Board Policy
Use Of School Facilities

BP 1330 
Community Relations

The Board of Trustees recognizes that district facilities and grounds are a community resource and authorizes their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities.

(cf. 6145.5 - Student Organizations and Equal Access)

All school-related activities shall be given priority in the use of facilities and grounds under the Civic Center Act.  Thereafter, the priority for use shall be to the city of Orinda parks and recreation, Orinda baseball association, and then on a first-come, first-served basis.

The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133)

1.  Aid, encourage, and assist groups desiring to use school facilities for approved activities

2.  Preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary

(cf. 0450 - Comprehensive School Safety Plan)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)

3.  Ensure that the use of school facilities or grounds is not inconsistent with their use for school purposes and does not interfere with the regular conduct of school work

Fees

The Board believes that the use of school facilities or grounds should not result in costs to the district.  The Board shall charge at least direct costs to all groups granted facility use under the Civic Center Act.

Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134)

Legal Reference:
EDUCATION CODE
10900-10914.5  Community recreation programs
32282  School safety plan
37220  School holidays
38130-38138  Civic Center Act, use of school property for public purposes
BUSINESS AND PROFESSIONS CODE
25608  Alcoholic beverage on school premises
MILITARY AND VETERANS CODE
1800  Definitions
UNITED STATES CODE, TITLE 20
7905  Equal access to public school facilities
COURT DECISIONS
Good News Club v. Milford Central School,  (2001) 533 U.S. 98
Lamb's Chapel v. Center Moriches Union Free School District,  (1993) 508 U.S. 384
Cole v. Richardson, (1972) 405 U.S. 676
Connell v. Higgenbotham, (1971) 403 U.S. 207
ACLU v. Board of Education of  Los Angeles, (1961) 55 Cal .2d 167
Ellis v. Board of Education, (1945) 27 Cal.2d 322
ATTORNEY GENERAL OPINIONS
82 Ops.Cal.Atty.Gen. 90 (1999)
79 Ops.Cal.Atty.Gen. 248 (1996)

Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
1101.89  School District Liability and "Hold Harmless" Agreements, LO: 4-89
WEB SITES
CSBA:  http://www.csba.org
California Department of Education:  http://www.cde.ca.gov

Policy  ORINDA UNION SCHOOL DISTRICT
adopted:  April 7, 2008  Orinda, California

Administrative Regulation
Use Of School Facilities

AR 1330 
Community Relations

Application for Use of Facilities

Any person applying for the use of any school facility or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application.

Persons or organizations applying for the use of school facilities or grounds shall submit a 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.

Civic Center Use

Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131)

1.	Public, literary, scientific, recreational, educational, or public agency meetings

2.  	The discussion of matters of general or public interest

3.  	The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization

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

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

6.  	A community youth center

(cf. 1020 - Youth Services)

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

(cf. 0450 - Comprehensive Safety Plan)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)

8.  	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)

9.  	Other purposes deemed appropriate by the Board of Trustees

The district may grant the use of school facilities on those days on which the public school is closed.  (Education Code 37220)

(cf. 6115 - Ceremonies and Observances)

Restrictions

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

1.	Any use by an individual or group for the commission of any crime or any act prohibited by law.

2.	Any use which is inconsistent with the use of the school facility for school purposes or which interferes with the regular conduct of school or school work, or might destroy the grounds or facilities.

3.	Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances, including tobacco use.

(cf. 3513.3 - Tobacco-Free Schools)

4.  	Any use which is discriminatory in the legal sense.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

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

Damage and Liability

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

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 on their liability policies for claims arising out of the negligence of the group.

As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type of activity or the specific facility being used.

If alcoholic containers are found after an event, the district may revoke the user's permit and all future permits for that group or person indefinitely.

