AR 1330 — Use Of School Facilities

The Education Code, together with Board Policy 1330, establishes a civic center at each public school facility. It is the intent of these regulations to establish the guidelines necessary to preserve order in, and to provide protection for, such school facilities and grounds. These regulations are also intended to ensure that the use of school facilities and grounds is neither inconsistent with school purposes nor interferes with the regular conduct of schoolwork.

Application to Use School Facilities

The Coordinator, Operations and Facilities Planning shall be responsible for administering the policies and regulations governing the use of school facilities and grounds.

The application packet for use of school facilities and grounds shall be obtained at the District website www.redlandsusd.net or Facilities Services Office. All individuals (including sponsors, officers or representatives of organizations) signing Use of Facilities Applications, Hold Harmless Agreements or other documents related to the use of school facilities, must be at least 21 years of age.

A copy of the Board's policy and the administrative regulations governing use of school facilities shall be reviewed by all persons or organizations requesting use of district facilities or grounds, as part of the application packet.

Any person applying for the use of school property on behalf of any organization shall be a member of the applicant organization. Unless he/she is an officer of the organization, the applicant shall present written authorization from the organization to make the application.

The district requires all individuals, groups, organizations, clubs, or associations (collectively referred to in this regulation and Board policy as "organizations") applying for the use of school facilities or grounds to submit the following documents to the school site at least three weeks prior to the scheduled event.

Completed Application and Agreement/Use of School Facilities which includes a Hold Harmless Agreement and Statement of Information indicating that the organization upholds the state and federal constitutions and does not intend to use school premises to commit unlawful acts.

Certificate of Insurance

The district requires facility users to provide proof of Bodily Injury and Property Damage Liability Coverage or financial responsibility in the minimum amount of $1,000,000 combined single limit and an additional insured endorsement page naming the district as an additional insured. The district may require a higher level of coverage at its discretion, based on the type of use requested, such as athletic activities or large events. The policy must provide that in event of cancellation of coverage, a minimum of 10 days written notification will be provided to the district by mail with no restrictions. The standard cancellation clause which states that "failure to mail such notice shall impose no obligation or liability" is not acceptable.

Damage and Liability

Groups, organizations, or persons using school facilities or grounds shall be liable for any property damage caused by the activity. The district may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds. (Education Code 38134)

Any group or organization using school facilities or grounds shall be liable for any injuries resulting from its negligence during the use of district facilities or grounds. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. (Education Code 38134)

Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence. Groups or organizations shall also be required to include the district as an additional insured endorsement on their liability policies for claims arising out of the negligence of the group.

Civic Center Use

Subject to the terms and conditions set forth in this policy and any applicable district administrative regulations, the Governing Board shall make school facilities and grounds under its jurisdiction and identified in the Schedule of Designated Facilities available as a civic center to community groups for the following purposes (Education Code 32282, 38131):

Public, literacy, scientific, recreational, educational, or public agency meetings.

The discussion of matters of general or public interest.

The conduct of religious services for temporary periods on a one-time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of services.

Child care or day care programs to provide supervision and activities for children of preschool and elementary school age.

The administration of examinations for the selection of personnel or the instruction of precinct Board members by public agencies.

Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denominations.

A community youth center

Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare of the community.

A ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization

A veterans' organization means the American Legion, Veterans of Foreign Wars, Disabled American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800)

Other purposes deemed appropriate by the Board. (Education Code 38131)

Restrictions

School facilities or grounds shall not be used for any of the following activities.

Any use by an individual or group for the commission of any crime or any act prohibited by law. Any violation of Board policy, administrative regulation, or other law by any organization during use shall be sufficient cause for denying further continued use of school or district facilities or grounds by the organization.

Any use of school facilities or grounds which is inconsistent with their use for school purposes or which interferes with the regular conduct of school, schoolwork or school-related activities. No activity which may interfere with the educational or co-curricular programs of a school or the district will be approved or permitted.

Any use which involves the possession, consumption, or sale of alcoholic beverages, or any restricted substances, including tobacco products on school property.

The district may exclude certain school facilities from non-school use for safety or security reasons.

Fees for Use of School Facilities

The Board delegates to the Coordinator, Operations and Facilities Planning the authority to determine the appropriate fee classification in accordance with this policy and applicable administrative regulations for the use of district facilities. In the event an organization disputes the Coordinator's determination of fees, the organization may appeal to the Superintendent or designee, and ultimately to the Board.

A schedule of fees shall be published by the Facilities Services Office on an annual basis. The Superintendent or designee shall be responsible for calculating all costs in a manner consistent with this regulation, Board policy 1330 and 5 CCR 14037-14042. Fees for the use of school facilities and grounds shall be charged in accordance with the following classifications:

Free Use: When an alternative location is not available, the Board shall not charge any fees for the use of school facilities or grounds by organizations falling within the classification defined below.

