AGO 000005848.

• Case Date: January 20, 1983
• Court: Mississippi

Mississippi Attorney General Opinions 1983. Current through 1983 Legislative Session AGO 000005848. 1983-32: January 20, 1983 DOCN 000005848 DOCK 1983-32: AUTH Susan L. Runnels DATE 19830120 RQNM Hon. Will A. Hickman SUBJ Schools - Property SBCD 190/209/180/179 TEXT Hon. Will A. Hickman Attorney for the Board of Trustees Oxford Municipal Separate School District Post Office Box 430 Oxford, Mississippi 38655 uses which may not? In addition, pursuant to 37-7-301(k) what is the definition and limits of the term "public meetings and gatherings of the people" contemplated by said statute? Are there particular uses which the School Board may authorize for particular groups and if so, what uses and what groups are both included and excluded from such authorization pursuant to statute? In essence, what are the limits of the regulations which the School Board may prescribe in authorizing the use of school buildings and grounds for the holding of public meetings and gatherings? Under both subsections above, is the School Board limited to the authorization of the use of the property under its care to "education oriented meetings and matters", or may it allow the use of school property for non-education events? If so, what are the limits of its authority in this regard. Are there particular non-education uses which the School Board may not authorize the use of its facilities for, and if so, which ones? Mississippi Code Annotated 37-7-301 provides: The boards of trustees of school districts shall have the following powers, authority, and duties in addition to all others imposed or granted by law, to wit: * * * (c) To be the custodians of the school property and to manage, control, and care for same, both during the school term and during vacation; * * * (k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said board; Your first inquiry is whether 37-7-301(c) authorizes a board of trustees to rent, lease or allow the use without charges to individuals, groups, etc. Section 37-3-301(c) does not allow for the charging of rental or lease fees for use, but under 37-7-451 through -457 and 37-7-471 through- 483 school districts may sell, lease, convey or otherwise dispose of property when the school...