Fullerton Joint Union High School District
La Habra High School
Terms of Use

Fullerton Joint Union High School District

AR 1230.1 (a)

USE OF DISTRICT FACILITIES/COMMUNITY RELATIONS

I.Purpose and Scope

For purposes of adequate administration and control, the Superintendent or designee is authorized by provisions of the Education Code and Civic Center Act to determine the availability of District facilities under his/her jurisdiction and to enforce the laws, rules, regulations, and policies governing such use. [Education Code Section 32282-38131]

II.Control

The Superintendent or designee shall perform the following functions:

    A.Determine the eligibility of individuals or groups seeking use of District facilities;

    B.Secure required signatures, information, and applications for use of facilities;

    C.Determine if applicant is entitled to use of facilities based upon free use, direct costs, or fair rental value;

    D.Issue permits to those who qualify if the facilities are available;

    E.Notify all parties and departments concerned when permits are issued, canceled, or changed;

    F.Keep adequate records of all uses of District facilities for public purposes;

    G.Insist upon the observance of all rules and regulations as set forth by the Education Code, Civic Center Act, Board policies, District rules and regulations; and

    H.Revoke permits and deny use of school property to any individual or group when violation of regulations occurs.

III.Civic Center Eligibility for Use

The use of school buildings or school facilities, or part thereof, to individual persons, firms, corporations, groups, clubs, or associations is predicated upon the adherence to the rules and regulations as set forth by the Board of Trustees. In general, the subject matter of civic center meetings shall pertain to the recreational, educational, political, economic, artistic, or moral interests of the community. No group, regardless of its character, may monopolize the use of District facilities or interfere with the educational program of the schools.

Fullerton Joint Union High School District

AR 1230.1 (b)

Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131)

    1.Public, literary, scientific, recreational, educational, or public agency meetings.

    2.The discussion of matters of general or public interest.

    3.The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization.

    4.Child care programs to provide supervision and activities for children of preschool and elementary school age.

    5.The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies.

    6.Supervised recreational activities, including, but not limited to, sports league activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youth may participate regardless of religious belief or denomination.

    7.A community youth center.

    8.Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare.

    9.A ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization. A veterans' organization means the American Legion, Veterans of Foreign Wars, Disabled American Veterans, United Spanish War Veterans, Grand Anny of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800)

    10.Other purposes deemed appropriate by the Board of Trustees.

 

 

Fullerton Joint Union High School District

AR 1230.1 (c)

Restrictions

School facilities or grounds shall not be used for any of the following activities:

    1.Any use by an individual or group for the commission of any crime or any act prohibited bylaw

    2.Any use which is inconsistent with the use of the school facilities for school purposes or which interferes with the regular conduct of school or school work

    3.Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances, including tobacco.

IV. Priority System and Scheduling Conflicts

Once an event/activity has been approved by the appropriate Business Services staff members for use on the approved application form, then that group shall have confirmation for the use of that event or activity on that date and time for the specified facility. Prior to the actual confirmation and approval for the use of facility, a system of priorities is established to prevent conflicts between groups wishing to use the same school property at the same time. The Superintendent or his/her designee shall make the final determination according to the following system of priorities:

    A.Priority 1 - Activities and programs of the District directly related to the instructional and educational program of the District.

    B.Priority 2 - Events or activities designed to serve the youth and citizens of the District which are planned and directed by school-attached groups, including the Parent-Teachers Association, Booster Clubs, etc.

    C.Priority 3 - Use of community organizations whose primary purpose is service to youth or the improvement of the general welfare of the community and where no admission is charged. If donations are solicited or admission charged, the proceeds are to be expended for the welfare of the pupils of the District, for charitable purposes, or for support of the local organization.

    D.Priority 4 - Use by groups who do not qualify under the provisions of the Civic Center Act, but to whom the Board may make facilities available on a commercial or fair rental value basis.

Fullerton Joint Union High School District

AR 1230.1(d)

V.Safety

    A.A Civic Center permit does not necessarily authorize the use of certain school district equipment nor the use of any student body equipment. Arrangements for the supervision, operation, and payment for the use of any special equipment made available shall be made with the school administrator issuing the permit.

    B.No structures may be erected or assembled on school premises, nor any extraordinary electrical, mechanical, or other equipment be brought thereon, unless special approval has been obtained from the school administrator issuing the permit.

