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.”

For more information, read KMTG's full Legal Alert here.

Meghan Covert Russell

Join KMTG Attorneys at CSBA's Annual Education Conference!

Tomorrow, November 29th, marks the beginning of the 2012 Annual Education Conference of the California School Boards Association (CSBA).

KMTG has been proud to partner with CSBA over the years to provide the very best in education and training for CSBA members. This year's conference is being held in San Francisco and we're pleased to report that several KMTG attorneys were selected as speakers and panel participants.

KMTG attorney Roman Munoz is conducting a workshop entitled Leadership in Collective Bargaining -- Strategies for Success.  Check out the presentation on Saturday, December 1 from 8:30-9:45am at Moscone West.

Additionally, Addison Covert will be presenting two Table Talks on Friday, November 30 at Moscone West.  Addison, along with KMTG attorney Stacy Toledo, will discuss Planning for Your Successful 2013 Bond Election from 8:30-9:45am.  Addison and Meghan Covert Russell will review Your Charter School Responsibilities Under Proposition 39 from 10:00-11:15am.

If you are attending the CSBA meeting, you won't want to miss these insightful presentations by members of the KMTG Education group. We hope to see you there!

District Not Required To Locate Charter School At Its Preferred Location

In Los Angeles International Charter High School v. Los Angeles Unified School District (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., October 11, 2012), a California Court of Appeal considered the challenge by a charter school to a school district’s decision to provide facilities at a site other than the Charter’s preferred location.  The appellate court ruled that Proposition 39 requires only that school districts make “reasonable efforts” to place charter schools “near” their desired location but does not require districts to provide charter schools with the specific requested location.

For further analysis of the case please see our Legal Alert.

Meghan Covert Russell