Legislature Expands Definition of "Direct Cost" Relating to Reimbursement for Use of Civic Center Act Facilities


SB 1404 expands the scope of direct costs that school districts can recover for allowing Civic Center use of its facilities. The new legislation, which went into effect January 1, 2013, amends Education Code section 38134, known as the Civic Center Act, which allows the governing board of a school district to authorize the use of school facilities or grounds under the district’s control to certain organizations or clubs. In making these changes to the Civic Center Act, the Legislature declared that it intended to “encourage all school districts to maximize opportunities to make available and accessible public school facilities and grounds to their communities as civic centers.”

SB 1404 notes that it was the intent of the Legislature to amend the Civic Center Act in order to “authorize a school district to charge an organization using school facilities or grounds an amount proportional to the organization’s use of the school facilities or grounds to maintain, repair, restore, and refurbish the school facilities or grounds and to limit the proportional costs related to maintenance, repair, restoration, and refurbishment to only a school’s nonclassroom space and grounds.”

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