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Nonprofit Law/public school use in california


what is the statue for the use of the facilities of a public school for a non profit organization like cub scouts? Is there a fee related to its use? IF so, is for so many hours or the time when a custodian has to be on site.

I have in my profile that this free forum is only for general questions about IRS federal exemption issues of 501(c)(3) organizations. Your issues are controlled by state law and states may differ somewhat with how they would treat such issues. Even though this forum is not for such state law issues, I may be able to direct you.

Education Code 38134 provides
--- Start of Excerpt ---
 (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.

(b) Except as otherwise provided by law, a governing board may
charge an amount not to exceed its direct costs for use of its school
facilities or grounds. A governing board that levies these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs.

...   (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 be limited to, playing fields, athletic fields,
track and field venues, tennis courts, and outdoor basketball courts.

--- End of Excerpt ---

Harvey Mechanic, Attorney at Law -

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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