Application Process

Permits for the use of buildings, grounds, and other district facilities shall be requested through the district office's district support or the school site secretaries.  All requests shall be coordinated and subject to approval by the Director, Facilities.  In case of conflicting requests, the school district will make the final decision regarding usage.  Before the scheduled event is approved a group shall provide to the district: 1) a completed facility use permit, 2) a written schedule of practice or meeting dates and a roster of all participants with home addresses, 3) a list consisting of names, daytime phone numbers and e-mail addresses of all supervisors, 4) a Certificate of Insurance and 5) non-profit tax identification number.

Use Priority

The use of district facilities must not interfere with the regular conduct of schoolwork.  School functions in any school district building or any school district property shall receive first priority over use by any other group or organization, at any time, and permits issued to any group may be revoked by the district if deemed necessary.  The responsible staff member(s) involved will make reasonable efforts to give the permit holder as much advance notice as possible prior to permit revocation.

As a matter of policy, multi-purpose rooms will not be assigned to groups whose average attendance is less than 25 persons if other suitable facilities are available in the school for which the permit is requested.

Applications for use of school district buildings, grounds, and equipment shall be made at least two weeks in advance of the time the use of the premises is desired.

Use by Groups not Individuals

Use and occupancy of school district property shall be primarily for public school purposes. Permits shall be secondary and subordinate to this primary purpose.  Permits shall not be granted for the personal or individual use of school district property.  An authorized representative or officer of the organization must sign permits requesting facility use.  Other public agencies and organizations in the Orinda area will be given a priority over groups from outside the area except as otherwise directed by the Superintendent or designee.

Supervision

The principal assigned to a school has full responsibility for supervision and management of all property of that school at all times.  Upon receipt of notice that a permit has been issued to a non-school agency for use, the principal in charge of the school shall designate a custodian to open the building, to be in charge of the building during use, and to close the building after the use whether the usage occurs during or following the regular working hours of district employees.  The district reserves the right to require additional personnel, at additional cost to the user, if it deems it is in the school district's best interest to require such additional personnel.  If not during working hours, the permit holder must reimburse the district for the direct costs of personnel.  The permit may not be approved if a custodian is not available.

The sponsor requesting the use of school facilities must accept complete responsibility for the conduct of those attending, care of the property, and payment of fair rental value.  Where minors are involved, organizations seeking use of school premises must have sufficient adult sponsorship and adult supervision while using school district facilities to insure adequate control.  Adult sponsors must be present before facilities will be opened.

No one other than a district employee shall be issued a key to any facility.  Only custodial or maintenance staff shall open and close facilities during non-school hours.

Revocation of Permits

The issuance of a permit does not guarantee use of the facility and the school district may revoke, modify, or suspend a permit if, in its discretion, it is advisable to do so.

The principal, designee, or other district employee shall ensure that the district's rules and regulations are enforced and shall report to the Director, Facilities any violations or attempted violations.  Whenever the district believes that the use rules and regulations have been violated the district may revoke such permit or permits permanently.

Cancellations

Cancellations or changes in facility or time must be reported to the appropriate school principal at least 48 hours in advance.

Facility Limits and Purposes

Any group granted use of any school district facilities shall use them only for such purposes as are specified in the district's policy, administrative regulations, or use permit, and shall limit use to the facility specified in the use permit.  Neither the school custodian assigned to the facility specified in the use permit nor any other school personnel, other than the principal shall permit any individual or group to use any equipment, room or other facility on the premises which was not designated on the use permit application as approved by the principal.  Any departure from the original approved use permit allowed by the principal shall be communicated to the district office's district support.  Applicants should be made aware of the possibility of additional charges resulting from the change in facilities.

Permit Time Period

No permit shall be issued for a period longer than the school year.  At the expiration of each permit, written or site application for renewal must be made at the appropriate school.  Permits may be issued for use during the period from the date of application through June.  Use of facilities must be completed and the premises vacated by 9:30 p.m. to facilitate school and site closure.

