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PROHIBITED ACTS

An officer or employee of the School who is acting or purporting to act in an official capacity may not, because of a person's race, religion, color, sex, or national origin:

  1. Refuse to permit the person to use facilities open to the public and owned, operated, or managed by or on behalf of the School;
  2. Refuse to permit the person to participate in a program owned, operated, or managed by or on behalf of the School;
  3. Refuse to grant a benefit to the person; or
  4. Impose an unreasonable burden on the person.

Civil Practices and Remedies Code 1406.001(a)

FACILITIES USE

The Board may lease or allow the use of some or all of the physical facilities of the School to:

  1. any organization, group, or individual for the prevailing market rate; or
  2. a federal or state agency, a unit of local government, a nonprofit organization, a school employee, or an individual member of the general public for less than the prevailing market rate if the Board determines that sufficient public benefit will be derived from the use.

Education Code 30.022(j)

The use of the physical facilities of the School is limited to educational, recreational, civic, or social activities, when these activities do not conflict with School use or with this policy. 

For purposes of this policy, "facilities" shall refer to the School’s physical plants; that is, classrooms, gymnasiums, cafeterias, and the like.  The term shall not apply to buses, billboards, and other such School property.

Organizations or individuals using school facilities shall release the School from liability for personal injury and/or damages to personal property.  All groups using school facilities shall be responsible for the cost of damages incurred during their use.

Privileges may be withdrawn from any person or organization who violates rules, serves as an inappropriate role model for students, or otherwise poses a threat to the safety and well-being of students.

FORUM FOR COMMUNICATION

TSBVI may create a public forum of a place or channel of communication for use by the public at large for assembly and speech, for use by certain speakers, or for the discussion of certain subjects. Perry Educ.  Ass’n v. Perry Local Educators’ Ass’n, 460 U.S.37 (1983); Chiu v. Plano Indep. Sch. Dist., 260 F.3d 330 (5th Cir. 2001)

TSBVI is not required to allow persons to engage in every type of speech when the School establishes a limited public forum; TSBVI may be justified in reserving its forum for certain topics. TSBVI shall not discriminate against speech on the basis of viewpoint, and any restriction must be reasonable in light of the purpose served by the forum.  Good News Club v. Milford Cent. Sch., 533 U.S. 98 (2001); Lamb’s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384 (1993)

Fees for use

The Board may set and collect rentals, rates, and charges from students and others for the occupancy or use of any of the School’s facilities, in the amounts and manner determined by the Board.

Education Code 45.033

PROCEDURES

The Superintendent shall develop procedures to implement this policy which include a fee schedule for leasing school facilities.

REPORT TO BOARD

The Superintendent will provide to the Board of Trustees at each regularly scheduled meeting of the Board a list of all organizations, agencies, and individuals that have used the school facilities.

RIGHT TO PRESERVE USE

The School, like a private property owner, may legally preserve the property under its control for the use to which it is dedicated.

Lamb's Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384, (1993)

PATRIOTIC SOCIETIES

The School shall not deny equal access or a fair opportunity to meet, nor discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code (as a patriotic society), that wishes to conduct a meeting within that designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed as a patriotic society.

The United States secretary of education may issue and secure compliance with rules or orders with respect to the School and school districts that receive federal funds and that deny equal access, or a fair opportunity to meet, or discriminate, as described above.  If the School does not comply with the rules or orders, no funds made available through the Department of Education shall be provided to the School.

“Youth Group”

“Youth group” means any group or organization intended to serve young people under the age of 21.

Limited Public Forum

For purposes of this policy regarding Patriotic Societies the School has limited public forum whenever the School grants an offering to, or opportunity for, one or more outside youth or community groups to meet on School premises or in School facilities before or after the hours during which attendance at the School is compulsory.

Sponsorship

Nothing in this policy shall be construed to require the School to sponsor any group officially affiliated with the Boy Scouts of America, or any youth group listed as a patriotic society.

Boy Scouts of America Equal Access Act, 20 U.S.C. 7905

FACILITIES AS POLLING PLACES

The School shall make its buildings available for use as polling places in any election that covers territory in which the buildings are located.  If more than one authority requests the use of the buildings for the same day and simultaneous use is impractical, the School shall determine which authority may use the building.

Election Code 43.031(c)

No charge, including a charge for personnel, utilities, or other expenses incurred before or after regular business hours, shall be made for the use of a school building for a polling place if the day of the election is a day on which the building is normally open.  If the day of an election is a day on which the building is not normally open, a charge may be made only for the reimbursement of actual expenses resulting from use of the building in the election.

Election Code 43.033(a)

POLITICAL PARTY CONVENTIONS

The School shall not assess a charge for the use of a school building for a precinct, county or senatorial district convention, except for reimbursement for the actual charges resulting from use of the building for the convention.  The School shall provide an itemized statement of expenses to the reimbursing authority.

Election Code 174.0631

Adopted:          11/7/80

Amended:        1/26/90, 3/9/90, 5/31/90, 1/29/93, 8/1/97, 5/28/03, 5/25/05, 1/25/19

Reviewed:        1/24/02