008.51

( ) Required

(X) Local

(x) Notice

PUBLIC USE OF SCHOOL FACILITIES

While the district’s school buildings and grounds are maintained primarily for the purpose of educating students within the district, the Board of Education recognizes that the buildings and grounds are a valuable community resource and believes that this resource should be available to the community for specific uses that will not interfere with educational activities. This policy is intended to identify the uses that community organizations within the boundaries of the East Rockaway School District may make of those facilities.

Permitted Uses

District facilities, with the exception of the high school auditorium, may be used for the purposes listed below, subject to the conditions and restrictions set forth in this policy.

A. Instruction in any branch of education, learning or the arts.

B. Social, civic, educational and recreational meetings and entertainments, or other uses pertaining to the welfare of the community so long as such uses are non-exclusive and open to the general public.

C. Meetings, entertainment and occasions where admission fees are charged, when the proceeds are to be spent for an educational or charitable purpose.

D. Polling places for holding primaries and elections, for the registration of voters.

E. Civic forums and community centers.

F. Recreation, physical training and athletics, including competitive athletic contests of children.

G. Programs that support the health and wellness of the staff of East Rockaway Union Free School District.

Prohibited Uses

Any use not permitted by this policy is prohibited. In addition, the following uses are specifically prohibited.

A. Meetings sponsored by political organizations.

B. Meetings, entertainments and occasions that are under the exclusive control of and the 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 veterans’ organizations or volunteer fire fighters or volunteer ambulance workers.

Conditions of Use for District Facilities

A. Use of district facilities may be permitted unless such facilities are in use for school purposes, or during educational programs. The district reserves exclusive and nonreviewable judgment to determine if a requested use would interfere with or disturb the district’s educational programs.

B. To ensure that district facilities are preserved for the benefit of the greater district community, only community based groups and organizations (that is, groups which are located within the geographic area covered by the district) may be granted access to district facilities. An exception may be made for groups and organizations that have at least 50% participation by residents within the geographical area covered by the district.

C. Use of district facilities will be permitted only where the applicant agrees to pay the district a user fee according to a schedule adopted by the district to cover the costs of maintenance, custodial services and any other expenses associated with the requested use. 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 condition use upon an applicant depositing with the district a sum equaling the estimated costs and fees associated with the proposed use 10 days in advance of the requested use. The district retains the further right to waive and/or modify user fees for groups that are associated with or sponsored by the district when such meeting/activity does not charge admission and/or generate revenue.

D. Where, in the judgment of the district, the requested use of district facilities requires special equipment or supervision, the district reserves the right to deny such use, or in the alternative, to condition such use upon the applicant’s payment of additional fees in accordance with paragraph C above. Only authorized personnel shall operate district equipment.

E. Use of district facilities will only be permitted where the organization provides the district timely evidence of adequate insurance coverage ($1,000,000 minimum) to save the district harmless from all liability, property damage, personal injuries and/or medical expenses. The district will exercise complete and unreviewable discretion regarding what constitutes adequate insurance coverage for each proposed use.

F. The Board reserves the discretion to deny use of district facilities described above, or to terminate use of district facilities:

1. By an applicant who has previously misused or abused district facilities or property or who has violated this policy;

2. For any use which could have the effect of violating the Establishment Clause of the United States Constitution or other provisions of the United States or New York State Constitutions;

3. For any use which, in the estimation of the Board, could reasonably be expected to or actually does give rise to a riot or public disturbance;

4. For any use which the Board deems inconsistent with this policy;

5. For any use by a private for-profit entity that has the direct or indirect effect of promoting the products or services of such entity;

6. In any instance where alcoholic beverages or unlawful drugs are sold, distributed, consumed, promoted or possessed;

7. For any use prohibited by law.

Ref: Education Law §414

Review Date: May 11, 2010

Adoption Date: June 15, 2010

008.51-R

APPLICATION PROCEDURES FOR USE OF DISTRICT FACILITIES

The following procedures shall apply to the use of school district facilities.

Applications for use of district facilities and facility use requirements will be available on the district website as well as from the Business Office and the Facilities Office.

All applications for use of school facilities shall be made in writing and submitted at least three (3) weeks prior to the date of the requested use.

