San Francisco Unified School District and County Office of Education
Board Policy 1330
Use of School Facilities
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
General Statement
The Board of Education recognizes that District facilities are a community resource whose primary purpose and use is for school programs and activities. The District permits the use of school facilities by groups and organizations whose purpose and objectives contribute to the development and welfare of the community when such use does not interfere with school activities, or result in undue cost to the District.
Certain uses are subject to charge, and such charges depend upon group categorization, as set forth in detail below. Each group shall be categorized as Tier I, II, III or IV. All Tiers pay 100% of staffing costs directly associated with the permitted use.
The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that accomplish the following:
- aid, encourage, and assist groups desiring to use school facilities for approved activities
- preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary
(cf. 0450 – Comprehensive School Safety Plan)
(cf. 3516 – Emergencies and Disaster Preparedness Plan)
- ensure that the use of school facilities or grounds is consistent with their use for school purposes and does not interfere with the regular conduct of school work.
Civic Center Use
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:
- Public, literary, scientific, recreation, education, or public agency meetings
- The discussion of matters of general or public interest
- The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization, provided the governing board charges the church or religious organization using the school facilities or grounds an amount at least equal to the District’s direct costs
- Childcare or day care programs to provide supervision and activities for children of preschool and elementary school age
- The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies
- 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
- A community youth center
- Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare
- Other purposes deemed appropriate by the Board.
(Education Code Section 38131)
Facilities Use Permit Fees
Use permit fees are determined based on a number of factors, including but not limited to: the times and spaces requested, whether the permit will provide services to District students and the type of organization requesting the permit. The Superintendent shall establish and publish a fee schedule for use permit fees in an Administrative Regulation to accompany this Board Policy. The Superintendent shall periodically update the fee schedule when changes to the District’s direct costs occur.
- Tier I – Exempt From Permit Fees and any Facilities Charges
Tier I rates are available to any District department or school site applying for a permit for its own event or program is exempt from charges or use permit fees, but shall be charged costs of custodial and other services provided by District employees necessitated by the applicant’s use of the school facilities and/or grounds of the District.
- Tier II – Exempt From Permit Fees and Assessed a Discounted Facilities Charge
Tier II rates are available to any non-profit, civic or for-profit organization, so long as at least 75% of participants are District students, or directly serve District students (such as District staff and families). Tier II applicants are exempt from permit fees and shall be assessed direct facilities use costs at a discounted rate of fifty percent (50%). Tier II applicants shall be charged costs of custodial and other services provided by District employees necessitated by the applicant’s use.
- Tier III – Discounted Facilities Charge
Tier III rates are available to nonprofit groups, defined as an organization that has been granted 501(c) (3) status under the Internal Revenue Code, other public entities and school connected neighborhood or community based organizations. Tier III applicants pay the published use permit fee and shall be assessed direct facilities use costs at a discounted rate of ninety percent (90%). Tier III applicants are charged all costs of custodial and other services provided by District employees necessitated by the applicant’s use of the school facilities and/or grounds of the District.
- Tier IV – No Exemptions or Discounts
Tier IV rates are charged to any private or commercial activity that does not meet the criteria set forth in Tiers I, II or III. Tier IV applicants pay the published use permit fee and the direct facilities costs set forth in the published fee schedule. Tier IV applicants are also charged all costs of custodial and other services provided by District employees necessitated by the applicant’s use of the school facilities and/or grounds of the District.
Groups in any tier level are subject to additional charges if their use causes damage to or loss of District or school-site supplies and/or equipment, requires special maintenance or special accommodations, or if their use requires additional District personnel or work hours to be assigned (e.g., weekend, holidays, or other days when the facility may otherwise be closed).
No group shall be allowed to use District facilities until a Facility Use Permit application has been approved by the District, and, if applicable, the group has agreed to pay assessed charges.
No Facility Use Permit will be issued when it has been determined that approval of the use of facilities would not be in the best interest of the District. Therefore, no group providing activities for school age children shall be granted a permit to use District facilities during instructional time.
The Superintendent, or his/her designee, may revoke a Facility Use Permit at any time if the District believes that the use of facilities is not in the best interest of the District, that the permittee is not using District facilities in a responsible manner or in accordance with District policy.
No group or organization is authorized to fundraise on school facilities or grounds without prior approval from the District in accordance with Board Policy 1321.
Legal Reference:
EDUCATION CODE
10900-10914.5 Community recreation programs 32282 School safety plan 37220 School holidays
38130-38138 Civic Center Act: use of school property for public purposes
BUSINESS AND PROFESSIONS CODE 25608 Alcoholic beverage on school premises
MILITARY AND VETERANS CODE 1800 Definitions
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 Connell v. Higgenbotham, (1971) 403 U.S. 207
ACLU of So. Calif. 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.AttyGen. 90 (1999)
79 Ops. Cal.Atty. Gen. 248 (1996)
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.