The Civic Center Act authorizes, and in some cases requires, the governing board of a school district to allow the use of school facilities or grounds as a civic center, for specified community purposes.
On October 1, 2025, Governor Newsom signed AB 503, which was enacted as an urgency statute to restore the expanded definition of direct costs that sunset on January 1, 2025. AB 503 also requires that funds collected for maintenance, repair, restoration, and refurbishment be deposited into a special fund, to be used only for those specified purposes.
Section 1.
Education Code Section 38134 is amended to read:.
- (a)
- (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an
association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:- (A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B) A parent-teacher association.
(C) A school-community advisory council.
(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than
sixty dollars ($60) per month.
- (A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
- (2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities
of the school district, as determined by the governing board of the school district.
- (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an
- (b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies 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 a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, 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 a 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 organization an amount at least equal to the school district’s direct costs.
- (e) In the case of entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
- (f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
- (g) As used in this section:
- (1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following:
- (A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate
and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section. - (B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
- (i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field
venues, tennis courts, and outdoor basketball courts. - (ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
- (I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
- (II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
- (iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
- (i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field
- (A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate
- (2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
- (1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following:
(h)-
- (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or
grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using
the school facilities or grounds under this section 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.
- (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or
- (2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not 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 an injury caused by a dangerous condition of public property.
- (2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the
Section 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for school districts to provide safe and high-quality public spaces as soon as possible, it is necessary that this act take effect immediately.
Source:
AB-503 School Facilities: Civic Center Act: direct costs