    C.Any group using school facilities shall do so in such a manner that guarantees the safe operations of those facilities.

    D.Any use of school facilities for non-school purposes shall comply with all State and local fire, health, and safety laws. Persons or group to whom property is granted shall assume the responsibility to ensure that all such activities carried on, all equipment used or placed upon school premises, or distributed shall comply with applicable State and local fire, health, and safety laws and regulations.

    E.School facilities or grounds shall not be available for non-school related users for any activity involving the use of fireworks or any other type of pyrotechnic display unless specifically approved by the Superintendent or designee. This is to ensure the safety of participants, bystanders, and/or neighbors and due to the risk of fire.

    F.School facilities or grounds shall not be available for any activity involving the use of animals of any type, kind, or size, nor is straw or hay to be used in any activity unless approved by the Superintendent or his/her designee in advance. This is due to the risk of sanitation and fire when these materials are present.

    G.The Superintendent or designee reserves the right to provide police and/or fire protection services at users’ cost for all activities held on school property when deemed such protection is desirable.

    H.All draperies, hangings, curtains, drops, and all decorative materials used within or upon the school buildings or grounds shall be treated with a flame-retardant solution or process approved by the State Fire Marshal.

    I.The District may exclude certain school facilities from non-school use for safety or security reasons.


Fullerton Joint Union High School District

AR 1230.1(e)


VI. General Regulations

    A.Intoxicants or narcotics shall not be permitted, nor shall profane language, quarreling, fighting, or games of chance as prohibited by law be permitted. Violation of this rule by any organization during occupancy shall be sufficient cause for denying further use of the school facilities to the organization.

    B.If free use is granted as provided in the Civic Center Act, the meeting shall be non-exclusive and open to the public.

    C.If use of school equipment is granted, it may not be used other than on school property, and then only in conjunction with the use of facilities.

    D.School furniture or apparatus may not be removed or displaced by a permittee without permission from and under the supervision of the District employee in charge.

    E.Youth organizations must have adequate adult sponsorship and supervision. Adequate supervision is considered to be not less than one (1) adult per twenty (20) children.

    F.The person or group receiving the permit shall be financially responsible in case of loss of or damage to school property as a result of its use.

    G.Recreational and athletic facilities shall not be available at any time which might interfere with the regular functions of the schools.

    H.Smoking is not permitted in any District facility.

    I.Under no circumstances shall a room be used to accommodate a group in excess of the legal or specified maximum seating capacity for that room.

    J.The user shall offer no gratuities to school staff members or related groups or organizations, nor shall school staff members accept gratuities from the user.

    K.No individual or group shall, at any time, engage in political speech or speech that could reasonably be interpreted as hate speech, distribute political literature on school property to students or adults, or post it on school property, place it on school property for voluntary pickup, or place it in or on automobiles parked on school property. School property shall not be used for Trustee election activities.

    L.If a date for a facility has already been scheduled, then a subsequent request for the same date may be denied or an alternate date may be granted. Any permit may be rescheduled or denied for precedence by a public school related event/activity. The District reserves the right to revoke any permit, at any time, upon disclosure of facts that the facility will be used in an event/activity of an illegal or unlawful nature. In such a case, the contract is voidable at the District’s discretion.

    M.Organizations granted the use of school buildings or grounds under the Civic Center provisions of the Education Code may be permitted to use District equipment which requires an operator, such as motion picture projectors, public-address systems, etc., provided they agree to pay all costs, including labor, to which the District may be subjected by reason of such use.


Fullerton Joint Union High School District

AR 1230.1(f)


    N.School property must be protected from damage and mistreatment, and ordinary pre- cautions must be maintained. Groups shall be responsible for the condition in which the school buildings are left. Should school property be damaged or abused beyond normal wear, such damage will be paid for by the organization involved and shall be sufficient cause for cancellation of future user permits.

    O.No literature shall be advertised or offered for sale on school premises at any meeting, with the exception of Parent/FacultyAssociation publications, unless it has been approved by the Superintendent or designee.

    P.Any individual, group, or organization using school property for Civic Center or other purposes shall hold the District, Board, and employees free and harmless from any loss, damage, liability, cost, or expense that may arise during or be caused in any way by such use or occupancy of school property.

