USE OF SCHOOL FACILITIES Policy Code: 5030-E

Transcription

1 USE OF SCHOOL FACILITIES Policy Code: 5030-E School / Site: Facility to be Used: APPLICATION FOR USE OF SCHOOL FACILITIES (Read board policy 5030 and the Fee Schedule in 5030-R before completing this application.) Date(s) Requested for Use: Total Length of Time for Facility Use 2 Hour Minimum: (including time for set-up and clean-up) Date: From: To: Date: From: To: Date: From: To: User / Organization: Mailing Address: Name of Individual Responsible for Rental: Telephone Number: Purpose of Facility Use: User / Organization Is (check one): Profit Non-Profit (proof of non-profit must be attached) Church Affiliated Will Admission Be Charged? Yes No If yes, how will be the proceeds be used? Certificate of Liability Insurance (must be attached): Yes No N/A Waiver of Liability (if applicable) Yes No N/A Personnel Required (please indicate the number of staff needed if applicable: Custodian(s) Cafeteria Staff AV Technician(s) Other: I have read the Lincoln County Board of Education Policy 5030-Community Use of Facilities and agree to abide by said policy. I further agree to pay the rental fee seven (7) days before the scheduled event or the facility use request will be cancelled. Notice of cancellation must be provided 5 days in advance. Applicant Signature: Date: Principal Signature: Date: Superintendent / Designee Signature: Date: Approved Denied LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 1 of 1

2 COMMUNITY USE OF FACILITIES Policy Code: 5030 A. GENERAL PRINCIPLES The board endorses the goals of the Community Schools Act. The use of school facilities by community groups should be consistent with the education program and the goals and objectives of the board and school system. Priority for facility use shall be given to Lincoln County community groups as outlined below. For-profit groups located in Lincoln County are permitted to use school facilities. Use of school facilities will not be approved for activities that do any of the following: 1. violate federal, state or local laws; 2. violate board of education policies or regulations; 3. advocate imminent violence; 4. damage or have the potential to damage school buildings, grounds, or equipment, or 5. are in conflict with scheduled school activities. B. PRIORITY IN USE/FEE STRUCTURE School-sponsored groups and activities (such as school athletic events and, school drama, and choral productions) and meetings of student organizations, including organizations permitted to meet under the Equal Access Act, will have first priority in the use of school facilities. Priority in the use of school facilities and the fee structure will be in accordance with the user categories listed below. Priority in use among groups within the same user category shall not be based upon the viewpoints of the groups. All groups within: a. Category I: School sponsored groups (such as school athletic events, school drama and choral productions) and meetings of student organizations, including organizations permitted to meet under the Equal Access Act. School-related groups (organizations formed to support the school in some manner, such as the PTA, PTO, teachers and principals organizations and booster clubs) Fees: No rental fees will be charged, unless used for a profit-making endeavor and the total profits are not devoted to the improvement of the education program. In accordance with G.S. 115C-527, political parties for the express purpose of annual or biennial precinct meetings and county and district conventions Fees: Only custodial or supervisory fees will be charged. LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 1 of 4