Pursuant to Education Code 35010(b) the free-use classification is defined by the Board to include non-profit organizations affiliated with the district or a particular school site and created for the purpose of benefiting or supporting the district as an entity, a specific school site, and/or students enrolled in any of the district's schools or educational programs. This classification is further defined to include educational activities or programs created by other educational institutions or law enforcement agencies for the exclusive benefit of the district, its employees or its students. Examples of this classification include, but are not limited to: School booster clubs, Parent-Teacher Associations, school/community advisory councils, life saving programs and other school affiliated groups created for the exclusive benefit of the district, its students, employees, or educational programs.

Should any of the above free-use groups prefer to use school facilities at a time when custodial services are not normally available (for example, on Saturday, Sunday, or holiday), or if special facilities or services are required (such as personnel or equipment), the district may charge a fee equal to the direct cost of those services, including overtime rates and employee related costs.

Free use of facilities shall be limited to available meeting places where a minimal use of equipment and personnel are involved. Charges shall be made for use of all other building facilities in accordance with the Schedule of Use Charges for use of school facilities.

Nonprofit Youth Organizations Fees: The Board authorizes the use of school facilities or grounds by nonprofit organizations, clubs, or associations organized to promote youth and school activities at a reduced charge. In accordance with Education Code 38134(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teacher associations, church youth and school-community advisory councils. Other groups, including nonprofit groups not organized to promote youth and school activities or for-profit groups that request the use of school facilities under the Civic Center Act, shall be charged at least direct costs.

Direct Cost Fees: Activities, other than those specified in Board Policy 1300 for free use, nonprofit youth organizations or fair rental value, shall be charged a fee not to exceed the direct costs to the district. District costs shall include supplies, utilities, janitorial services, services of other district employees and salaries paid to district employees necessitated by the organization's use of school facilities, including any applicable overtime rates and employee-related costs; maintenance, repair, restoration, and refurbishment of the school facilities and grounds. (5 CCR 14037-14042)

Pursuant to Education Code 38134, the activities of all organizations not entitled to free-use, nor required to pay fair rental value, shall be charged the direct costs necessitated by their use, as defined above.

Fair Rental Value: Organizations shall be charged fair rental value when using school facilities or grounds for functions, entertainment or meetings where admission fees are charged, or contributions are solicited and net receipts are not to be expended for the welfare of the students of a particular school or of the district as an entity or for charitable purposes. If any portion of the net receipts inures to the benefit of any private shareholder of the organization or any individual, the organization shall be charged fair rental value.

Fair rental value includes direct costs plus amortized costs of the facilities for the duration of the activity.

Scheduling Use of Facilities and Priority of Users

Initial scheduling of civic center use shall be made through and approved by the site administrator at the facility requested. Actual use of facilities, however, shall not be permitted until approved by the Facilities Services Office.

While the district encourages widespread use of district facilities and ground by the community, it desires to limit usage during those periods when the facilities are not also used for school purposes in order to preserve district property, or to realize energy cost savings and facilitate cleaning programs. School facility use may be limited on weekends or during summer, spring, and winter vacation periods. The district may also restrict use of fields due to weather conditions.

Application for use of school facilities and grounds shall be given preference in the following order:

Educational programs of the district (in-school or school-related uses, student clubs, class events, etc.)

Contracted uses (leases and licenses pursuant to the Education Code)

School and district affiliated groups (PTA, Booster clubs, employee organizations)

Public agencies and public affairs groups

Community recreational programs (nonprofit)

Private, non-school-connected classes and educational or cultural events

Profit-making or commercial events, out-of-town groups, etc.

General Terms and Condition

No organization may obtain a Use Agreement of more than one year in duration. Unless otherwise stated on the Use Agreement, all Agreements for the use of district facilities shall expire on June 30. Such Agreements may be renewed.

Interference. No activity which may interfere with the educational program of a school or the district will be approved or permitted. Any violation of these Administrative Regulations, Board Policies, or other State law by any organization during use shall be sufficient cause for denying further or continued use of school or district facilities or grounds by the organization.

No organization may obtain a Use Agreement of more than one year in duration. Pursuant to Education Code 38131, any religious organization using district facilities for the conduct of religious services must certify that it has no suitable meeting place for the conduct of the services. Such Agreements may be renewed.

Drugs/Alcohol/Tobacco. At no time shall smoking or use of tobacco products be permitted in or on any district facilities or grounds. The use of intoxicants or narcotics shall not be permitted on school premises or within 1,000 feet of district facilities or grounds.

