SECTIONS 38130-38139 - California Statutes

EDUCATION CODE

SECTION 38130-38139

38130. This article shall be known and may be cited as the Civic
Center Act.

38131. (a) There is a civic center at each and every public school
facility and grounds within the state where the citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations
formed for recreational, educational, political, economic, artistic,
or moral activities of the public school districts may engage in
supervised recreational activities, and where they may meet and
discuss, from time to time, as they may desire, any subjects and
questions that in their judgment pertain to the educational,
political, economic, artistic, and moral interests of the citizens of
the communities in which they reside. For purposes of this section,
"veterans' organizations" are those groups included within the
definition of that term as specified in subdivision (a) of Section
1800 of the Military and Veterans Code.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(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
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(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 for youths that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) A community youth center.
(8) A ceremony, patriotic celebration, or related educational
assembly conducted by a veterans' organization.
(9) Other purposes deemed appropriate by the governing board.

38133. The management, direction, and control of school facilities
under this article are vested in the governing board of the school
district which shall promulgate all rules and regulations necessary
to provide, at a minimum, for the following:
(a) Aid, assistance, and encouragement to any of the activities
authorized in Sections 38131 and 38132.
(b) Preservation of order in school facilities and on school
grounds, and protection of school facilities and school grounds,
including, if the governing board deems necessary, appointment of a
person who shall have charge of the school facilities and grounds for
purposes of their preservation and protection.
(c) That the use of school facilities or grounds is not
inconsistent with the use of the school facilities or grounds for
school purposes or interferes with the regular conduct of schoolwork.

38134. (a) The governing board of any school district shall
authorize the use of any school facilities or grounds under its
control, when an alternative location is not available, to nonprofit
organizations, and clubs or associations organized to promote youth
and school activities, including, but not limited to:
(1) Girl Scouts, Boy Scouts, Camp Fire, Inc.
(2) Parent-teachers' associations.
(3) School-community advisory councils.
This subdivision shall not apply to any group that uses school
facilities or grounds for fundraising activities that are not
beneficial to youth or public school activities of the district, as
determined by the governing board.
(b) Except as otherwise provided by law, the governing board may
charge an amount not to exceed its direct costs for use of its school
facilities. Each governing board that decides to levy these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs.
(c) The governing board of any school district may charge an
amount not to exceed its direct costs for use of its school
facilities by any entity, including a religious organization or
church, that arranges for and supervises sports league activities for
youths as described in paragraph (6) of subdivision (b) of Section
38131.
(d) The governing board of any school district that authorizes the
use of school facilities or grounds for the purpose specified in
paragraph (3) of subdivision (b) of Section 38131 shall charge the
church or religious denomination an amount at least equal to the
district's direct costs.
(e) In the case of entertainments 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, a charge shall be levied for the use of school
facilities or grounds which charge shall be equal to fair rental
value.
(f) If any group activity results in the destruction of school
property, the group may be charged for an amount necessary to repay
the damages, and further use of facilities may be denied.
(g) As used in this section, "direct costs" to the district for
the use of school facilities or grounds means those costs of
supplies, utilities, janitorial services, services of any other
district employees, and salaries paid school district employees
necessitated by the organization's use of the school facilities and
grounds of the district.
(h) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the school
facilities or grounds used for the duration of the activity
authorized.
(i) Any school district authorizing the use of school facilities
or grounds under subdivision (a) shall be liable for any injuries
resulting from the negligence of the district in the ownership and
maintenance of those facilities or grounds. Any group using school
facilities or grounds under subdivision (a) shall be liable for any
injuries resulting from the negligence of that group during the use
of those facilities or grounds. The district and the group shall each
bear the cost of insuring against its respective risks and shall
each bear the costs of defending itself against claims arising from
those risks. Notwithstanding any other provision of law, this
subdivision shall not be waived. Nothing in this subdivision shall be
construed to limit or affect the immunity or liability of a school
district under Division 3.6 (commencing with Section 810) of Title 1
of the Government Code, for injuries caused by a dangerous condition
of public property.