3 Policy Code: 5030 b. Category II: Local government and youth organizations (includes but is not limited to scouts, 4-H) and all other non-profit groups Fees: Rental fees for the use of facilities will be charged. Custodial or supervisory fees may be charged. c. Category III: For-profit groups, general public and all groups not included in the other categories. Fees: Rental, custodial and supervisory fees may be charged. The superintendent will submit a fee structure that lists the amount or method of calculating rent and fees to be charged for facility use to the board for approval prior to the beginning of each school year. Fees will be charged uniformly to all groups within the user category. C. REQUESTS FOR USE OF FACILITIES An eligible individual or group that wishes to apply for permission to use a school facility must submit a written application to the principal of the school where the facility is located. The facility use form will be submitted to the superintendent s office or designee for approval. Facility use request forms will be available in the school administrative office. A report of facility use activities will be reported to the Board on a monthly basis. D. FACILITIES AVAILABLE FOR USE The board permits eligible individuals or groups to use the facilities of those schools designated by the board as community schools. A list of community schools and the facilities at each site that is available for community use will be available to the public at the superintendent s office and each principal s office. The superintendent is authorized to develop a list of which school facilities are available for community use. Among the types of facilities that may be available for community use are: auditoriums, athletic fields, dining areas, kitchens, designated classrooms, gymnasiums, media centers and playgrounds. Costs for using designated facilities shall be calculated in accordance with the fee structure adopted by the board. Other school facilities may be used only in exceptional circumstances based on a justified need and as approved by the superintendent or designee. The superintendent is authorized to determine the fees for the use of facilities in such circumstances. E. RULES GOVERNING USE OF SCHOOL FACILITIES The superintendent shall develop regulations consistent with this policy. The regulations will include an application process, and provisions regarding supervision of groups using facilities, care of facilities, prohibited conduct and other issues deemed appropriate by the LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 2 of 4

4 Policy Code: 5030 superintendent. A copy of the regulations shall be furnished to all applicants at the time they receive the facilities use application form. In addition to the regulations established by the superintendent, users of school facilities must comply with the following rules: 1. Users must comply with all federal, state and local laws and all rules established by the board, the superintendent or designee, and the principal. 2. Users must comply with the requirements of the Americans with Disabilities Act (ADA) (particularly Subchapter III pertaining to Public Accommodations and Services Operated by Private Entities) and the federal regulations that have been adopted for the implementation of the ADA. 3. Users must comply with board policy and legal requirements forbidding the use of tobacco products in school facilities and on school grounds (see policy 5026/7250, Smoking and Tobacco Products). 4. Users will not consume or possess alcohol or drugs on school grounds (see policy 5025, Prohibition of Alcoholic Beverages). 5. Users will not possess weapons or explosives while on school grounds (see policy 5027/7275, Weapons and Explosives Prohibited). 6. Users are responsible for supervising their activity and the people present at their activity. Users are responsible for maintaining order and safety during the activity. 7. A user s violation of the provisions of this policy or any applicable regulations will be grounds for the suspension of the user's privilege to use school facilities for such period of time as deemed appropriate by the principal, subject to the review of the superintendent and the board of education. F. DAMAGES AND LIABILITY INSURANCE Users of school facilities are responsible for all damages to school facilities, property or equipment that occurs while the facility is being used by the group, regardless of who caused the damage. Users also are responsible for the conduct of all persons involved in the users activities while on school property. All user groups, except school- sponsored groups, must furnish a certificate of insurance for general liability coverage with a total limit coverage of $1,000,000 for each claim made. Alternatively, the superintendent or designee may require the user group to execute a waiver of liability that states that no liability will attach to the board of education, individually or collectively, for personal injury or personal property damage by reason of use of the school property. G. TERM AND ACCEPTANCE OF LEASE LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 3 of 4

