ISSUE:

Should the Board of Education accept the Review of the Facilities Use Program Recommendations by School Services of California, Inc. and Related Fee Schedule effective November 1, 2021?

INFORMATION:

With a goal to balance the mandate for the public use of school facilities, while maintaining appropriate and safe use of the facilities, with as minimal a liability impact to the district as possible, [under EC § 38131(b)] a governing board of a school district may grant the use of school facilities and grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in the statute.

The board, among other things, must ensure that appropriate indemnification and adequate insurance is established; the costs are outlined (both direct and indirect [such as liability insurance]) and who pays for each itemized cost (i.e., the district or the user); and the methodology for calculating the established fees. Governing boards have some flexibility to impose terms and conditions necessary in order to protect the school district itself and the students and other users of their facilities but are subject to restrictions in the law.

At the direction of the Board of Education, the District requested a third party conduct a facility use program review. The District contracted with School Services of California. School Services of California (SSC) is a well-known business, financial, management, and advocacy resource for educational agencies in California. The purpose of the study was to conduct a review of the Program fee schedule, Board of Education and operational policies, and existing facilities agreements as it pertains to the use of District facilities, as well as a comparison of these items to the fee schedules and Board and operational policies at ten identified comparative unified school districts and make recommendations.

SSC has the following recommendations for the District:

Limit how far in advance a request can be submitted.
1. Create two cycles: first cycle opens May 15 for July 1 - December 31, and the second cycle opens November 15 for January 1 - June 30.
Require users with recurring activities to submit an established schedule clearly listing the dates of their activities and allow reservations only for those dates.
1. All users must submit established dates and times for all reservations.
Limit the number of times a user is allowed to miss or cancel a reservation for the use of facilities and/or grounds.
1. Two or more missed or canceled reservations without a 7 business day notice will result in a charge of $25 per. Five or more missed or canceled reservations without notice in a school year and the District will have the right to deny future requests for that user group. Current procedure: Reservations must be submitted at least 14 days in advance of proposed use.
Change the locks to all the facilities and/or grounds for which third parties have keys.
1. Change locks to facilities or;
2. Alternative: Direct all user groups to return all keys to District facilities. Users failing to return keys and accessing District property without prior authorization shall lose facility rental privileges for that organization.
Clearly define tiers to more explicitly create a distinction between those nonprofits charging more than the $60 nominal fee referenced in the Education Code 38134, as well as those that charge admission or a contribution is solicited, and the net receipts are not used to benefit the welfare of students of the school district or for charitable purposes. The distinction should make it clear that those nonprofits will be charged FRV similar to private and commercial groups.
1. Revise tier structure to reflect SSC recommendations.
Adjust the fee structure—to the extent allowed by law—for those facility types where the District is charging less than the comparative group.
1. Revise the fee schedule to reflect SSC recommendation.
Charge for custodial time during regular working hours.
1. Custodial time to be charged for rentals if additional duties require custodians to work additional hours. District has the right to determine the number of custodians required for an event depending on size, type, location, etc.
Minimum hourly requirement.
1. 2-hour minimum requirement for all rentals.
Dispense with the legacy rate for select users.
1. All users to pay the same rate for stadium use as per the fee schedule.
Rescind the ability of a user to rent fields or courts for a “season”.
1. Eliminate the “season” rate; all users submit actual dates and times and pay scheduled fees for requested use or;
2. Define “season” by specific sport and/or set time (months, hours, and days of the week), ensuring the District is recouping its costs for the time period and time frame determined.
Clarify that the hourly rate for the fields is per field.
1. Field use to be noted as “per”.
Address liability issues regarding third parties performing maintenance work without District supervision.
1. Bring maintenance work in-house or;
2. Enter into facility use agreements to formalize the unwritten agreements and practices and manage inherent liabilities.

Note: District administration is grateful for the report and the guidance it has supplied, however, recognizes the potential impact on user groups and is prepared to discuss some alternatives to the fee schedule that may better support or lessen the financial impact on our community groups while protecting the District. This could include establishment of a "weekend facility campus safety assistant/representative" from the District. A conversation item (Exhibit AA) is included as a reference for potential discussion.

ALTERNATIVES:

Accept the recommendations as presented.
Discuss alternatives and accept the recommendations with modifications.
Reject all recommendations, with a different course of action (please specify).

FISCAL IMPACT:

Varies dependent on use

Respectfully submitted,

Mark W. McLaughlin, Ed.D.

Superintendent

Prepared by,

Victor P. Hayek, Ed.D.

Deputy Superintendent, Business Services

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