15-1105

15-1105. Lease of school property; civic
center school fund; reversion to school plant fund;
definitions

A. The governing board, or the superintendent or chief administrative officer with
the approval of the governing board, may lease school property, including school
buildings, grounds, buses and equipment to any person, group or organization for any
lawful purpose, including recreational, educational, political, economic, artistic,
moral, scientific, social, religious or other civic or governmental purpose in the
interest of the community, including extended day resource programs. The governing board,
superintendent or chief administrative officer shall charge a reasonable use fee for the
lease of the school property, which fee may include goods contributed or services
rendered by the person, group or organization to the school district.

B. The governing board, or the superintendent or chief administrative officer with
the approval of the governing board, may permit the uncompensated use of school
buildings, grounds, buses, equipment and other school property by any school related
group, including student political organizations or by any organization whose membership
is open to the public and whose activities promote the educational function of the school
district as determined in good faith by the school district's governing board, or the
superintendent or chief administrative officer with the approval of the governing board,
including extended day resource programs, except as provided in section 15-511.

C. A person, group or organization that is otherwise eligible to lease school
property shall not be denied use of or charged differentiated fees for school property on
the basis of the person, group or organization's beliefs, expression of beliefs or
exercise of the rights of association that are protected under the laws of this state,
the Constitution of Arizona, the laws of the United States or the United States
Constitution.

D. The governing board shall annually approve a fee schedule for the lease of
school property. The fee schedule shall include a designation of the persons, groups or
organizations that shall have uncompensated use of the school property, and a procedure
for determining the value of goods and services being provided as compensation for the
use of school property. The governing board, superintendent or chief administrative
officer shall require proof of liability insurance for such use or lease of school
property.

E. Except as provided in section 15-1102, monies received for and derived from the
use or lease of school property under this section shall be promptly deposited with the
county treasurer who shall credit the deposits to the civic center school fund of the
respective school district. Monies placed to the credit of a civic center school fund
may be expended for civic center school purposes by warrants drawn upon order of the
school district governing board, or the superintendent or chief administrative officer
with the approval of the governing board. The civic center school fund of a school
district or multiple school district civic center school program is a continuing fund not
subject to reversion, except upon termination of a civic center school program. Upon
termination of a civic center school program any remaining funds shall revert to the
school plant fund of the school district or districts.

F. For the purposes of this section:

1. "Educational function" means uses that are directly related to the educational
mission of the school district as adopted by the school district governing board and
includes parent-teacher organizations, youth organizations and school employee
organizations.

2. "Extended day resource programs" means activities offered on school property
before or after school or at times when school is not customarily in session for children
who are of the age required for kindergarten programs and grades one through eight. The
program may be offered for children who are of the age required for a kindergarten
program or for one grade or for any combination of kindergarten programs and
grades. Activities may include physical conditioning, tutoring, supervised homework or
arts activities.

3. "Reasonable use fee" means an amount that is at least equal to the school
district's cost for utilities, services, supplies or personnel that the school provides
to the lessee pursuant to the terms of the lease.