Kokua Line
Kokua Line
Question: While driving by Kalani High School one Sunday morning, I noticed some activity in the batting cage. I inquired if my children could participate in this activity and was told that it would cost $35 per child (since upped to $45), five in a group, for a half an hour. I did not know this type of commercial activity could take place unless it was run by the school. Is this a legal activity to be held on public school grounds? I thought activities held on public property had to made available to the general public. School grounds available for
commercial activitiesAnswer: The operator pays a fee to use the school's facilities, said Kalani High Principal Randi Porras-Tang.
However, she said the arrangement initially had been an informal one made through coaches at the school and that correct procedures had not been followed. A formal agreement has since been signed, she said.
The man had worked with the coaches "and with our kids also," Porras-Tang said, explaining the connection. "Part of it is that he does this as a business, but the other part is that he works with our kids."
The Department of Education's administrative rules allow public school facilities to be used by outside groups, including commercial enterprises that charge a fee. The general policy is: "All public school buildings, facilities, and grounds shall be available for general recreational purposes and for public and community use whenever these activities do not interfere with the normal and usual activities of the school and its pupils as provided by law."
Porras-Tang said the operator assesses a fee depending on how much a family can afford. "If you can afford it, then you pay. If you have free, reduced lunch or your (family) income is really low, he does a graduated fee also," she said.
In this case and in any other case of someone renting Kalani's facilities, "We tell them if we have something that our kids need to do, then they've got to go. In other words, if our baseball team has to use it, he has to go ... Our activities always come first."
Rental fees and service charges are determined by the DOE and are meant to recover costs of using a facility.
There are three categories of use: Type I covers DOE, school- sponsored and school-related activities.
Type II covers government agencies, nonprofit community educational or recreational activities, youth clubs, athletic teams, labor organizations or service clubs involved in general recreational activities, community affairs, or public hearings for which there is no admission fee charged, collection taken or offering received. Also falling under Type II use would be nonprofit student child-care activities even if there is a charge.
Type III covers government agencies, community groups, churches, business enterprises, labor unions or individuals who charge participants a fee or tuition, collect donations, contributions or offerings; or conduct fund-raising activities, or meetings or services to promote a business, product or religion.
Type I and II users do not pay rental fees, but are assessed service charges. Type III users pay both.
A school principal or designee is responsible for collecting the fees and charges, which are deposited into a special fund. Statutory special fund assessments are first deducted from the rental fees, then 70 percent of the rental fees is credited to the school and 30 percent to the district. Meanwhile, 100 percent of charges for custodial services and utilities goes to reimburse the custodial and the utilities account of the school.
Mahalo
To the honest individual who found my ATM card and turned it in to First Hawaiian Bank's Makiki Branch. I am most thankful for your honest and considerate action which saved me a whole lot of grief. -- LML
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