    Q.There shall be an employee of the District in charge whose duties shall include the opening and closing of buildings and grounds, the operation of mechanical systems, and the enforcement of regulations and prevention of disturbances.

R.All normal charges for use of facilities are itemized in the current fee schedule. Such fees may be exceeded if additional cleanup or other services are required.

S.All debris must be disposed of properly and the school facilities restored to their previous condition of cleanliness.

    T.No preparation of any type shall be used on school floors by groups using the facility for dancing.

    U.No permit to use facilities shall be granted for longer than one school year, nor so often during any year as to afford any person or organization a real or implied monopoly.

    V.All permits shall be issued for specific rooms and for specific hours. It shall be the responsibility of the organization to ensure that the unauthorized portions of the building are not used and that the premises are vacated as scheduled.

    W.When the general public is allowed to park on campus, vehicles must be parked in such a manner that fire-fighting equipment may have easy access to buildings and fire hydrants at all times.

    X.Tennis courts shall not be reserved for use by individuals, private groups or public entities, with the exception of the city parks and recreation department.

Fullerton Joint Union High School District

AR 1230.1(g)

VII. Applications for Use

Any person applying for the use of any school facilities or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application.

Persons or organizations applying for the use of school facilities or grounds shall submit a facilities use statement indicating that they uphold the state and federal constitutions and do not intend to use school premises or facilities to commit unlawful acts.

    A.All applications from outside organizations, groups, or individuals for the use of school facilities shall be made on the official form provided by the District entitled Application and Permit for Use of School District Facilities.

    B.All applications shall be made at least thirty (30) days in advance of the first date requested at the facility desired. Late applications may be denied.

    C.Any person applying for the use of school property on behalf of any group shall be a member of such applicant group and, unless he/she is an officer of such group, must present written authorization to represent the group.

    D.The Application and Permit for Use of School District Facilities form completed by the applicant shall be forwarded to the principal or a designee for denial or approval and determination of fees and charges. If approved, the application will then be forwarded to the Superintendent or designee for review.

    E.The Superintendent or designee shall determine if applicant is eligible to use facilities and if the charges are appropriate.

    F.The Superintendent or designee shall notify the applicant in writing whether the request is approved or denied. If approved, a completed copy of the permit stating the terms will be forwarded to the applicant.

    G.If applicant is unable to pay the full amount required for use of facilities in advance, partial payment may be accepted according to a payment schedule as approved by the Assistant Superintendent, Business Services, or designee.

    H.After final approval is given by the Superintendent or designee, the completed application is distributed as appropriate.

    I.If the scheduled use of facilities is altered or canceled, the principal or designee must be notified by the responsible user forty-eight (48) hours in advance to avoid financial obligation.

Fullerton Joint Union High School District

AR 1230.1(h)

    J.All permits for use of school facilities expire on June 30 of each school year and must be renegotiated as of July 1 for subsequent use.

    K.Upon receipt of any fee required for use of school facilities, the administrator in charge of processing the application shall forward check, money order, or cash to the Business Office for deposit and/or follow-up in case only partial payment has been received.

    L.Unless cancellations are made within one week of the requested date, the use fee amount may be retained by the District.

VIII. Damage and Liability

Groups, organizations, or persons using school facilities or grounds shall be liable for any property damage caused by the activity. The district may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds. (Education Code 38134)

Any group or organization using school facilities or grounds shall be liable for any injuries resulting from its negligence during the use of district facilities or grounds. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. (Education Code 38134)

Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence when using school facilities. (Education Code 38134)

As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type of activity or the specific facilities being used.

Fullerton Joint Union High School District

BP 1230(a)

COMMUNITY RELATIONS/USE OF SCHOOL FACILITIES

I.Community Relations/Use of School Facilities

The Board of Trustees believes that school facilities and Education grounds are a vital community resource, which should be used to foster community involvement and development. Therefore, the Board authorizes the use of school facilities by District residents and community groups for purposes specified in the Civic Center Act, Ed Code Section 40041. It is the intent of the Board that non-school related groups may use school facilities to the extent permitted by law provided such that use; use does not interfere with school activities or other school related uses, and that no cost or adverse impact is incurred by the District.

II.Management, Direction and Control

The Superintendent or designee shall give priority to school-related activities in the use of school facilities and grounds. Other uses authorized under the Civic Center Act shall be on a first-come, first-served basis.