Safety. All uses of school facilities shall comply with all fire, health and safety laws and regulations.

Availability of Facilities. School facilities and grounds shall not be available at any time which may interfere with regular functions of the school, and said time will be determined by the Superintendent or designee. Use shall be limited to the specific hours and rooms listed on the approved application. User groups shall not enter unauthorized rooms, facilities or grounds.

Staff Presence. A school custodian or designated staff member must be on site during all use of facilities activities.

Availability of Classrooms. Classrooms used for instructional programs shall only be available for use by school or curriculum related organizations promoting the district's educational programs. Vacant classrooms may be used by civic center users subject to availability.

Supervision. All users of school facilities are responsible for the provision of adequate supervision of any user activities on school property. The district may require the hiring of police or security personnel at the expense of the user. Juvenile organizations must have adequate adult sponsorship and supervision which shall include not less than one adult per 20 children or more if required by the licensing or regulatory agency governing the activity.

Closing of Facility. All functions shall end by 10:00 p.m. unless special permission is secured in advance. All premises shall be vacated at the time shown on the application. Deviations or departures from this rule shall be cause for cancellation of all future meetings or functions.

Duration of Use Agreement. When an application is filed and approved, it is considered to be in effect for the period stated on the Use Agreement. No Use Agreement may be for a period of more than one year.

Damages. School property must be protected from damage and mistreatment, and ordinary precautions must be maintained. Organizations shall be responsible for the condition in which school facilities and grounds are left. Should school property be damaged or abused beyond normal wear, all costs to repair such damage or excessive use will be invoiced for payment by the group involved and is due and payable within 30 days of the invoice date. Damages or excessive use, or failure to pay for damages or excessive use, shall be sufficient cause for cancellation of future meetings or functions.

Alterations to Facilities. No modifications shall be made to any district facility or grounds without first submitting a written request describing in detail the proposed temporary modification and receiving written approval from the district to proceed. If approval is given, it is the responsibility of the organization to return the facility or grounds to its original condition. Failure to do so will result in the district billing the organization for the costs incurred by the district in restoring the facility or grounds to its original condition and is cause to cancel future meetings or functions of the organization.

Clean Conditions. Upon completion of use, a facility must be left in its normal state of cleanliness and order. If custodial overtime is required for cleaning or restoring the facility to its original condition, the civic center user will be invoiced for such charges and payment shall be due within 30 days of the invoice date. Failure to return any facility to its original condition is cause to cancel future meetings or functions of the organization.

Payment of Fees

Organizations subject to the assessment of fees for their use of school facilities shall receive an invoice for charges. Invoiced payment is due and payable at least two weeks prior to the date scheduled for use.

All checks shall be made payable to the Redlands Unified School District and submitted to the Facilities Services Office, 20 West Lugonia Avenue, P.O. Box 3008, Redlands, California 92373.

Non-Payment. In addition to pursuing any other legal remedies, non-payment of any fees, charges, or costs incurred due to destruction or damage of school property, will result in cancellation of future meetings or functions of the organization.

Late Arrival. Any facility approved for use shall only be held for one-half hour after the time designated on the approval application for that meeting or activity to begin.

Failure to give the school site or Facilities Services Office notice of the intent not to use approved facilities with 24 hours of the scheduled event shall result in the approved applicant being charged all costs necessitated by the anticipated use and incurred by the district.

Gratuities. No gratuities shall be given to custodians or other district personnel in charge of or assisting with the use of school facilities. Appropriate labor costs will be paid to the district by civic center users pursuant to the established schedule of fees.

Political Campaigns. While school premises shall be available for open, non-partisan political meetings or debates wherein all candidates are invited to participate, school premises shall not be available for individual campaign purposes.

Additional Rules. Rules and regulations may be provided to facility users regarding specific regulations of a particular site or facility. Such rules and regulations shall have the same force and effect of this regulation and failure to comply is cause to cancel future meetings or functions of the organization.

Misrepresentation. The district reserves the right to deny use or revoke the approval of use to any applicant the district has determined to have misrepresented its purposes, identity or any other information the district deems to have an impact upon the approval of use.

Building Use Provisions

No preparation of any kind shall be used on school floors by groups using the buildings for dancing or any other purposes.

No alterations shall be made to any school building, nor shall furniture, pianos, cafeteria tables/benches, or district equipment be moved or set up except by the assigned custodian.

No structures or signs may be erected, posted, or assembled on school premises.

Shoes with cleats or plates, or rubber soles or heels which mar or mark the floors are not permitted in school buildings.

