Chapter 10Community Recreation Programs

Section § 10900

Explanation
This law aims to enhance the health and well-being of people in the state by offering community recreation programs. It empowers various local government entities like cities, counties, and school districts to organize and promote these recreational activities, benefiting both children and adults as part of general educational and recreational goals.
The purposes of this chapter are:
(a)CA Education Code § 10900(a) To promote and preserve the health and general welfare of the people of the state and to cultivate the development of good citizenship by provision for adequate programs of community recreation.
(b)CA Education Code § 10900(b) To authorize public corporations or districts having powers to provide recreation, cities, counties, cities and counties, and school districts to organize, promote, and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the state.
community recreation health and well-being citizenship development public corporations local government entities children and adults recreational activities educational objectives programs of community recreation cities and counties school districts general welfare recreational goals organize programs promote recreation
(Amended by Stats. 1990, Ch. 1372, Sec. 89.)

Section § 10900.5

Explanation

Even though there are rules in this chapter, if a school district used to let nonprofit organizations use school buses for community recreation before this law started, they can keep letting them do so following their previous practices and guidelines.

Notwithstanding the provisions of this chapter, school districts which, prior to the effective date of this section, have interpreted their authority as permitting the use of school buses by nonprofit organizations for purposes consistent with community recreation may continue to permit this use under established practices, policies, and procedures.
school buses nonprofit organizations community recreation school districts established practices policies procedures use of school buses community engagement transportation for events
(Added by Stats. 1983, Ch. 341, Sec. 1. Effective July 25, 1983.)

Section § 10901

Explanation

This law section defines several terms related to public and community recreation in California. It specifies that 'public authority' includes cities, counties, and school districts that can provide recreational activities. The 'governing body' is the decision-making board for these authorities, like a city council or school board. 'Recreation' involves activities promoting physical and mental growth, including arts, sports, and nature activities. 'Community recreation' refers to activities under public authority control or sponsored by nonprofits, especially for disadvantaged or handicapped children in small counties. 'Nonprofit organizations' are defined as those unable to afford transportation for such children to activities. A 'recreation center' is any facility overseen by a public authority for recreational use, like parks or playgrounds, even if used mainly for other purposes.

The following terms, wherever used or referred to in this chapter have the following meanings, respectively, unless a different meaning clearly appears from the context:
(a)CA Education Code § 10901(a) “Public authority” means any city of any class, city and county, county of any class, public corporation or district having powers to provide recreation, or school district in the state.
(b)CA Education Code § 10901(b) “Governing body” means, in the case of a city, the city council, municipal council, or common council; in the case of a county or city and county, the board of supervisors; in the case of a public corporation or district, the governing board of the public corporation or district; and in the case of a school district, the governing board of the school district.
(c)CA Education Code § 10901(c) “Recreation” means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any of them, and any informal play incorporating any such activity.
(d)CA Education Code § 10901(d) “Community recreation” and “public recreation” mean the recreation as may be engaged in under direct control of a public authority, or any camping or outdoor recreation activity which is (1) sponsored by a nonprofit organization, (2) for the benefit of disadvantaged or handicapped schoolage children, and (3) in a county with a population less than or equal to 45,000 according to the most recent federal census.
(e)CA Education Code § 10901(e) “Nonprofit organization” means those nonprofit organizations which, as determined by the governing board of the school district, are unable to pay for the private transportation of disadvantaged or handicapped schoolage children to recreation activities.
(f)CA Education Code § 10901(f) “Recreation center” means a place, structure, area, or other facility under the jurisdiction of a governing body of a public authority used for community recreation whether or not it may be used primarily for other purposes, playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, gymnasiums, auditoriums, libraries, parks adjacent to school sites, recreational community gardens, rooms for arts and crafts, camps, and meeting places.
Playgrounds, outdoor playing fields or courts, swimming pools, and camps, with necessary equipment and appurtenances for their operation, under the jurisdiction of a governing board of a public authority used for community recreation shall be considered recreation centers within the meaning of this chapter whether or not they may be used primarily for other purposes.
public authority governing body community recreation public recreation nonprofit organization recreation center disadvantaged children handicapped children city council board of supervisors school district governing board visual and performing arts outdoor recreation community gardens recreational activities
(Amended by Stats. 2001, Ch. 734, Sec. 7. Effective October 11, 2001.)

Section § 10902

Explanation

This law section allows public authorities to manage community recreation by organizing programs, establishing playgrounds, and operating recreation centers. They can build and maintain these facilities even outside their own boundaries. Events that charge admission are not generally allowed, unless they are amateur sports, demonstrations, exhibits, or educational in nature.