5 Policy Code: 5030 The superintendent is authorized to enter into agreements with community groups for the lease of school property for terms of one year or less. All such leases must be reviewed and approved in advance by the board attorney. The superintendent shall inform the board of the execution of any lease at its next regularly scheduled meeting. Leases may be renewed following the same process. Absent unusual circumstances, leases shall not be granted for a term longer than one year. A lease for more than one year must be approved in advance by the board. In no event shall leases for longer than one year be entered into with "local government and youth organizations" or "other non-profit groups" as defined above. H. REVIEW OF DECISIONS CONCERNING USE OF SCHOOL FACILITIES Any person or organization may request a review of any decision made by a school employee pursuant to this policy in accordance with policy 1740/4010, Parent and Student Grievance Procedure. I. TERMINATION AND CANCELLATION An agreement to use school facilities may be cancelled by either the user or appropriate school official for good cause provided five (5) days notice is given to the other party. The provision may be amended only by mutual agreement of the parties. J. FEE WAIVER Groups wishing to rent school facilities may request a waiver of all rental fees so long as the group falls under a Category I or II (Section B) and is a recognized tax-exempt, 501(c)3 non-profit organization or is otherwise a school sponsored organization and the purpose of the facility rental is to host an event that benefits the community at-large (e.g. Relay for Life, etc.). All requests for a fee waiver must be made in writing at the time of the rental application and must be Board approved. If the Board grants a waiver, the renting group is still expected to pay for all school staff working the event as needed. Legal References: Americans with Disabilities Act, 42 U.S.C. & et seq; Equal Access Act, 20 U.S.C.A ; 28 C.F.R. part 36; Community Schools Act, G.S. 115C-203 to , Cross References: Parent and Student Grievance Procedure (policy 1740/4010), Prohibition of Alcoholic Beverages (policy 5025), Smoking and Tobacco Products (policy 5026/7250), Weapons and Explosives Prohibited (policy 5027/7275) Adopted: January 1987 Revised: June 1998; July 15, 2002; September 4, 2002; January 9, 2008; April 7, 2008; September 2008; May 13, 2009; May 12, 2010; January 11, 2012; July 9, 2013; April 14, 2015 LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 4 of 4

6 USE OF SCHOOL FACILITIES Regulation Code: 5030-R USE OF BUILDINGS AND GROUNDS The buildings and grounds of the Lincoln County Schools will be made available for other than school use only when such will not interfere with regular or approved extra-curricular school activities. The use of buildings by the community for community purposes, is strongly encouraged. In most cases, the facilities will not be made available for continuous use, but will be made available when the group making the request does not have the necessary facilities for a special activity. Scheduling is to be made through the Principal's office of the school involved. Custodians will be provided under the direction of the principal. If cafeterias are used, a member of the food service staff must be present. If audio visual equipment is used, a qualified staff member must be present. PLAYGROUNDS School playgrounds are used informally by the children of the community and by organized community groups during non-school hours. Although the playgrounds are open, the schools assume no liability in connection with their use, and any unauthorized person(s) causing damage to the school facilities is subject to prosecution. Horses, motorbikes, motor scooters, go-carts, etc., are not to be operated on school playgrounds at any time. FLYING OF FLAGS Flag poles on school campuses will be used to display the American Flag, the North Carolina Flag, or a school-related or school-designed flag. Commemorative flags, celebratory flags, and other flags will not be displayed on the school flag pole. LOAN OF EQUIPMENT Since it is the policy of the schools to cooperate with the community groups in any way possible, equipment is occasionally loaned to such groups when this can be done without detriment to the program of instruction. This is left entirely to the discretion of the principal who is responsible for the equipment. School equipment may not be rented to be used for profit making purposes. RELIGIOUS ORGANIZATIONS Should a religious organization wish to use school facilities for a non-profit activity other than instruction and/or religious nature, it will be treated as any other civic and/or non-profit organization. The use of the facilities by a religious group for instructional and/or religious purposes must be restricted by temporary and emergency basis, and the group must show definite effort and progress to LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 1 of 7