The management, direction, and control of school facilities and grounds is vested in the Board of Trustees. The Board is empowered to promulgate any and all rules, regulations, terms, and/or conditions necessary to provide for, implement, and operate the District's civic center locations. For the effective management and control of school facilities and grounds, the Superintendent or designee shall maintain procedures and regulations that: (Education Code 38133)

    A.Aid, assistance, and encouragement for any of the activities authorized herein;

    B.Preservation of order in school buildings and on school grounds;

    C.Protection of school facilities from damage; and,

    D.Ensure that school facilities or grounds are used neither in a manner inconsistent with the use of such facilities or grounds for school purposes nor in a manner which will interfere with the regular conduct of school work.

Subject to prior approval by the Board, the Superintendent or designee may grant the use of school facilities or grounds on those days on which district schools are closed. (Education Code 37220)

III. Advertising/Promotions/Joint Use/Fees

As necessary to ensure efficient use of school facilities, the Superintendent or designee may, with the Board's approval, enter into an agreement for the joint use of any school facilities or grounds. The Board shall approve any such agreement only if it determines that it is in the best interest of the district and the community. (cf. 1330.1 - Joint Use Agreements)

Fullerton Joint Union High School District

BP 1230(b)

Fees

The Board shall adopt a comprehensive schedule of fees to be charged for community use of school facilities and grounds, including, but not limited to, the multipurpose rooms (s), playing or athletic field (s), track and field venue (s), tennis court (s), and outdoor basketball court (s), gymnasium (s), stadium (s), swimming pool (s), auditorium (s), theater (s), cafeterias (s), kitchen (s), conference (s). The schedule of fees shall be prepared in accordance with 5 CCR 14037-14041 and as updated and provided by District staff. (5 CCR 14041)

The Board authorizes the use of school facilities or grounds without charge by nonprofit organizations, clubs, or associations organized to promote youth and school activities. As specified in Education Code 38134(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire USA, YMCA, parent-teacher associations, and school- community advisory councils.

Other groups that request the use of school facilities under the Civic Center Act, including nonprofit groups not organized to promote youth and school activities and for-profit groups, shall be charged an amount not exceeding direct costs determined in accordance with 5 CCR 14037-14041. (Education Code 38134)

Additionally, when any use of school facilities or grounds is for religious services, the district shall charge an amount at least equal to the district's direct costs. (Education Code 38134)

In determining direct costs to be charged for community use of each, or each type of, school facility or grounds, the Superintendent or designee shall calculate, in accordance with 5 CCR 14038, the community's proportionate share of the following costs: (Education Code 38134; 5 CCR 14038-14041)

    1.Capital direct costs calculated in accordance with 5 CCR 14039, including the estimated costs of maintenance, repair, restoration, and refurbishment of non- classroom space school facilities or grounds. However, capital direct costs shall not be charged to organizations retained by the district or school to provide instruction or instructional activities to students during school hours or for classroom-based programs that operate after school hours, including, but not limited to, after-school, tutoring, and child care programs. (5 CCR 14037)

Fullerton Joint Union High School District

BP 1230(c)

    2.Operational direct costs calculated in accordance with 5 CCR 14040, including estimated costs of supplies, utilities, janitorial services, other services of district employees and/or contracted workers, and salaries and benefits paid to district employees directly associated with the administration of the Civic Center Act to operate and maintain school facilities and grounds.

    Direct cost fees shall not be discounted to any group or organization except when the discount is specifically authorized in the adopted fee schedule. (5 CCR 14041)

    Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134)

Expending Funds Collected as Capital Direct Costs

Any funds collected as capital direct costs shall be deposited into a special fund to be used only for capital maintenance, repair, restoration, and refurbishment of school facilities and grounds. (5 CCR 14042)

There shall be no advertising on school facilities and grounds except as allowed by district policy.

IV. Permissible Purposes

Subject to the limitations, requirements, and restrictions set forth herein, the Board may grant the use of school facilities or grounds as a civic center upon the terms and conditions the Board deems proper for any of the following purposes.

    A.Public, literary, scientific, recreational, educational or public meetings;

    B.The discussion of matters of general or public interest;

    C.Child-are or day-are programs to provide supervision and activities for children of preschool and elementary age;

    D.The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies;

    E.Supervised recreational activities;

    F.Other purposes deemed appropriate by the Board.