The governing body of every public authority may do all of the following:
(a)CA Education Code § 10902(a) Organize, promote, and conduct programs of community recreation.
(b)CA Education Code § 10902(b) Establish systems of playgrounds and recreation.
(c)CA Education Code § 10902(c) Acquire, construct, improve, maintain, and operate recreation centers within or without the territorial limits of the public authority.
No events for which an admission price is charged shall be held pursuant to this chapter, except amateur athletic contests, demonstrations, or exhibits and other educational events.
community recreation playgrounds recreation centers amateur athletic contests educational events public authority admission price territorial limits recreation programs facility management
(Amended by Stats. 1987, Ch. 1452, Sec. 76.)

Section § 10902.5

Explanation

If someone intentionally and without a good reason stops or messes with people using a recreation center, they can be fined up to $200.

Any individual who willfully, and without just cause, interferes with or disrupts the recreational activities of individuals, groups, or entities granted the use of a recreation center by a governing body is guilty of an infraction, and shall be punished by a fine of not more than two hundred dollars ($200).
interferes disrupts recreational activities recreation center governing body infraction fine two hundred dollars
(Added by Stats. 1984, Ch. 422, Sec. 1.)

Section § 10903

Explanation

This law allows the county board of supervisors to transfer some or all of its responsibilities to the county board of education. They can make an agreement to let the county board of education take over certain duties.

Upon the transfer of duties and functions of the county board of supervisors to the county board of education, the county board of supervisors may provide by agreement with the county board of education that the county board of education will perform all or any portion of the duties and functions of the county under this chapter.
county board of supervisors county board of education transfer of duties agreement functions transfer education governance county responsibilities collaborative agreement delegation of duties education administration county functions supervisors' responsibilities operational transfer local government educational roles
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10904

Explanation

Public recreation centers can allow parent cooperative nursery groups to use their facilities as long as it doesn't stop the general public from enjoying the space. These nursery groups are made up of licensed parents who run nonprofit programs for preschool children without discriminating against anyone.

A public authority may permit the use of a recreation center or facility by parent cooperative nursery groups on a nonexclusive and nondiscriminatory basis when such use does not unreasonably impair or interfere with the right of the public to use the center or facility. As used in this section, a “parent cooperative nursery group” means a group of parents who (1) are licensed by a state agency; (2) on a nonprofit basis; (3) to provide recreation for their preschool age children; (4) on a nondiscriminatory basis.
public recreation centers parent cooperative nursery groups nonexclusive use nondiscriminatory basis public access preschool recreation nonprofit children's programs licensed by state agency facility usage parent groups
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10905

Explanation

This law allows local government bodies, like city councils or park authorities, to work together with each other or with federal agencies to achieve shared goals related to recreation facilities. They can create agreements, take cooperative actions, and implement systems for managing or improving places like campgrounds. If their areas overlap or are next to each other, these authorities can jointly develop and manage recreational spaces, combining resources and efforts for better community services.

The governing body of any public authority may cooperate with the federal government or any department thereof, and the governing bodies of any two or more public authorities may cooperate with each other or with the federal government or any department thereof to carry out the purposes of this chapter, and to that end may enter into agreements with each other, and may do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of this chapter, or to establish, improve or maintain campgrounds or other recreation facilities under the control of the federal government or any department thereof.
The governing bodies of any two or more public authorities having jurisdiction over any of the same territory or over contiguous territories may jointly establish a system or systems of recreation, and may jointly do any act which either is authorized to do under Section 10903. Nothing in this chapter shall be construed to prohibit any joint or cooperative action authorized by this section.
public authority cooperation federal government partnership recreation facilities joint agreements campground management territory jurisdiction recreation systems intergovernmental cooperation community services enhancement contiguous territories
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10906

Explanation
This law allows the governing board of certain high school districts in specific Californian counties to work with local nonprofit groups. They can collaborate on projects like building and running recreation centers on school district property, as long as these centers serve the community and the school board doesn't pay more than half of any project's total cost.
The governing board of any union high school district located in a county of the third class which had an average daily attendance during the 1971–72 school year of between 17,500 and 18,500, and which, during the 1971–72 school year, had a modified assessed valuation per pupil of between twenty-one thousand dollars ($21,000) and twenty-three thousand dollars ($23,000), may cooperate with community nonprofit associations and corporations to carry out the purposes of this chapter including the acquisition, construction, improvement, maintenance, and operation of recreation centers within the territorial limits of and under the control of the governing board, and may enter into agreements with such nonprofit associations and corporations to share the costs of acquiring, constructing, improving, maintaining, and operating such recreation centers located on the property of the school district, provided that the board does not agree to contribute more than one-half the total cost of any one project.
union high school district nonprofit associations recreation centers community collaboration project funding limit school district property third class county 1971–72 school year assessed valuation cost-sharing agreements
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10907

Explanation

This law allows a public authority, like a city or county government, to assign existing personnel or create a special board to handle recreation-related duties. School districts have the option to appoint members from their board or staff to participate in these recreational activities as well.

