Section 38138 Of Article 2. Use Of School Property From California Education Code >> Division 3. >> Title 2. >> Part 23. >> Chapter 4. >> Article 2.
38138
. Notwithstanding the provisions of this article or any other
provisions of law, when a nonpartisan charitable organization
organized under the laws of this state has constructed or will
construct, subject to the provisions of Article 3 (commencing with
Section 39140) of Chapter 2 of this part, a school athletic and youth
center facility at no cost to a school district, upon a
school-district-owned site to be owned by and for the benefit of the
school occupying the site, the governing board of the school
district, in accepting the donation and prescribing the conditions
and restrictions with respect thereto, may permit the general use of
the facility under the provisions of this article for specified
supervised recreational activities which are sponsored by or
conducted by the donor organization, and may also permit the donor
organization to use the facility for this purpose at times when the
facility is not being used by the school district for the educational
program and related school activities of the designated beneficiary
school, unless the use and occupancy of the facility by the donor
organization would otherwise interfere with the regular conduct of
the school. Any use granted to the donor organization shall, however,
immediately and forever terminate if the donor organization denies
the use of the facility to any person because of their race,
religion, creed, national origin, ancestry, or sex.
This section shall apply only to elementary school districts in
San Diego County which had an average daily attendance of 425 or less
during the 1970-71 school year, and which, during the 1970-71 school
year, had a modified assessed valuation per pupil in average daily
attendance of between forty-five thousand dollars ($45,000) and fifty
thousand dollars ($50,000).