Facilities Use Regulations

SHENENDEHOWA CENTRAL SCHOOL DISTRICT

 

2013  3280R

1 of 4

Community Relations

 

SUBJECT:     COMMUNITY USE OF SCHOOL FACILITIES REGULATION

 

Public Use of School Facilities

The District’s school buildings and grounds are maintained primarily for the purpose of educating students and supporting school-related activities within the District. The Board of Education also recognizes, however, that they are a valuable community resource that should be available for specific uses, to the extent that such uses will not interfere with School District activities. This policy is intended to identify the uses that community groups may make of those facilities when not in use by the District and the terms and conditions for such use.

 

Permitted Uses

When not in use for school activities and subject to the conditions set forth, the Board of Education may permit the use of buildings, grounds, and other facilities of the District for any of the following purposes:

 

         a)      For instruction by any accredited branch of education, learning or the arts.

 

         b)      For social, civic and recreational meetings and entertainments, and other uses pertaining to the welfare of the community; providing such uses are nonexclusive and open to the general public.

 

         c)      For meetings, entertainments and occasions where admission fees are charged, and the proceeds thereof are to be expended for an educational or charitable purpose within the geographic boundaries of the School District. However, such use shall not be permitted if such meetings, entertainments and occasions are under the exclusive control of, and the said proceeds are to be applied for the benefit of a society, association or organization of a fraternal, secret or exclusive society or organization other than organizations of veterans of the armed forces of the United States and organizations of volunteer fire/ambulance workers.

 

         d)      For meetings of District employee associations to the extent and within the conditions as outlined in employee contracts.

 

         e)      For polling places for holding primaries and elections and for the registration of voters.

 

         f)      For recreation, physical training, and athletics involving children of the District, including competitive athletic contests with children from outside the District.

 

 

SHENENDEHOWA CENTRAL SCHOOL DISTRICT

 

2013  3280R

2 of 4

Community Relations

 

SUBJECT:     COMMUNITY USE OF SCHOOL FACILITIES REGULATION

 

         g)     To provide child care services for children of the District during non-school hours by licensed, not-for-profit providers.

 

         h)     For emergencies as defined in the Agreement for Use of School “District Buses for Transport and/or Shelter in Emergencies” (5740F).

 

Conditions of Use for District Facilities

         a)                                                      Use of District facilities may be permitted during those times when school is not in session and when facilities are not in use for school/district activities or other educational purposes.  The District reserves exclusive and non-reviewable judgment to determine if a requested use would interfere with or disturb the District’s educational programs.

 

b)      Use of District facilities will be permitted only when the applicant agrees to pay the District a use fee according to a schedule adopted by the District to cover costs associated with building use and coordination. Use is further conditioned upon the applicant’s agreement to pay additional fees associated with the use of any additional services or equipment. The District retains the right to waive use fees for groups that are associated with or sponsored by the District.

 

c)      When, in the judgment of the District, the requested use of District facilities requires additional supervision or special equipment, the district reserves the right to require payment of additional fees in accordance with paragraph b) above. Only authorized personnel shall operate District equipment.

 

d)      The applicant will be required, as a condition of the use of facilities, to defend the District and hold it harmless against any liability or loss arising out of the organization’s use of the facilities. Consistent with this requirement, the applicant must provide the District, in a timely manner in advance of use of the facilities, with acceptable evidence of insurance coverage (Certificate of Insurance) of not less than $2,000,000 general aggregate and $1,000,000 per occurrence with the District named as additional insured.

 

         e)      The District may deny use of buildings, grounds, and other facilities of the District or terminate a license if:

 

  1. An applicant has previously misused or abused District facilities, equipment or property, refused to pay facility use fees assessed or has violated this policy;

    SHENENDEHOWA CENTRAL SCHOOL DISTRICT

     

    2013  3280R

    3 of 4

    Community Relations

     

    SUBJECT:     COMMUNITY USE OF SCHOOL FACILITIES REGULATION

     

                      2.   in the judgment of the District, the use could reasonably be expected to, or actually does, give rise to a riot or public disturbance;

     

                      3.   the use is deemed inconsistent with this policy;

     

                      4.   the use is by a private for-profit entity that has the direct or indirect effect of promoting its products or services;

     

                      5.   any prohibited conduct is exhibited as listed in the District’s Code of Conduct on School Property (Board of Education Policy 3410) and accompanying Regulations.

     

                      6.   the use is prohibited by law.

     

    Specific Requirements Relating to Boy Scouts and other Title 36 Patriotic Youth Groups

    The Boy Scouts Act applies to any local educational agency (LEA) that has a designated open forum or limited public forum and that receives funds made available through the U.S. Department of Education (DOE).  It applies to any group officially affiliated with the Boy Scouts of America or any other youth group designated in Title 36 of the United States Code as a patriotic society.

     

    Under this law, no covered entity shall deny equal access or a fair opportunity to meet, or discriminate against any group affiliated with the Boy Scouts of America or any other Title 36 patriotic youth group that wishes to conduct a meeting within the covered entity’s designated open forum or limited public forum.  No covered entity shall deny access or opportunity or discriminate for reasons including the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the Title 36 patriotic youth group.  The statute applies regardless of the entity’s authority to make decisions about the use of its own school facilities.

     

    For purposes of these regulations, an elementary or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facilities before or after the hours during which attendance at the school is compulsory.

     

    Access to facilities and the ability to communicate using school-related means of communication must be provided to any group officially affiliated with the Boy Scouts of America or any other

     

    SHENENDEHOWA CENTRAL SCHOOL DISTRICT

     

    2013  3280R

    4 of 4

    Community Relations

     

    SUBJECT:     COMMUNITY USE OF SCHOOL FACILITIES REGULATION

     

    Title 36 patriotic youth group on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups. 

     

    No school, agency, or school served by an agency to which the Boy Scouts Act applies are required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.

     

    The obligation to comply with the Boy Scouts Act is not obviated or alleviated by any State or local law or other requirement.

     

    Materials and Equipment

    Except when used in connection with or when rented under provisions of Education Law Section 414, school-owned materials or equipment may be used by members of the community or by District employees and/or students for school related purposes only. Private and/or personal use of school-owned materials and equipment is strictly prohibited. The loan of equipment and materials for public purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at that time for school purposes and that the proposed use will not disrupt normal school operations.

     

    Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations, or for the benefit of the approved community group’s use of facilities. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports such inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.

     

    Community members/groups are required to return borrowed equipment to a designated staff member in the condition in which it was loaned.  Community groups are responsible for any damage, loss or theft of such equipment while in use by the community group.  The district reserves the right to charge an incremental fee for use of certain materials/equipment as deemed necessary.

    NOTE:

    Refer to Policies: 3280 Community Use of School Facilities; 3410 Code of Conduct on School Property; 5640 Smoking/Tobacco Use; 7310 School Conduct and Discipline; 7320 Alcohol, Tobacco, Drugs and Other Substances (Students); 7410 Extracurricular Activities; 7555 Dignity for All

    Refer to Regulation: 3280R Community Use of School Facilities Regulation; 7555R Dignity for All Regulation

    Refer to Protocol: 3280P Community Use of School School Facilities Handbook

    Refer to Form:  7555F Harassment, Bullying or Discrimination Form

    Reviewed:  February 13, 2007; October 2011; June 11, 2013

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