The governing body of any public authority other than a school district may designate any already existing board, officer, or employee of the public authority to exercise the powers granted by this chapter to carry out the purposes of this chapter, or may provide for the appointment of a board of recreation commissioners to exercise these powers. A school district may appoint one or more members of the board of trustees, officers or employees, to represent the district on a board of recreation commissioners.
public authority board of recreation commissioners school district trustees officers employees recreation duties recreation board appoint members represent district recreation powers
(Amended by Stats. 1990, Ch. 1372, Sec. 91.)

Section § 10908

Explanation

This law sets the rules for a board of recreation commissioners. The board can have either five or seven members, as decided by the authorities in charge of appointing them. These members may be paid or not, depending on what the authorities decide. If they are paid, it's capped at $25 for one meeting a month. Additionally, the members may be reimbursed for travel expenses related to the board's activities.

The board of recreation commissioners shall consist of either five members or seven members, as determined by the governing body or bodies providing for its appointment, who shall serve with or without compensation at the discretion of the governing body. If compensation is authorized by the governing body it shall not exceed twenty-five dollars ($25) per meeting for not more than one meeting of the commission in any one calendar month. The governing body may provide that the members of the commission shall receive their actual and necessary traveling expenses to and from the place of meeting of the commission and while traveling in connection with the business of the commission.
recreation commissioners board members compensation governing body authority meeting reimbursement travel expenses appointment member compensation limit meeting frequency board structure seven members five members travel allowance calendar month limit commission travelling expenses
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10909

Explanation

This law says that the board of recreation commissioners or other designated authority in a public body should follow the rules and carry out responsibilities assigned by the public authority's governing body.

The board of recreation commissioners in each public authority, or the board, officer, or employee of the authority designated to exercise the powers, shall exercise such powers and perform such duties, pursuant to this chapter, as the governing body of the public authority may prescribe.
board of recreation commissioners public authority designated powers governing body duties exercise powers recreation public body authority board prescribe duties
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10910

Explanation

This law allows school districts to use their buildings, grounds, and equipment for community recreational activities as long as it doesn't interfere with the primary use of those facilities for school activities. It also allows school districts to let other public authorities use these facilities for the same purpose. This law doesn't change or limit any existing rules about how school buildings can be used under certain other specified sections.

The governing body of any school district may use the buildings, grounds, and equipment of the district, or any of them, to carry out the purposes of this chapter, or may grant the use of any building, grounds, or equipment of the district to any other public authority for the purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Nothing in this section is intended to repeal any provision of, or to restrict or otherwise affect the use of school buildings under Sections 40040 to 40058, inclusive.
school district facilities community recreational use public authority use interference with school activities building use permissions grounds use equipment use shared use policy educational facilities public school system facility sharing regulations
(Amended by Stats. 1990, Ch. 1372, Sec. 92.)

Section § 10911

Explanation

This law lets public authorities hire and pay people like recreational directors, supervisors, and other necessary staff to support public recreational activities. But if someone's job requires a teaching certification, their pay must come from the funds specifically set aside for teacher salaries.

Every public authority may appoint, prescribe the duties of, and provide for the compensation and necessary expenses of such recreational directors, supervisors, custodians, assistants, deputies, and other employees as it deems reasonably necessary for carrying out the provisions and purposes of this chapter. Only persons employed in positions requiring certification qualifications shall be paid out of funds set aside for the payment of teachers’ salaries.
public authority recreational directors supervisors custodians assistants deputies employment certification qualifications teachers' salaries public recreational activities compensation necessary expenses hiring guidelines staff duties salary funds
(Enacted by Stats. 1976, Ch. 1010.)

Section § 10911.5

Explanation

This law mandates that starting January 1, 1993, anyone working in public recreation programs who has direct contact with minors must submit their fingerprints to the Department of Justice before starting their job. This applies to programs that don't need a license as outlined in another health code. The Department of Justice will then send a summary of the individual's criminal record to the employer, which will include only convictions and arrests still in process. Employers must keep this information secure and separate from other employment files. The applicant might have to pay a fee for this background check, but the employer can choose to cover or reimburse this cost.

