Civic Center ActTitle 5 regulations implementing Education Code Section 38134
Senate Bill (SB) 1404 (Chapter 764, Statutes of 2012) amended Education Code Section 38134 to expand the definition of direct costs that a school district may charge for the use of school facilities or grounds. In September 2013, the State Board of Education commenced a rulemaking process to adopt regulations implementing SB 1404.
The regulations were adopted by the State Board of Education on March 13, 2014 and approved by the Office of Administrative Law on May 5, 2014. New California Code of Regulations, Title 5, sections 14037 through 14042 establish a consistent method by which school districts will calculate fees for the use of school facilities or grounds by outside entities. These regulations went into effect on July 1, 2014.
The California Department of Education (CDE) has created a sample calculation(XLS) that school districts may use as a model for calculating direct costs and the proportionate share charged to outside entities. Each school district is responsible for determining the direct costs used in this model. While the calculated fees will represent the maximum amount a school district is authorized to charge, a school district is not precluded from electing to charge less, or to assess no fee at all.