38135. Any use, by any individual, society, group, or organization
for the commission of any act intended to further any program or
movement the purpose of which is to accomplish the overthrow of the
government of the United States or of the state by force, violence,
or other unlawful means shall not be permitted or suffered.
Any individual, society, group, or organization which commits any
act intended to further any program or movement the purpose of which
is to accomplish the overthrow of the government by force, violence,
or other unlawful means while using school property pursuant to the
provisions of this chapter is guilty of a misdemeanor.

38136. No governing board of a school district shall grant the use
of any school property to any person or organization for any use in
violation of Section 38135.
For the purpose of determining whether or not any individual,
society, group, or organization applying for the use of the school
property intends to violate Section 38135, the governing board shall
require the making and delivery to the governing board, by the
applicant of a written statement of information in the following
form:
STATEMENT OF INFORMATION
The undersigned states that, to the best of his or her knowledge,
the school property for use of which application is hereby made will
not be used for the commission of any act intended to further any
program or movement the purpose of which is to accomplish the
overthrow of the government of the United States by force, violence
or other unlawful means;
That ____, the organization on whose behalf he or she is making
application for use of school property, does not, to the best of his
or her knowledge, advocate the overthrow of the government of the
United States or of the State of California by force, violence, or
other unlawful means, and that, to the best of his or her knowledge,
it is not a Communist action organization or Communist front
organization required by law to be registered with the Attorney
General of the United States. This statement is made under the
penalties of perjury.

__________________________
(Signature)

The school board may require the furnishing of additional
information as it deems necessary to make the determination that the
use of school property for which application is made would not
violate Section 38135.
Any person applying for the use of school property on behalf of
any society, group, or organization 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.
The governing board of any school district may, in its discretion,
consider any statement of information or written authorization made
pursuant to the requirements of this section as being continuing in
effect for the purposes of this section for the period of one year
from the date of the statement of information or written
authorization.

38137. Written statements of information as required by Section
38136 need not be under oath, but shall contain a written declaration
that they are made under the penalty of perjury, and any person so
signing the statements who willfully states therein as true any
material matter which he or she knows to be false, is subject to the
penalties prescribed for perjury in the Penal Code.

38138. Notwithstanding the provisions of this article or any other
provisions of law, when a nonpartisan charitable organization
organized under the laws of this state has constructed or will
construct, subject to the provisions of Article 3 (commencing with
Section 39140) of Chapter 2 of this part, a school athletic and youth
center facility at no cost to a school district, upon a
school-district-owned site to be owned by and for the benefit of the
school occupying the site, the governing board of the school
district, in accepting the donation and prescribing the conditions
and restrictions with respect thereto, may permit the general use of
the facility under the provisions of this article for specified
supervised recreational activities which are sponsored by or
conducted by the donor organization, and may also permit the donor
organization to use the facility for this purpose at times when the
facility is not being used by the school district for the educational
program and related school activities of the designated beneficiary
school, unless the use and occupancy of the facility by the donor
organization would otherwise interfere with the regular conduct of
the school. Any use granted to the donor organization shall, however,
immediately and forever terminate if the donor organization denies
the use of the facility to any person because of their race,
religion, creed, national origin, ancestry, or sex.
This section shall apply only to elementary school districts in
San Diego County which had an average daily attendance of 425 or less
during the 1970-71 school year, and which, during the 1970-71 school
year, had a modified assessed valuation per pupil in average daily
attendance of between forty-five thousand dollars ($45,000) and fifty
thousand dollars ($50,000).

38139. (a) Public primary schools shall post at an appropriate area
restricted to adults information regarding missing children provided
by the Department of Justice pursuant to Section 14208 of the Penal
Code.
(b) Public secondary schools shall post at an appropriate area
information regarding missing children provided by the Department of
Justice pursuant to Section 14208 of the Penal Code.