USOE R277-113 LEA Fiscal Policies & Accountability
Facilities Use Agreement Packets
Policy: The District follows USOE Rule 277-113 in defining and managing “School Sponsored” and “Non-School Sponsored” activities.
School Activities – 100% of Activity is Overseen by School: For school activities which are properly authorized by the school principal, these activities will automatically be designated as “school sponsored” activities.
School Activities—Third Party Involvement: For school activities which include the involvement of a third party to administer the activity, the school principal is given authority to determine whether or not the activity is designated as a “school sponsored” or “non-school sponsored” activity.
The Board of Education directs the district’s administration to develop procedures which meet the following intentions of the Board:
1) School activities that are designated as “School Sponsored ” will adhere to procedures which automatically provide the school with maximum allowable management control, responsibility for all legal and liability commitments, responsibility for accounting commitments, and responsibility for education commitments.
2) School activities that are designated as “Non-School Sponsored” will adhere to procedures which minimize and relieve the school from overall management control, legal and liability responsibilities, accounting responsibilities, and education responsibilities.
“SCHOOL SPONSORED” ACTIVITY PROCEDURES CHECKLIST
Management & Control –The school administration and staff retains full control and supervision responsibility of the activity.
Collection of Funds—Funds for the activity are collected under the direction of the school and managed through school accounts. All school activity fund policies and procedures must be followed.
Liabilities—All liabilities and risks are assumed by the school and district.
Compliance—The school is responsible for all state, federal, and local compliance, laws, rules, and regulations.
Employee Compensation—All compensation to employees must be processed through the district payroll department to ensure payroll policies, IRS laws, and compliance requirements are met.
Required Parent Communication—Parents must be notified “The activity is an optional activity and not required for participation in other school requirements or activities and is in no way connected to an education course grade or credit.” Otherwise, fee waiver requirements may come into play.
“NON-SCHOOL SPONSORED” ACTIVITY PROCEDURES CHECKLIST
Management & Control –The school administration and staff relinquishes all management and supervision control to the 3rd party.
Collection of Funds—Funds for the activity do not flow through the school’s checking and bank accounts and cannot be co-mingled with school accounts.
Liabilities—All liabilities and risks are assumed by the 3rd party.
o The district’s facility use policy and agreement must be followed.
o The 3rd party must provide an indemnity agreement to conduct the activity.
o The 3rd party must provide liability insurance coverage and certificate for the activity.
Compliance—The 3rd party is responsible for all state, federal, and local compliance, laws, rules, and regulations.
Employee Compensation—All compensation to district/school employees must be processed through the 3rd party’s payroll department to ensure payroll policies, IRS laws, and compliance requirements are met.
Required Parent Communication—Parents must be notified “The activity is an optional activity and not required for participation in other school requirements or activities and is in no way connected to an education course grade or credit.” Otherwise, fee waiver requirements may come into play.
Required Documentation—The following must be submitted to the district office for “Non-School Sponsored” activities:
o Indemnity agreement and liability insurance coverage/certificate
o Documentation of all compensation being paid to district/school employees for participation in the activity
o Documentation of donations and other compensation being given to the school for participating in the activity
o Copies of all contracts and agreements with 3rd parties for the activity. Contracts/agreement language should parallel the procedures outlined herein.
Advertising Restrictions (R277-107)
A. An employee may purchase advertising space to advertise an activity or service in a publication, whether or not sponsored by the public schools, that accepts paid or community advertising.
B. The advertisement may identify the activity participants and leaders or service providers by name, provide non-school contact information, and provide details of the employee's employment experience and qualification.
C. Posters or brochures may be posted or distributed in the same manner as could be done by a member of the general public, advertising an employee's services, consistent with LEA policy.
D. Unless an activity is sponsored by the LEA, the advertisement shall state clearly and distinctly that the activity is NOT sponsored by the LEA.
E. The name of an LEA shall not be used in the advertisement except as the LEA's name may relate to the employee's employment history or if school facilities have been rented for the activity.
F. If the name of the employee offering the service or participating in the activity is stated in any advertisement sent to the employee's students, or is posted, distributed, or otherwise made available in the employee's school, the advertisement shall state that the activity is not school sponsored.