Fullerton Joint Union High School District

BP 1230(d)

V. Terms and Conditions

Any individual or group described in Section I (collectively referred to hereafter as the "Group") desiring to use the District's facilities or grounds as a civic center must first agree to and comply with all the following terms and conditions:

    A.Make application through the appropriate high school main office for the use of school property using the District-approved application for use of school facilities. Any person applying on behalf of any group shall be a member of the applicant group, and, unless he or she is an officer of the group, must present written authorization from the applicant group to make the application.

    B.Enter into a written agreement with the Fullerton Joint Union High School District for the proposed use.

    C.Maintain in force during the term of the agreement, full comprehensive public liability insurance, insuring against all claims for injuries to person or property occurring in, on, or about the school property arising out of the group's use of the school property. Said policy shall have limits for injuries to person or persons and for property damage in amounts which shall be specified by the Board, in its sole discretion based upon the nature of the proposed use of the District's school facilities or grounds.

    D.Indemnify and hold harmless the District, its officers, agents and employees from and against any and all claims, demands, losses or liabilities of any kind or nature which the District, its officers, agents and employees must sustain or incur or which may be imposed upon any of them for injury or death sustained as a result of, arising out of, or in any manner associated with the group's use of the school property, except for liability resulting from the negligence or willful misconduct of the District, its officers, agents, employees or independent contractors.

    E.Assume the financial liability for any damage to the facilities or grounds as a result of the activity.

    F.Warrant and represent that group's use of said school property will neither be inconsistent nor interfere with the District's operation of high school classes, and programs, athletic activities, and events.

    G.Certify or declare in writing under penalty of perjury that to the best of his or her knowledge the school property for which application is made will not be used for the commission of any act which is prohibited by law, or for the commission of any crime.

    H.Furnish to the Board any information which the Board deems necessary to make the determination that the use of school property for which application is made is consistent with the objectives and purposes enumerated herein.

Fullerton Joint Union High School District

BP 1230(e)

    I.Any violation of the above terms and conditions shall constitute just cause for the Board to deny the applicant's request for school property use.

VI. Emergency Aid

In furtherance of its desire to promote good will and harmonious community relations, the Board shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters in the event of disasters and other emergencies as declared by the Civil Defense Authority affecting the public health and welfare. The Board shall cooperate with these agencies in furnishing and maintaining such services as the Board may deem necessary to meet the needs of the community.

VII. Definitions and User Groups

For the purpose of this policy, the following definitions shall apply:

1.Wherever the term "free use" is used, it shall mean that the use shall be without charge of any kind.

2.Wherever the term "direct costs" is used, it shall mean those costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid to school district employees necessitated by the organization's use of the school facilities and grounds at the District.

3.Wherever the term "commercial rate" or "fair rental value" is used, it shall mean the direct cost to the District, plus the amortized cost of the school facilities or grounds used for the duration of the activity authorized.

Pursuant to the provisions of Section II as previously stated, the Board of Trustees has established the following fee schedule for the following types of use and user groups:

A.Group I - Nonprofit Organizations Which Promote Youth and School Activities (Free Use) which do not adversely affect any District programs or activities.

The Board shall grant, without charge, the use of school facilities or grounds under its control, when an alternative location is not available, to nonprofit organizations, and clubs or associations which are located and operated within the boundaries of the District and are organized to promote youth and school activities; provided that the use of school property for fund-raising activities shall be of benefit to the youth or public school activities of the District, as determined by the Board. Groups in this category include, but are not limited to: (1) girl scouts, boy scouts, explorer scouts, camp fire girls; (2) parent-teachers associations; (3) school/district/community advisory councils and or task forces; (4) booster groups; (5) educational foundations;(6) community substance abuse groups and/or school core teams; (7) recreational youth sports league that charges participants an average of no more than $60 per month.


Fullerton Joint Union High School District

BP 1230(f)


District use of facilities shall be granted without charge to officially recognized Fullerton Joint Union High School District students and staff groups, parent/guardian club organizations and school community advisory councils. Organizations including youth and adult groups committed to community services (Campfire Girls, Boy Scouts, Girl Scouts, etc.), and public agencies shall be included in the free use classification. Free use may also be granted for fund-raising entertainments or meetings where the full amount of admission fee charges or contributions solicited are expended for the welfare of the school programs.

