CALIFORNIA EDUCATION CODE SECTION 38130-38139
California Education Code Sections 38130-38139, et seq. permits the Board of Education of a school district to grant the use of
school buildings or grounds for public literary scientific, recreation, or education meetings. The Board has established such terms and conditions of usage as it deems necessary and proper in Board Policy 1330 and Administrative Regulation 1330. These procedures refer to the adopted Board Policies, Regulations, and appropriate sections of the California Education Code.
USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
There is at each and every school building and grounds within the Val Verde Unified School District a civic center where the citizens,
clubs, associations, organizations or other groups of the communities that are located within the Val Verde Unified School District may meet for public purposes engaged in under these civic center regulations are restricted to supervised recreational activities or educational, political, economical, artistic, literary, scientific or moral activities, or for the discussion of matters which appertain to such interest of the citizens of the communities which are located in the Val Verde Unified School District.
In accordance with Sections 38130-38139 of the Education Code of California, religious organizations or churches may be granted use of school buildings or grounds on a temporary basis.
CRITERIA FOR DETERMINING CHARGES FOR USE
1. Free Use: District-related or district-sponsored activities, including activities by student body organizations or parent-teacher associations may use the facilities without charge.
2. Use in Which The Costs Accrued to the District are to be Reimbursed by the User: Any group described in paragraph (1) above, conducting an activity for which an admission charge is made or contributions are solicited and the monies collected intended for
use for the advancement of the work of the group or for charitable purposes or for the benefit of the students within the Val
Verde Unified School District, are to be charged in an amount equal to the cost accrued to the School District because of such activity. Charges are payable upon approval or application for use. Also, any organizations, groups, or citizens which do not fit into the categories described in paragraph (1) above, if such users do not make an admission charge or solicit fees or contributions during the meeting, are to be charged in an amount equal to the cost accrued to the School District because of such activity. The amount of reimbursement to the School District to be charged users qualified under this category would be the employee’s assigned additional duties because of the use of the facility, cost of supplies, utilities, etc.
3. Use When Fair Rental Value Shall Be Charged: In the case of entertainment or meetings where admission fees are charged or contributions are solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the pupils of the District or for charitable purposes, a fair rental value is charged (in accordance with the fee schedule, plus the actual cost to the District for salaries, supplies, utilities, etc., for such use of buildings and grounds). Charges to be payable upon approval of application for use. In accordance with Education Code of California Section 38130-38139, religious organizations or churches may be granted use of school buildings and grounds and are to pay costs as described in this paragraph (3).
GENERAL CONDITIONS GOVERNING THE USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
1. Applicants desiring to use school buildings or grounds as a civic center will be issued permits when such use does not interfere with the regular conduct of school work.
2. Applications for use of school buildings or grounds are to be made on the application form prescribed by the School District.
Such applications will be approved by the Superintendent of Schools or designated representative in accordance with the policies and regulations of the District.
3. In the event of any dispute or difference arising as a result of the use of school facilities, said dispute or difference will be arbitrated by appealing to the Board of Education of the Val Verde Unified School District in writing.
4. The groups or citizens using school facilities will be responsible for any and all damages to property which may be incurred as a
proximate result of any activity being conducted in building or on the grounds of the School District – normal wear and tear excepted.
5. School furniture and equipment normally assigned to a school room for general use will be available for use when the room is used for public purposes except that audio visual and electronic equipment may be used only under restrictions described
below.
· Approval for special arrangements of furniture and equipment or the addition of furniture and equipment may be given by the Superintendent of Schools or designated representative if in his judgment such approval would not necessitate additional personnel or involve use of equipment by individuals not qualified to operate it.
· Use of highly specialized equipment such as projectors, electronic equipment, spotlights, laboratory and athletic equipment, etc., shall not be approved unless properly trained school personnel are assigned to supervise its operation.
· Consumable supplies, in no instance, are to be used by groups other than school or school-related groups, and then only with the approval of the Superintendent of Schools or designated representative.
6. The Superintendent of Schools or designated representative, when administering the policies and regulations governing the use of school property, shall exercise every precaution to see that the organization, club or group using the facilities is qualified
under, and adheres to, the conditions listed in the policies and the Education Code.
7. Any person applying for the use of school property on behalf of any society, group or organization is to be a member of such applicant group and, unless he is an officer of such group, must present written authorization from such applicant group to make such application.
8. CONDUCT OF MEETINGS
· The direct supervision of the activity is the responsibility of the persons or organizations sponsoring the activity.
Misconduct on the premises will be cause for cancellation of approval for use.
· NO ALCOHOLIC BEVERAGES are to be consumed, sold, given away, or delivered to any person on the property of the School District. Such action is a misdemeanor and is punishable under Section 16701 of the Business and Professions Code of California. Any person under the influence of intoxicating liquors on school property may be barred from having or receiving any further privilege of the use of school property.
· NO SMOKING will be allowed on school property.
· NO SMOKE MACHINES – use of fog or smoke machines is prohibited.
Any City or County ordinance governing such group activities will be applicable to activities under these rules and regulations.
· Profane language, gambling, quarreling or fighting will not be tolerated.
9. LIMITATIONS AND RESTRICTIONS GOVERNING USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
· No use of school buildings or grounds by community organizations which do not qualify for free use for more than five (5) days during one school year (for one continuing activity or a schedule series of one activity) shall be approved without first call for bids in accordance with Education Code.
· Use of school buildings and grounds by community organizations will not commence earlier than one hour after the closing of the regular school session. Community organizations using school buildings and grounds will complete such use no later than one hour prior to regular school session.
· Organizations using school buildings and grounds are not to leave any brochures, pamphlets, leaflets, documents, or other literature on school district premises.
· No use of any cafeteria kitchen is allowed without the assignment of a school district cafeteria worker during the hours of use.
· Any person, in addition to the school district employee so assigned, involved in the serving of food must hold a current food handlers card as issued by Riverside County Health Department in compliance with the requirements of the Health and Safety Code of California and the Restaurant Act of California.
· School District equipment such as projectors, sound systems, spotlights, etc., may be used for activities of community organizations on school district premises only. Use of such equipment will be allowed only when operated by a school district employee.
(Board Approved 11/00; Revised 4/15) APPLICATION EXPIRES JUNE 30, 2018 page 1