Ground Use Provisions

In addition to the rules set forth in Board Policy 1330, Use of School Grounds, the following limitations apply to the use of district facilities and grounds pursuant to the Civic Center Act:

No object described in Penal Code 626.9, 626.10, 653k, 12001, 12020(a), 12276, 12401, 12402, or 12580 whether concealed or in plain view shall be carried on school grounds or within 1,000 feet of any school grounds.

Activities that involve constant physical contact (tackle football, karate, boxing, etc.) shall not be engaged in on school property without specific authorization from district administration.

No weddings, receptions, memorial services, private parties or similar activities shall be permitted on school grounds.

No swap meets, yard sales, car shows, amusement-park type events or similar activities shall be permitted on district premises, except for school-related fund-raisers or activities in support of the district's educational programs.

Climbing on buildings, fences or other facilities not intended for climbing is prohibited.

School playgrounds or fields shall not be available during school hours, school-related activities or at any time for any activity which might interfere with the regular functions of the school. Fields shall not be scheduled for organizations that do not meet the criteria and requirements for free use or direct cost use.

The assembly or launching of model rockets or model airplanes is not permitted.

Grounds shall be left in good order at the conclusion of any activity and property shall not be misused or destroyed.

The placement or installation of improvements on school grounds for recreational purposes must be pre-approved by the district. Such improvements shall not provide any organization or the organization installing the improvements entitlement to the property or portion of the property upon which the improvements are installed. Upon request of the district, any such improvements shall be removed by the user at no cost to the district.

Furniture and Equipment

No electrical, mechanical, or other equipment may be brought on to a school site without the prior approval of the site administrator or the Facilities Planning Services Office. District-owned equipment and furniture may be used in organizations on the following conditions:

Requests for use of furniture and equipment shall be included on the facilities use application form. The person who has jurisdiction over the equipment shall review all applications requesting use and shall recommend approval or denial of the request use.

Use of equipment and furniture constitutes a direct cost to the district. Users shall pay for personnel needed to set up furniture and equipment.

The organization assumes the responsibility for such equipment supplied and agrees to repair or replace any equipment which might be damaged, lost or stolen while under its jurisdiction.

The group or organization requesting the use of equipment certifies that a qualified person will operate it. Operation of specialized equipment must be by a qualified person, subject to approval of the site administrator or the Facilities Services Office. The district may require the user to pay for personnel needed to operate certain specialized equipment.

Groups using facilities which include a stage shall not remove or displace any furniture, pianos, other stage equipment or make changes in curtains, lights, ceiling pieces, backdrops or other props without prior approval, and then, only under direct supervision of the school employee in charge.

Furniture and equipment available for use will be only that which is already available in the particular facility requested. School furniture and/or equipment is not available for use off district sites.

Custodial Services

The assigned custodian, at the direction of the site administrator, shall be responsible for making the necessary arrangements to accommodate the meeting, cleaning and returning the facility to proper condition for school use, reporting any deviations or departures from the established rules, regulations and policies, and performing all services necessary for the intended use.

Kitchen Use

A separate application for kitchen use must be submitted with the Use of Facilities Application. Kitchen use applications shall be available at the District website www.redlands.k12.ca.us, Child Nutrition Services Office and the Facilities Services Office. Kitchen facilities are available for limited uses by organized groups subject to the following conditions:

Applications shall be processed through the school site not less than three weeks prior to the scheduled date of need.

Use of kitchen facilities shall not be approved for the normal hours of operation of a school. In addition, the use shall cause no interference with the school food services program.

All food and supplies shall be furnished by said group. No food or supplies may be purchased from cafeteria stock.

At least one food service staff member, assigned by the Child Nutrition Services Manager, shall be present and on duty at all times during any kitchen use. The chargeable personnel costs associated with this personnel assignment shall be based on current daily/hourly rates, including overtime rates and employee benefit costs.

The Child Nutrition Services staff member assigned to the kitchen, shall be responsible for advising the group of the proper use of all kitchen equipment, and shall see that district property is protected and that district supplies are not used.

Child Nutrition Services personnel shall not assume responsibility for the preparation or serving of food or cleaning of facilities.

Use of kitchen facilities shall be confined to adults.

Kitchen facilities shall be left in a clean and orderly condition by the user. Failure to do so is sufficient cause for denying future use to that organization and the organization shall be charged for the labor involved in returning the kitchen to district standards.

Rules and regulations will be provided to users of kitchen facilities. Such rules and regulations shall have the same force and effect of this regulation and failure to comply is cause to cancel future meetings or functions of the organization.

Kitchens shall not be available for commercial use nor for organizations that do not meet the criteria and requirements for free use or direct cost use.