Organizations will submit an application to the Director of Physical Education, Health and Athletics for use of any athletic facilities, indoor or outdoor, and to the Building Principal for use of non-athletic indoor spaces.

The Director of Physical Education, Health and Athletics and Building Principals, upon their approval, will forward the application to the Superintendent. If application is not approved at this level the principal/athletic supervisor will contact the applicant.

The Superintendent, upon his/her approval, will forward the application to the Business Office where any costs will be calculated and collected as per the following schedule. In addition, insurance certificates will be verified. The Business Office will notify the applicant regarding approval and fees.

Building Use Annual Application Fee -- $25

Kitchen Use –Cost will be determined based on current hourly contractual rate.

Custodian Overtime – Cost will be determined based on current hourly contractual rate.

The original application will remain on file in the Business Office. The Business Office will make three copies and forward one to each of the following:

Applicant
Principal/Athletic Director
Facilities

Facilities Office will enter the building use data in a shared district spreadsheet.

All applicants must review the Facilities Use Requirements prior to submitting the application. All applications must be signed by an authorized agent of the group or organization requesting use. The applicant’s signature on the application shall attest to the group or organization’s intent to comply with all Board policies and regulations and to use district facilities strictly in accordance with the use described in the application.
All applicants must agree to assume responsibility for all damages resulting from its use of district facilities. Proof of adequate insurance must be provided by the applicant at least 10 days before the date of the requested use.
Approved applications shall be valid only for the facility, use, dates and time specified in the application. No adjustment to the approved application is allowed except with the prior written approval of the Superintendent. Approved applications shall not be transferable.
The Superintendent/designee is authorized to alter or cancel any approved application if it becomes necessary to use the facility for school purposes or for other justifiable reason.
With regard to scheduling activities, the district retains the right to give preference to groups and organizations which are associated with or sponsored by the district.
An approved application shall not limit the right of access to the facility by district staff.

Review Date: May 11, 2010

Adoption Date: June 15, 2010

008.51-E1

READ ATTACHED REQUIREMENTS AND RETURN APPLICATION TO:

EAST ROCKAWAY UNION FREE SCHOOL DISTRICT

443 Ocean Avenue

East Rockaway, New York 11518

516-887-8300 x553 or x545

FACILITY USE REQUIREMENTS

The use of all District facilities shall be subject to the approval and rules of the Board of Education administered by the Building Principal and his/her designee.

1. Organizations will submit an application to the Director of Physical Education, Health and Athletics for use of any athletic facilities, indoor or outdoor, and to the Building Principal for use of non-athletic indoor spaces.

2. In the event of inclement weather, the Principal or his/her designee has the final

authority on whether facilities are usable.

3. Intoxicants shall not be brought onto District facilities at any time.

4. All posted rules must be adhered to.

5. Profanity, objectionable language, disorderly acts or illegal activities of any kind are absolutely prohibited, and those violating this prohibition will be ejected from the premises.

6. Any damage to the District facilities/athletic fields shall be promptly repaired at the user’s expense. No exceptions.

7. All doors must be locked and lights turned off when leaving the building.

8. Organizations using the facilities must clean-up afterwards.

9. Approved applications may be revoked at any time and are not transferrable.

10. Any organization with youths under 18 years of age requires the presence of adequate adult supervision at all times.

11. The fee for use is payable ten days before use begins. This may include the annual application fee as well as a cost for kitchen use and custodial expenses.

12. The emergency telephone number of the 4^th Precinct is 516-573-6400; fire 516-599-4400.

13. Smoking or other use of tobacco products is prohibited by NYS law and not allowed on District property.

14. The locations of the AEDs are posted at the entrance of each building.

15. Facilities are not available if in conflict with school use. No unauthorized vehicles are allowed on school property. No field or building alterations (lining or grooming of fields or gymnasiums, erecting permanent goal posts or structures, et.) are allowed without prior approval.

16. The district does not discriminate on the basis of race, color, national origin, physical impairment or sex in its educational programs or employment services.

17. All users must provide the following insurance prior to using facilities.

FAILURE TO DO SO PRIOR TO USE WILL RESULT IN REVOCATION OF PERMIT:

a) The user hereby agrees to name the District as an unrestricted additional insured on the user’s policy.

b) The policy naming the District as an additional insured shall:

I. Be an insurance policy from an A.M. Best rated “secured” New York State insurer, permitted to do business in New York State.

