SHENENDEHOWA CENTRAL SCHOOL DISTRICT

3280 -- Community Relations

SUBJECT: COMMUNITY USE OF SCHOOL FACILITIES

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 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:

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

  2. 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.

  3. 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 religious sect or denomination, or 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.

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

  5. For polling places for holding primaries and elections and for the registration of voters. However, such use shall not be permitted for meetings sponsored by political organizations.

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

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

Conditions of Use for District Facilities

  1. Use of District facilities may be permitted unless such facilities are in use for school 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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 or property or has violated this policy;

    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 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 of local law or other requirement.

 

20 United States Code (USC) Section 7905
36 United States Code (USC) Subtitle II
34 Code of Federal Regulations (CFR) Parts 75, 76 and 108
Education Law Section 414

NOTE: Refer also to Policies #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
District Code of Conduct on School Property

Adoption Date: February 13, 2007