The District shall establish charges for services (cleanup, lockup) required or requested beyond that normally furnished in the day-to-day business of the district and not for organizational management salaries or stipends.

Group 1A – Educational This group is limited to (2) nonprofit, in District, youth serving educational organizations. This group is limited to the Korean Institute of California and the Fullerton Chinese Cultural Association exclusively; both of which have a long- standing relationship with the District.

B.Group II - Other Nonprofit Organizations and other Public Agencies (Direct Costs)

The Board shall charge an amount not to exceed its direct costs for activities where the user group is located and operates within the boundaries of the District and is a non-profit organization organized for purposes other than to promote youth and school activities. Activities which shall be charged an amount not to exceed direct costs include (1) other public agencies; (2) elementary school districts; (3) artistic and cultural groups; (4) colleges and universities; (5) youth sports leagues and programs.

Organizations, clubs or associations organized for cultural activities, general character building or welfare purposes of Fullerton Joint Union High School District citizens shall be direct cost charges, as shall organizations (including those in Section I) requesting use for entertainment or meetings where admission fees are charged or contributions are solicited and the net receipts are expended for the welfare of district students or bona fide charitable purposes. Direct cost charges are listed in the adopted fee schedule. (Direct costs include basic utilities.)

C.Group III - Commercial and/or Profit-making Groups (Fair Rental Value)

The Board shall charge at least the fair rental value/commercial rate to all other groups not otherwise qualified under the provisions of paragraphs A or B above for use of the District's school facilities or grounds. Activities within this category

Fullerton Joint Union High School District

BP 1230(g)

include, but are not limited to, cases of entertainment or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of the District or for charitable purposes. Also included are functions such as dances as profit-making ventures, dealers' exhibits, sporting shows, commercial sales, promotional activities, and religious groups.

Entertainments or meetings, including those sponsored by Group I or Group II organizations, where admission fees are charged or contributions solicited and the net proceeds are not expended fully for the welfare of district students or bona fide charitable purposes, shall be charged Fair Rental Value in accordance with the Adopted Fee Schedule.

In addition, profit-making organizations or Fullerton Joint Union High School District organizations which do not qualify for free (Group I) or direct cost (Group II) rates shall be charged fair rental value. Included in this category might be independent dance, theater or musical groups, private instructions and private businesses, assuming these groups would satisfy city zoning and business ordinances.

*Fair Rental Value

Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134)

The Superintendent or designee shall develop and implement the fee schedule for different user groups according to law. The fee schedule shall be reviewed on an annual basis with adjustments each year based upon the Consumer Price Index (CPI) for the greater Los Angeles, Long Beach and Anaheim metropolitan areas or an average of 5 percent, whichever is greater. Said review and adjustments shall be conducted prior to September 1 of each year.

Reference: Education Code Sections 40040 through 40045 (inclusive) EDUCATION CODE 10900-10914.5 Community recreation programs; -38138 Civic Center Act, use of school property for public purposes; BUSINESS AND PROFESSIONS CODE 25608 Alcoholic beverage on school premises; GOVERNMENT CODE 54950- 54963 The Ralph M. Brown Act; MILITARY AND VETERANS CODE; CODE OF REGULATIONS, TITLE 5; 14037-14042 Proportionate direct costs for use of school facilities and grounds; UNITED STATES CODE, TITLE 20; 7905 Equal access to public school facilities; COURT DECISIONS Good News Club v. Milford Central School, (2001) 533 U.S. 98; Lamb's Chapel v. Center Moriches Union Free School District, (1993) 508 U.S. 384; Cole v. Richardson, (1972) 405 U.S. 676;

Fullerton Joint Union High School District
BP 1230(h)

Connell v. Higgenbotham, ACLU v. Board of Education of Los Angeles, (1961) 55 Cal .2d 167; Ellis v. Board of Education, (1945) 27 Cal.2d 322; ATTORNEY GENERAL OPINIONS 82 Ops.Cal.Atty.Gen. 79 Ops.Cal.Atty.Gen.; Management Resources: CSBAPUBLICATIONS Maximizing Opportunities for PhysicalActivity Through Joint Use of Facilities, Policy Brief, February 2010; Building Healthy Communities: A School Leader's Guide to Collaboration and Community Engagement, 2009; WEB SITES: CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov

Policy Adopted:
October 18, 1988; September 20, 2016; November 28, 2016