Can a Public School Principal give special use privileges to a private club?

[Justakidsmom]

State: California
Is it legal for a public school Principal to make an agreement with a private club (a club that charges a fee to join), giving them exclusive privileges to use the public school's tennis courts on the weekend? This private club is for adults only and is ran by a city council member although the city has nothing to do with the club. Because of this agreement, no one else is allowed to use the courts when they are there. I'm asking this question because we have a couple of tennis coaches that would like to volunteer their time to provide training and instruction to our kids that are on the school tennis team as well as any one who wants to join the fun. These coaches are only available on Saturdays, the day the private club has "private privileges". A group of "tennis kids parents" are going to be meeting with the Principal so we'd like to know what we can do, if anything to get access to the courts on the weekends. Thank you.

 

[Zigner]

What did the superintendent say?

 

[Justakidsmom]

Not yet made an appointment with the Superintendent. Rumor has it that the Superintendent was involved in making a "behind the doors" agreement as well. Don't know if that's true, we wanted to see what position the Principal is taking with all this. Then go from there. We would like to find out if granting a private club "exclusive priviledges" is even legal. And if two people have the power to do this with our public school facilities, then what can our community do to changes this? Our group knows that with some work, we can get hundreds of signatures requesting the courts be made available to the kids. Don't know if that will even do any good, but its a way to get some community awareness of the issue. Suggestions?

 

[Zigner]

Not yet made an appointment with the Superintendent. Rumor has it that the Superintendent was involved in making a "behind the doors" agreement as well. Don't know if that's true, we wanted to see what position the Principal is taking with all this. Then go from there. We would like to find out if granting a private club "exclusive priviledges" is even legal. And if two people have the power to do this with our public school facilities, then what can our community do to changes this? Our group knows that with some work, we can get hundreds of signatures requesting the courts be made available to the kids. Don't know if that will even do any good, but its a way to get some community awareness of the issue. Suggestions?

I suggest you speak to the superintendent (btw, yes, I believe it's legal)

 

[CdwJava]

Is there a law or school or district policy prohibiting outside organizations from reserving time on the courts? it could be they are paying the school for the privilege.

If the tennis team is not having a regularly scheduled practice, and the school has not set the time aside for on-your-own practice, then the school has every right to rent, loan, or open up facilities for outside use.

High schools lease or provide sole use of facilities for all manner of things. my local high school provides a pool for the exclusive use of a private swim team, another town's high school swim team, and a city swim program. The basketball courts at the schools are likewise given out for the exclusive use of private organizations such as AAU, as well as a Parks and Rec. program.

As long as the local rules have been adhered to, I see no legal issues with this. Now, you might consider approaching the school board and request that new rules be written up that limit the time private organizations can use the facilities, but, from what you describe the activity you support is a catch-as-catch-can program where some kids might show up and some parents might be doing some teaching. If they set up a regular program with set days and times, and did this through the tennis team, they might be able to get some headway.

So, speak to the superintendent and then the school board if need be. But, the school can (almost certainly) provide the exclusive use of its facilities to outside organizations.

 

[ariastar]

If some private coaches should be able to reserve time on a public school's tennis courts, why shouldn't a private club be able to do the same?