21or grounds by that
entity may be denied.
22(g) As used in this section:
23(1) “Direct costs” to the school district for the use of school
24facilities or grounds includes all of the following:
25(A) The share of the costs of supplies, utilities, janitorial
26services, services of school district employees, and salaries paid
27to school district employees directly associated with the
28administration of this section to operate and maintain school
29facilities or grounds that is proportional to the entity’s use of the
30school facilities or grounds under this section.
31(B) The share of the costs for maintenance, repair, restoration,
32and refurbishment, proportional to the use of the school facilities
33or
grounds by the entity using the school facilities or grounds under
34this section as follows:
35(i) For purposes of this subparagraph, “school facilities” shall
36be limited to only nonclassroom space, and “school grounds” shall
37include, but not necessarily be limited to, playing fields, athletic
38fields, track and field venues, tennis courts, and outdoor basketball
39courts.
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 necessarily limited to, after school programs,
5tutoring programs, 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 Government Code for injuries
34caused 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(D) A recreational youth sports league that charges
participants
11begin insert no more than a nominal fee. As used in this subparagraph,
12“nominal fee” meansend insert an average of no more than sixty dollars
13($60) per month.
14(2) This subdivision does not apply to a group that uses school
15facilities or grounds for fundraising activities that are not beneficial
16to youth or public school activities of the school district, as
17determined by the governing board of the school district.
18(b) Except as otherwise provided by law, a governing board of
19a school district may charge an amount not to exceed its direct
20costs for use of its school facilities or grounds pursuant to this
21section. A governing board of a school district that levies these
22charges shall first adopt a policy
specifying which activities shall
23be charged an amount not to exceed direct costs.
24(c) The governing board of a school district may charge an
25amount, not to exceed its direct costs for use of its school facilities
26or grounds by the entity using the school facilities or grounds,
27including a religious organization or church, that arranges for and
28supervises sports league activities for youths as described in
29paragraph (6) of subdivision (b) of Section 38131.
30(d) The governing board of a school district that authorizes the
31use of school facilities or grounds for the purpose specified in
32
paragraph (3) of subdivision (b) of Section 38131 shall charge the
33church or religious organization an amount at least equal to the
34school district’s direct costs.
35(e) In the case of an entertainment or a meeting where an
36admission fee is charged or contributions are solicited, and the net
37receipts are not expended for the welfare of the pupils of the school
38district or for charitable purposes, a charge equal to fair rental
39value shall be levied for the use of the school facilities or grounds.
P6 1(f) If the use of school facilities or grounds under this section
2results in the destruction of school property, the entity using the
3school facilities or grounds may be charged for an amount
4necessary to repay the damages, and further use of facilities or
5grounds by that entity
may be denied.
6(g) As used in this section:
7(1) “Direct costs” to the school district for the use of school
8facilities or grounds means the costs of supplies, utilities, janitorial
9services, services of school district employees, and salaries paid
10to school district employees directly associated with the
11administration of this section necessitated by the entity’s use of
12the school facilities or grounds.
13(2) “Fair rental value” means the direct costs to the school
14district plus the amortized costs of the school facilities or grounds
15used for the duration of the activity authorized.
16(h) (1) A school district authorizing the use of school
facilities
17or grounds under subdivision (a) is liable for an injury resulting
18from the negligence of the school district in the ownership and
19maintenance of the school facilities or grounds. An entity using
20
school facilities or grounds under this section is liable for an injury
21resulting from the negligence of that entity during the use of the
22school facilities or grounds. The school district and the entity using
23the school facilities or grounds under this section shall each bear
24the cost of insuring against its respective risks and shall each bear
25the costs of defending itself against claims arising from those risks.
26(2) Notwithstanding any other law, this subdivision shall not
27be waived. This subdivision does not limit or affect the immunity
28or liability of a school district under Division 3.6 (commencing
29with Section 810) of Title 1 of the Government Code for an injury
30caused by a dangerous condition of public property.
31(i) This section is operative on and after January 1, 2020.
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