Q&A: Renting Public School Facilities
Can a public school refuse to rent its building to a church?
Q&A: Renting Public School Facilities

Q: I pastor a church plant and am interested in renting a public school meeting space. Can public schools legally deny churches access to renting school facilities?

A: The answer to this question is complex, but the outcomes of other cases suggest there may be hope for your church plant.

However, your ability to do so largely depends on where you're located, and how long you intend to rent the school.

In terms of geography, here are at least three favorable rulings we've covered in recent years:

On the other hand, our colleagues at Christianity Today have followed a lengthy legal battle in New York City, where a court recently upheld the constitutionality of a policy to ban churches from renting public schools.

Even in locales where the rental of schools by churches is permitted, one other significant challenge remains: the length of use. Rental arrangements must be temporary, some courts have said, including the New Jersey Supreme Court in the case referenced above.

As Richard Hammar explains further in Pastor, Church & Law, 4th Edition, "Some courts have indicated that a church's use of public school facilities must be temporary for the usage to be permissible. To illustrate, one court ruled that public high school officials acted properly in denying a church's request to use school facilities as a permanent location."

Your church plant will want to consult with a local attorney to research how this question has been addressed. It also should think through its timeline to see if it can demonstrate its intended use isn't permanent or for an indefinite length of time.

For more help on this topic, Hammar's fourth volume covers examples of cases that have allowed churches and religious groups to temporarily rent school facilities (or to rent them for one-time programs and events). Also, the Alliance Defending Freedom follows this subject closely and may have additional resources.

For help with issues related to church planting, see our Starting a Church? infographic.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is published with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


If you found this article helpful, subscribe to ChurchLawAndTax.com for access to more articles like this one.

Recent Posts
Subscribe to Church, Law & Tax

Receive a customized salary report for up to 15 different ministry positions. Learn how your church should compensate based on size, budget, location, and employee work experience.

Church Finance

Church Finance Subscriber access only

Learn about budgeting, financial reporting, tax compliance, insurance coverage, and more.
Confronting Peer Abuse in Your Church

Confronting Peer Abuse in Your Church  Subscriber access only

Learn how to watch and protect the children under your care from peer abuse at church.