Damage and Restoration

School district property must be protected by the user from damage or mistreatment.  Each group using such district property must be responsible for the condition of the building and equipment.  Users must keep the facility free of litter including, but not limited to, paper, spilled food and drink, etc.  Damage to school property and/or equipment shall be paid for by the organization which has use of the facility. A maintenance fee, specified on the district's Schedule of Fees, is required for use of the fields.

No school furniture, apparatus, or equipment of any kind, including classroom blackboard preparation for the next school day, may be removed or displaced by any organization without the permission of the principal.  All decorations must be removed completely by the group or organization in time for normal school use the following day.  The use of nails, tacks, or staples in any of the woodwork is not permitted.  All tape, if used must be blue painters' tape, must be removed.

Kitchens

The school principal is in charge of the equipment and supplies.  Such equipment and supplies are the property of the district and must not be used by any person(s) for private benefit.  Where use of the kitchens is authorized, a district employee shall be present and said group or organization will be charged for the time.  Unless any user specifically requests the use of equipment, the kitchens will be kept locked. (See Schedule of Fees)

Equipment

Due to safety and liability concerns, when motorized equipment or equipment needing an operator is used, an authorized district employee must be present to operate such equipment.  The group requesting the equipment use related to the permit will reimburse any actual costs to the district for this service.

School Grounds Use (excluding buildings)

It is the policy of the district Board that pedestrian access to playgrounds be left open for use by children and parents/guardians during the school year, after school hours, in the evenings, weekends, holidays, and vacation periods.

The exceptions to this general policy are:

1.  	Any organized group other than the school itself must have an approved Use of School Property permit.

2.  	First priority is given to activities conducted by the school district.

3.  	Second priority is given to any group having an approved Use of School Property permit.

4.  	Horses, dogs, skateboards, bikes, self-propelled vehicles, go-carts, scooters, motorcycles, automobiles, or any other vehicular traffic will not be permitted on the school grounds at any time.

5.  	Use of equipment of any type which would present a hazard to other users or to the property, such as, but not limited to, skateboards, roller-skates, in-line skates, golf balls, shot put, archery, javelins or gasoline powered model airplanes is forbidden.

6.  	Signs regarding usage during inclement weather must be obeyed.  New district field availability signage has been permanently installed at each school site playground.

7.  	The school district is not responsible for dragging the infields at the school sites.

8.  	All goals must be chained to the fence after each use.  Any organization found in violation will have its permit revoked permanently.

If any scheduled use occurs during drought periods declared by EBMUD, a 10 percent surcharge will be added to the total bill to help defray the additional cost of water.

At no time are the fields to be used for parking.

Insurance

Groups are required to obtain insurance naming themselves as primary insured.  Groups other than Group I must name the district as additional insured.  Such insurance should be in at least the amount of $1,000,000 combined single limit liability and property damage.  Evidence of such insurance must be provided to the district prior to utilization of any facilities under use permits.

Schedule of Fees

1.  	A district schedule of fees will be prepared each year by the business and facilities departments based on current costs.  All changes listed will go into effect July 1.

2.  	To provide district personnel at times other than during their own normal work time, the permit holder will be charged for the applicable overtime.

3.  	Charges for additional school personnel or equipment not listed in the fee schedule will be charged to the permit holder in accordance with the type of service or equipment requested or reasonably related to the use permit.

4.  	In all cases when an indoor facility is used the permit holder will be charged for the time, plus one hour custodial charge for clean up.

5.  	On holiday weekends the gyms, restrooms, and classrooms will be closed and custodial services cannot be obtained.

6.  	Restrooms will not be opened specifically for field organization users.  Organizations should rent a portable toilet at their expense.  Groups should coordinate with the head custodian at the school site or the Director, Facilities for delivery, clean up, and pick up.

7.  	The Director, Facilities must approve any waiving of custodial fees.

8.  	At the beginning of the calendar year all groups or organizations that use a field will be charged a field maintenance fee by site.  The money from the fee is to be strictly used for field repairs and gardening.