7 Regulation Code: 5030-R obtaining and/or providing its own facilities as quickly as possible. At no time may any group or individual disseminate religious oriented materials to students. All religious groups who use school facilities individually for instructional and/or religious purposes must pay a universal fee which is the same for any and/or all denominations and which has been originally set by the superintendent and agreed upon by the Board and which is in accord with prevailing budgetary policies with regard to personnel and maintenance costs. FEES AND CHARGES 1. Fees shall be charged according to Policy 5030 Section B PRIORITY IN USE/FEE STRUCTURE. Any City/County Government funded group that has guaranteed participation of Lincoln County Schools students will be subject to the fee schedule on page 6 of this Regulation. 2. The party receiving the greater amount of the receipts from an event will be considered the Lessee regardless of sponsorship and will pay the fee schedule accordingly. 3. The principal will have the authority to determine the nature of the group and issue a contract to the group if a contract is required. One copy of the contract will be given to the individual or group, one copy will be filed in the principal's office with payment of fees attached if applicable. 4. A custodian or school official will be on duty at all activities. The principal may exclude the services of the custodian if it is determined that the activity does not require these services due to the size of the group or the activity involved. When kitchens are being used, the services of members of the school food service staff is required and this may be in lieu of the custodian. In either case the cost of services of the custodian, community school supervisor, audio visual technician, or school food service worker will be charged to the individual or group using the facility or the Community School Program at $25 per hour, per position unless a fee has been negotiated between the leasing organization and employee. The lessee is responsible for paying the employee directly no later than the day of the facility use. 5. A request for the use of facilities will be sent to the Superintendent/Designee after the principal authorizes the use of the facility. School sponsored groups are not required to complete a Use of School Facilities form; school sponsored and school related groups only require principal approval. 6. General a. The principal, or a designated individual will be in charge of the facilities whenever opened for public use. He/she will be responsible to the school system and his/her suggestions will be followed. b. All activities must be under appropriate supervision. The sponsoring organization must also assume full responsibility for payment for all damages to the building and/or equipment while using same. Only facilities specifically approved by the principal are to be used. c. Police protection, if deemed necessary by the principal, must be provided by the organization leasing the school facility. LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 2 of 7

8 Regulation Code: 5030-R d. Only school furniture provided for a particular facility may be used. Any rearrangement of same must be done by the group leasing the facility and with permission of the principal. Furniture must be rearranged by the leasing group to its original status at the conclusion of the activity. e. Only in rare instances will classrooms be rented to groups during the school year. f. Kitchen facilities are leased only under the supervision of a school food service worker. g. Only appropriate gym shoes will be permitted on gym floors. h. The use of open flames is prohibited. i. Gambling is prohibited. j. Anything of an unusual nature may not be brought into a school building without approval of the principal. Any such approved items must be removed by the group upon termination of the rental period. k. Concession rights will be reserved for the school where facilities are being used unless otherwise granted by the principal. l. Outside playing fields and courts, except stadium football fields and baseball fields, may be used without charge provided the grounds are maintained and left in good order. Fields should not be used in inclement weather or at any time the principal determines the field is not in condition for use. m. School facilities are not available for dances except those considered to be school sponsored or a part of the Community Schools Program. n. Contracts may not be transferred from one group to another. 7. Fees must be paid directly to the Lincoln County Board of Education seven (7) days prior to usage. 8. The County office shall remit fifty percent (50%) of the facility use fee collected to the school for administrative purposes. LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 3 of 7

9 Regulation Code: 5030-R CLASSIFICATION AND PRIORITIES FOR USE OF FACILITIES CATEGORY I THESE INCLUDE BUT ARE NOT LIMITED TO: School Sponsored Groups (A Use of School Facilities Form is not required for these groups). -School clubs -Student organizations -School athletic teams School Related Groups (A Use of School Facilities Form is required for these groups). -PTA/PTO -Boosters -Teachers and Principals organizations For meetings that occur on a regular basis (i.e. weekly or monthly), School Related Groups are required to sign the Use of School Facilities form only once. School Related Groups will need to sign a Use of School Facilities form for special events held on school property. Board of Elections CATEGORY II THESE INCLUDE BUT ARE NOT LIMITED TO: (A Use of School Facilities form is required for Category II. Form 5030-E should be completed and submitted to the Superintendent/ Designee for final approval.) Local Government and Youth Organizations -Law enforcement -Other federal/state/local level agencies -Youth Groups sponsored by Recreation Department -Scouts -4-H -Optimist/Youth athletic programs -Churches recognized by the State of NC -Other non-profit groups CATEGORY III THESE INCLUDE BUT ARE NOT LIMITED TO: (A Use of School Facilities form is required for Category III. Form 5030-E should be completed and submitted to the Superintendent/ Designee for final approval.) General Public and for Profit Groups, and all groups not included in other categories. -Pageants -Public plays -Dance competitions -Fund-raising activities LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 4 of 7