(a)CA Education Code § 10911.5(a) Commencing with January 1, 1993, every public recreation program employer shall require each employee having direct contact with minors to immediately submit, or in the case of a new employee, to submit on or before the first day of his or her employment, one set of fingerprints to the Department of Justice. This requirement is a condition of employment.
(b)CA Education Code § 10911.5(b) For the purposes of this section “public recreation program employer” means a public recreation program that is exempt from licensure pursuant to subdivision (g) of Section 1596.792 of the Health and Safety Code.
(c)CA Education Code § 10911.5(c) The Department of Justice shall furnish a criminal record summary to the public recreation program employer designated by an employee submitting fingerprints pursuant to subdivision (a). The criminal record summary shall contain only arrests resulting in a conviction and arrests pending final adjudication. The criminal record summary furnished to the public recreation program employer shall be maintained by the public recreation program employer in a secured file separate from personnel files.
(d)CA Education Code § 10911.5(d)  The Department of Justice may charge each applicant for a criminal record summary a reasonable fee to cover costs associated with the processing of the criminal record summary. In no event shall the fee exceed the actual costs incurred by the department. Nothing in this section prohibits the public recreation employer from paying the applicant charge or reimbursing the charge to the employee.
public recreation programs fingerprints employees with minors criminal record summary Department of Justice employment condition secured file health and safety code background check fee criminal convictions new employee requirements licensure exemption arrests pending adjudication employer reimbursement employment background check
(Added by Stats. 1992, Ch. 1097, Sec. 1. Effective January 1, 1993.)

Section § 10912

Explanation

This law says that a school district's governing body can charge fees to people or groups that want to use the school's recreational facilities or community recreation centers.

The governing body of a school district may require persons, other than students, or organizations desiring to use the recreational facilities on school grounds or belonging to a school or the facilities provided by the district at a community recreation center maintained solely by the district to pay fees for the use as the governing body may prescribe.
school district recreational facilities community recreation center use fees governing body facility rental organization use school grounds community center fee prescription non-student use facility access district facilities
(Amended by Stats. 1990, Ch. 1372, Sec. 93.)

Section § 10913

Explanation
School districts in California can charge fees to individuals or groups that want to use their school buses. These fees are set by the district's governing body.
The governing body of a school district may require persons or organizations desiring to use schoolbuses belonging to a school to pay fees for the use as the governing body may prescribe.
school district school buses fees governing body use of schoolbuses organizations persons fee prescription district transportation bus use regulations
(Amended by Stats. 1990, Ch. 1372, Sec. 94.)

Section § 10914

Explanation

This law states that any expenses a school district incurs to fulfill the goals of this chapter are paid from the district's funds, regardless of where those funds came from. These expenses should be handled like any other school-related expenditures. Additionally, this law does not alter how school grounds or buildings can currently be used, unless explicitly mentioned in this chapter.

All necessary expenses incurred by the governing body of any school district in carrying out the purposes of this chapter are a charge against the funds of the district from whatever source the funds have been received. All the expenditures shall be made in the same manner as funds are expended for other school purposes.
Nothing in this chapter shall be construed to change in any way existing laws regarding the use of school grounds or school buildings by governing boards of school districts, except as specifically provided in this chapter.
school district expenses funds allocation school expenditures use of school buildings use of school grounds district funds school district governing body education funding financial management in schools school district budgeting expenditure process governing boards existing laws on school property fiscal policies for schools
(Amended by Stats. 1990, Ch. 1372, Sec. 95.)

Section § 10914.5

Explanation

This section allows school districts to set up special bank accounts for community recreation programs. Each school can have its own account, or one account can be set up for the entire district. All money for these programs, no matter where it comes from, goes into these accounts, and the funds are used only for recreation-related expenses. A district employee is assigned to manage these accounts, ensuring that funds are deposited and spent properly, following the rules set by the school board.

The governing board of any school district may establish accounts for community recreation programs established in the schools of the district, in one or more banks. There shall be no more than one account established by a district for any one school in the district. If one account is established for all of the schools in the district which have community recreation programs, the account shall be known as “The Community Recreation Program Account of (insert name of district) District.”
All funds for the community recreation programs, from whatever source such funds are received, shall be placed in the appropriate Community Recreation Program Account established pursuant to this section, and all authorized community recreation expenses shall be paid therefrom. The governing board of the district shall designate an employee or employees of the district to have custody of the account or accounts, who shall be responsible for the payment into the account or accounts of all moneys required to be paid into the account or accounts, and for all expenditures therefrom, subject to such regulations as the governing board prescribes.
community recreation programs school district bank account authorized community expenses designated employee fund management school board regulations program funding custody of account expenditure oversight bank accounts for schools program account management
(Added by Stats. 1981, Ch. 112, Sec. 1. Effective June 29, 1981.)