USE OF USE OF SCHOOL FACILITIESSCHOOL FACILITIES

William Allan Kritsonis, William Allan Kritsonis, PhDPhD

OverviewOverview

Evolution of Evolution of school facility useschool facility use

Litigation over the Litigation over the use of school use of school

facilitiesfacilities

Evolution of School Facility Evolution of School Facility UseUse

The schoolhouse has evolved The schoolhouse has evolved significantly since its inception as a significantly since its inception as a

one-room, one-teacher building. one-room, one-teacher building. While much of the ideology remains While much of the ideology remains the same, the look of the physical the same, the look of the physical

facility and its status in the facility and its status in the community has gone through many community has gone through many

metamorphoses over the years. metamorphoses over the years. (Argon, 2001)(Argon, 2001)

Evolution of School Facility Evolution of School Facility UseUse

Access to health services Access to health services school-based primary health clinicsschool-based primary health clinics youth service programsyouth service programs community schoolscommunity schools

Access to home schooled studentsAccess to home schooled students Education, civic, cultural, and other Education, civic, cultural, and other

non-commercial uses non-commercial uses

Litigation - School Facility Litigation - School Facility UseUse

Involves an array of circumstances. Involves an array of circumstances. Although each circumstance is somewhat Although each circumstance is somewhat different, the violation of equal access to different, the violation of equal access to

use school facilities is the common thread. use school facilities is the common thread.

Smith v. Pewitt CISDSmith v. Pewitt CISD

The school district The school district rejected a request rejected a request by the pastor to by the pastor to use school use school facilities after facilities after hours to hold a hours to hold a dinner theatre that dinner theatre that included Christian included Christian drama and music. drama and music.

Smith v. Pewitt CISDSmith v. Pewitt CISD

A Preliminary A Preliminary Injunction in the Injunction in the case was issued - case was issued - clearing the way clearing the way for the pastor and for the pastor and church to use the church to use the facilities in the facilities in the future.future.

Colín v. Orange Unified School Colín v. Orange Unified School District District

Orange Unified Orange Unified School District School District Board formally Board formally denied an denied an application by the application by the gay-straight alliance gay-straight alliance (GSA) to become a (GSA) to become a recognized student recognized student club and to meet at club and to meet at El Modena High El Modena High School. School.

Colín v. Orange Unified School Colín v. Orange Unified School DistrictDistrict

A favorable A favorable settlement was settlement was reached. The GSA reached. The GSA was allowed to was allowed to keep its name and keep its name and was given the was given the same access to same access to school facilities as school facilities as all other student all other student clubs. clubs.

ReferencesReferencesAgron, J. (2001, June). Schools Agron, J. (2001, June). Schools

as centers of community. as centers of community. American American School & UniversitySchool & University, 73(10)., 73(10).

Alexander, K. & Alexander M. Alexander, K. & Alexander M. D. (2005). D. (2005). American Public School American Public School Law, 6th Ed.Law, 6th Ed. Belmont, CA: Thomson Belmont, CA: Thomson Publishing.Publishing.

Kemerer, F., Maniotis, L., & Kemerer, F., Maniotis, L., & Walsh, J. (2005). Walsh, J. (2005). The Educator’s The Educator’s Guide to Texas School Law, 6th EdGuide to Texas School Law, 6th Ed. . Austin, TX: University of Texas Austin, TX: University of Texas Press. Press.

Thank You For Your Thank You For Your AttentionAttention