10 Regulation Code: 5030-R LINCOLN COUNTY SCHOOLS Facility Use Fee Schedule (All fees are by the hour with a 2 hour minimum use.) INSIDE FACILITY SPACE Category II Rate Category III Rate Auditorium $15/hour $90/hour Cafeteria/Kitchen $15/hour $90/hour Classroom $15/hour $90/hour Concessions $15/hour $10/hour Gymnasium/Locker Rooms $15/hour $90/hour Gymnasium for Organizations Funded by City/County Government: (The rate is not to exceed the Seasonal Fee per sports season.) - Organizations Funded by City/County Government Charging Admission $15.00/hour or $750 Seasonal Fee - Organizations Funded by City/County Government Not Charging Admission. $7.00/hour or $250 Seasonal Fee Multipurpose Room $15/hour $90/hour Personnel (if required): Custodian/Sound/Lighting/Cafeteria $25/hour (per person) $25/hour (per person) OUTSIDE FACILITY SPACE Category II Rate Category III Rate Athletic Fields- No Lights (Refer to 6, l, page 3 of this Regulation) No Charge $90/hour Athletic Fields- With Lights: $25/hour $90/hour Athletic Fields With Lights for Organizations Funded by City/County Government: (The rate is not to exceed the Seasonal Fee per sports season.) - Organizations Funded by City/County Government Charging Admission)..... $15.00/hour or $750 Seasonal Fee - Organizations Funded by City/County Government Not Charging Admission). $7.00/hour or $250 Seasonal Fee Parking Lot $15/hour $90/hour Personnel (if required) $25/hour $25/hour Custodian/Sound (per person) (per person) Tennis Courts $15/hour $90/hour LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 5 of 7

11 Regulation Code: 5030-R APPLICATION FOR USE OF SCHOOL FACILITIES (Read board policy 5030 and the Fee Schedule in 5030-R before completing this application.) School / Site: Facility to be Used: Date(s) Requested for Use: Total Length of Time for Facility Use 2 Hour Minimum: (including time for set-up and clean-up) Date: From: To: Date: From: To: Date: From: To: User / Organization: Mailing Address: Name of Individual Responsible for Rental: Telephone Number: Purpose of Facility Use: User / Organization Is (check one): Profit Non-Profit (proof of non-profit must be attached) Church Affiliated Will Admission Be Charged? Yes No If yes, how will be the proceeds be used? Certificate of Liability Insurance (must be attached): Yes No N/A Waiver of Liability (if applicable) Yes No N/A Personnel Required (please indicate the number of staff needed if applicable: Custodian(s) Cafeteria Staff AV Technician(s) Other: I have read the Lincoln County Board of Education Policy 5030-Community Use of Facilities and agree to abide by said policy. I further agree to pay the rental fee seven (7) days before the scheduled event or the facility use request will be cancelled. Notice of cancellation must be provided 5 days in advance. Applicant Signature: Date: Principal Signature: Date: Superintendent / Designee Signature: Date: Approved Denied LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 6 of 7

12 Regulation Code: 5030-R LINCOLN COUNTY SCHOOLS 353 NORTH GENERALS BOULEVARD LINCOLNTON, NC SCHOOL FACILITIES FEE FORM Hourly Amount # Hours Rate Due Facility Rental Fee: - Seasonal Fee: - *** Facility Rental Fee must be paid to Lincoln County Board of Education at least 7 days prior to usage. Hourly Amount # Staff # Hours Rate Due Personnel Required: Custodians - Cafeteria - AV Technicians - Other - Total Due - *** Personnel must be paid no later than on the day of the event. Issued Date: January 1987 Revised: September 1995; September 2008; July 8, 2009; July 9, 2013; April 14, 2015; January 12, 2016 LINCOLN COUNTY BOARD OF EDUCATION POLICY MANUAL Page 7 of 7