|
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:
-
For instruction by any accredited branch of education,
learning or the arts.
-
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.
-
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.
-
For meetings of District employee associations to
the extent and within the conditions as outlined in employee contracts.
-
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.
-
For recreation, physical training, and athletics
involving children of the District, including competitive athletic
contests with children from outside the District.
-
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
-
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.
-
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.
-
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.
-
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.
-
The District may deny use of buildings, grounds, and
other facilities of the District or terminate a license if:
-
An applicant has previously misused or abused
District facilities or property or has violated this policy;
-
in the judgment of the District, the use could
reasonably be expected to, or actually does, give rise to a riot or public
disturbance;
-
the use is deemed inconsistent with this policy;
-
the use is by a private for-profit entity that has
the direct or indirect effect of promoting its products or services;
-
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.
-
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 |