9.  	All groups or organizations will be charged a two-hour minimum facility fee on weekends and other than normal working hours.

Payment of Fees

Payment of fees will be made in accordance to the established fee schedule.  Such fees are paid directly to the business office.  No individual or employee of the school district may accept gifts in lieu of payment of fees to the business office.

Group Classification

Group I: School and district sponsored programs and activities whose membership is composed exclusively of students from the district.  If an admission fee or collection is made, all proceeds from such fees are spent for the welfare of the students of the district.  If the use of facilities by groups in this classification results in actual additional costs to the school district, these costs may be passed on to the user.

Group II: Groups or organizations consisting of more than 50% Orinda students.  A roster with the home addresses of all participants will be required before the application is approved.  Must provide tax identification number.

Group III: Groups or organizations consisting of less than 49% Orinda students.  A roster with the home addresses of all participants will be required before the application is approved.  Must provide tax identification number.

Group IV: License Agreement with the city of Orinda.  Districtwide public agencies that lease facilities from the district who have entered a valid use of school property license agreement with the district.

Athletic Fields

1.  	District fields may not be used at any time when there is precipitation or when the fields are closed.

2.  	It is the responsibility of the individuals or organizations using the fields to contact the district office's district support or their group contact to determine if the fields are open or closed.  During the rainy season the Director, Facilities is in charge of determining if the fields are open or closed.

3.  	Field users will be notified in those cases where district staff determines that field closures are necessitated due to any of the following conditions:

a.  	Maintenance or repair work (e.g., irrigation, replanting, or rejuvenation of damaged areas).

b.  	Vandalism or other unforeseen circumstances which prevent safe access and/or playing conditions.

c.  	Wet turf or infield which constitutes a potential hazard to users and/or condition of the field.

4.  	The athletic fields may be closed either in part or for the entire summer vacation period.  This closure period is subject to change on an annual basis.

5.  	Signs are posted on the fields stating "FIELDS CLOSED" or "FIELDS OPEN".  Any individual or organization using the fields when they are too wet or when signs are posted will lose the use of the fields for the remainder of the year.  Permit holders found in violation of this policy will be billed for the repair of the fields accordingly.

6.  	Groups will be responsible for any damage caused to the facilities or fields.

Use by Group I

It is the responsibility of the individual or organization using the facilities to keep it clean and orderly.  The organization is responsible for keeping the facility free of litter including, but not limited to, paper, spilled food, and drink, etc.  NO FOOD OR DRINKS ARE ALLOWED IN ANY OF THE GYMS AT ANY OF THE SITES.  The facility used must be clean and orderly at the end of each use.  If the facility is not clean and orderly, the organization will be charged a custodial fee.  Due to safety and liability concerns, parents/guardians will no longer be allowed to take down and put away tables and benches in the multi-purpose rooms and gymnasiums.  Instead a one-hour custodial fee will be charged.  The officer of the organization must accept complete responsibility for the conduct of those attending and for the care of the property.  The organization is liable for any property damage caused by the activity.  When minors are involved, adult supervision must be present and on duty at all times.  Whenever the district believes that the use rules and regulations have been violated the district may revoke such permit(s) indefinitely.

Regulation	ORINDA UNION SCHOOL DISTRICT
approved:  April 7, 2008	Orinda, California
revised:  June 21, 2010

Exhibit
Use Of School Facilities

E 1330 
Community Relations

STATEMENT OF INFORMATION

The undersigned, as duly authorized representative for  , states that, to the best of his/her knowledge, the school property for use of which application is hereby made will not be used for the commission of any crime or any act which is prohibited by law.

The undersigned further declares that  , the organization on whose behalf he/she is applying for the use of school property, upholds and defends the Constitutions of the United States and the State of California.

____________________
(Signed)  (Date)

____________________
(organization if applicable)

Exhibit  ORINDA UNION SCHOOL DISTRICT
version:  April 7, 2008  Orinda, California