Escondido Union ESD | AR 1330 Community Relations
Use Of School Facilities
Application for Use of Facilities
Any person applying for the use of any school facilities 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 facilities use statement indicating that they uphold the state and federal constitutions and do not intend to use school premises or facilities 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. Childcare programs to provide supervision and activities for children of preschool and elementary school age
(cf. 5148 - Child Care and Development)
(cf. 5148.2 - Before/After School Programs)
(cf. 5148.3 - Preschool/Early Childhood Education)
5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies
6. 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
7. A community youth center
8. 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)
9. 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)
10. Other purposes deemed appropriate by the board
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 facilities for school purposes or which interferes with the regular conduct of school or school work
3. Any use which involves the possession, consumption, or sale of alcoholic beverages, drugs, or any restricted substances, including tobacco
(cf. 3513.3 - Tobacco-Free Schools)
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 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 when using school facilities. (Education Code 38134) 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 facilities being used.
(cf. 3515.21 - Unmanned Aircraft Systems (Drones)
Rules and Procedures for the Use of School Facilities and Grounds
The board has the responsibility to manage, direct, and control the use of its school facilities and grounds. The use of district facilities and grounds are subject to and conditioned upon the following rules:
a. Any group, club, or organization that includes minors shall have appropriate adult supervision when using school facilities or grounds.
b. Approval of use of district facilities or grounds is granted exclusively to the applicant for the purposes stated on the application. Said approval may not be assigned to any other group, agency, or individual. Should an application for use of district facilities or grounds involve participation by multiple organizations, the applicant organization must disclose the names of all participating groups and the purpose of their involvement.
c. School property must be protected from any loss, damage, or destruction. Each user is responsible for the condition in which school property is left. If school property is lost, damaged, destroyed, or littered, the user will be charged an amount necessary to replace repair, or clean the property, and further use of school facilities may be denied.
d. Any use which involves the possession, consumption, advertisement, or sale of tobacco, alcoholic beverages, or any restricted substances on school property is strictly prohibited.
e. Weapons and dangerous instruments are strictly prohibited on school property. Weapons and dangerous instruments include, but are not limited to:
i. Firearms: pistols, revolvers, shotguns, rifles, zip guns, stun guns, tasers, cane guns, wallet guns, ammunition, flechette darts, shurikens, and any other device capable of chemically propelling a projectile
ii. Cutting and puncturing devices: dirks, daggers, knives, folding knives with a blade that locks into place, razor with an unguarded blade, ballistic knife, metal knuckles, cane sword, blackjack, slingshot, billy nanchaku, sandclub, sap, or sandbag
iii. Explosive and/or incendiary devices: pipe bombs, time bombs, cap guns, containers of inflammable fluids, and other hazardous devices
f. The serving of food or beverages in carpeted areas is discouraged. Any soiling or damaging of floor covering resulting from such service shall be the responsibility of the user for cleaning, repair, or replacement. A deposit will be required before permission is given for food or beverages on carpeted areas.
g. Cancellation of a reservation by an applicant (with prior notification of two working days) shall be accepted and no charges will be assessed. Cancellation without notification, or failure to appear at reserved time, will be subject to full charges being assessed.
h. All applicants agree to comply with the Escondido Union School District Stormwater Pollution Prevention Program rules and guidelines as published on the district's website under Departments & Divisions/Maintenance & Operations. This program addresses both interior disposals (such as oils/grease from kitchens) and exterior disposals of items not permitted to be poured or washed into storm drains (such as pesticides, oils, detergents, or other chemicals).
i. All applicants agree to comply with the Escondido Union School District rules, regulations, policies, and posted signs when on district property. They also agree to enforce compliance within their participants and understand the district may deny further use of school facilities for lack of compliance.
1. Every applicant group, club, or organization desiring to use district school facilities or grounds must comply with the following procedures:
a. Any individual applying for the use of school property on behalf of any group, club, or organization shall be a member of the applicant group and must present written authorization from the applicant group to make the application and execute the required documents. All documents required before use may be granted can be obtained and then returned, when completed, to the Escondido Union School District Maintenance and Operations Department.
b. Application, certification of insurance, and fees must be completed and submitted to the district ten working days prior to the event. Applicant will not advertise or promote said event until all site and administrative approvals are complete.
c. Upon approval of the application, a permit will be issued to the applicant. The applicant or designee must be in possession of the original permit during the time that the facility is being used. The permit is to be available for presentation to law enforcement or district representatives as identification and verification that the group is authorized to use the facility. Groups unable to provide an original permit will be required to leave the facility.
Restrictions for Use of Facilities
1. The district reserves the right to exclude certain areas from community use for safety or security reasons. Such areas might include offices or computer rooms containing records and confidential information, science rooms, and rooms containing hazardous chemicals or equipment that cannot be used safely without special knowledge or skills.
2. The district further reserves the right to restrict use of facilities deemed unique. Unique facilities are those areas which cannot be categorized as general classrooms or general outdoor athletic areas. Criteria to be used in determining uniqueness are based on areas in which special equipment is housed, appropriateness of activity to facility being used, operational costs, and health and safety factors.
3. Specific activities prohibited include kite flying, model rocketry, dunking booths, skateboarding, archery, trampolines, golfing activities, animal activities, model airplanes/helicopters, drones, rollerblading, jump houses and any other activities deemed inappropriate by the district or site administration.
Liability Insurance Required for Use of School Facilities and Grounds
1. Prior to the approval of the application for use of district facilities and grounds, the applicant shall submit to the superintendent or designee a certificate of insurance as evidence of comprehensive general liability coverage in the amount consistent with current district standards. General liability coverage will not be less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate limit shall apply separately to this agreement/location or the general aggregate limit shall be twice the required occurrence limit. Events with a higher risk of injury or damage may be required to provide general liability coverage in higher amounts at the district's discretion.
2. All required policies shall be issued by companies who hold a current policyholder's alphabetic and financial size category rating of not less than A-VII according to Best's Insurance Report and are licensed to do business in California.
3. All groups shall provide to the district an endorsement naming the district as additional insured.
4. The following shall apply when damage occurring to school property is not covered under the provisions of the certificate of insurance and the policy endorsement:
a. Groups or persons using school facilities 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.
b. Applicant's failure to pay said damages shall constitute sufficient cause for the district to take whatever legal action the district considers appropriate against the applicant.
c. Such action may include, but is not limited to, immediate cancellation of the application and disapproval of future applications to use school facilities and grounds and legal action to recover damages.
d. Any group using school facilities shall be liable for any injuries resulting from its negligence during such use. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk.
5. The superintendent or designee may require a hold harmless agreement when
warranted by the type of activity or the specific facility being used.
Charges for Use of Facilities and Grounds
Charges for the use of facilities and grounds shall be made in accordance with the following structure:
1. Direct Costs
a. Definition: Those costs incurred for supplies, utilities, custodial services, services of any other district employees, and salaries paid school district employees necessitated by the group's use of school facilities and grounds of the district.
2. Fair Rental Value
a. Definition: Those direct costs to the district plus the amortized costs of the school facilities or grounds for the duration of the activity.
b. Activities where fair rental value shall be charged include:
i. 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.
ii. Other activities deemed appropriate by the board.
ESCONDIDO UNION SCHOOL DISTRICT
September 13, 2018 Escondido, California