II. Contain a 30 day notice of cancellation.

III. State that the organization’s coverage shall be primary coverage for the District, its Board, employees and volunteers.

IV. Additional insured status shall be provided with ISO endorsement CG 20 26 11 85 or its equivalent.

c) The user agrees to indemnify the District for any applicable deductibles.

d) Required insurance: Commercial General Liability Insurance - $1,000,000 per occurrence/$2,000,000 aggregate.

e) User knowledge that failure to obtain such insurance on behalf of the District constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the District. The user is to provide the District with a certificate of insurance, evidencing the above requirements have been met. The failure of the District to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the District.

The District is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). The consultant further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the district but also the NYSIR, as the District’s insurer.

18. Prior to the start of the event, an announcement must be made to your group regarding emergency evacuation procedures. For example, pointing out posted procedures, directions for exiting, how to respond to a fire alarm, etc. In the event of an emergency call 911.

19. In the event of an accident, please notify the custodian on duty. In addition, call the Business Office the next morning at 516-887-8300 x553

Review Date: May 11, 2010

Adoption Date: June 15, 2010

Approval

____Yes ___ No

Date __________

EAST ROCKAWAY UNION FREE SCHOOL DISTRICT 008.51-E2

443 Ocean Avenue

East Rockaway, NY 11518

516-887-8300 x553 or 545

APPLICATION FOR USE OF DISTRICT FACILITIES

Today’s Date: ___________________ Date(s) Requested: _____________________________

School Requested: ________________________Room/Specific Area(s)____________________

Will use of kitchen be required? Yes_____ No _________

If refreshments are served, briefly describe: ___________________________________________

Do refreshments contain peanut or peanut products? Yes _______ No _______

INFORMATION ABOUT GROUP

Name of Organization: ________________________________________________________

Contact person for the activity___________________________________________________

Mailing Address: _____________________________________________________________

Telephone: (Day)__________________(Night)_____________ (Cell)____________________

INFORMATION ABOUT INTENDED USE OF SCHOOL DISTRICT FACILITIES

Purpose of Use/Description of activity: _____________________________________________

___________________________________________________________________________

Time: _________ to _________ Total Participants Expected: ______ Adults ______ Children

Is equipment required: Yes _________ No _______

If needed, state what type and for what purpose: ____________________________________

___________________________________________________________________________

Is building clean-up required? Yes _____ No ________

Residents (Number): ______________ Non-Resident (Number): _____________

Is an admission fee being charged? Yes ______ No ______

If so, what will proceeds be used for? _____________________________________________

INSURANCE

Insurance Carrier for Organization ________________________________________________

E.R. must be listed as an unrestricted additional insured (required)

Amount of Liability Coverage ___________

Effective Date of Liability Coverage: From ______ To________

Copy of Insurance attached: Yes _____ Already on File _________

AGREEMENT

The undersigned is at least 21 years of age and has read this form and attached regulations and agrees to comply with them. He/She agrees to be responsible to the East Rockaway School District for the use and care of the facilities. He/She, on behalf of _________________________________ does hereby

(Name of Organization)

covenant and agree to defend, indemnify and hold harmless the East Rockaway School District from and against any and all liability, loss, damages, claims or actions (including costs and attorney fees) for bodily injury and/or property damage, to the extent permissible by law, arising out of or in connection with the actual or proposed use of East Rockaway School District’s property, facilities and/or services.

Signature of Person Completing the Application ___________________________________________

(Authorized agent of the group or organization)

Address: ________________________________________________ Tel # _____________________

Applications will be submitted to the Director of Physical Education, Health and Athletics for use of any athletic facility indoor or outdoor and to the building principal for use of any non-athletic indoor spaces.

Please allow three weeks for this form to be processed and returned.

For District Use Only

APPROVALS FOR USE OF FACILITIES

__________________________________ Approved _____ Disapprove______ Date_______

Principal

__________________________________ Approved _____ Disapprove______ Date_______

Athletic Director (if applicable)

__________________________________ Approved _____ Disapprove______ Date_______

Superintendent

CALCULATION OF COST—To be completed by Business Office

No additional costs __________

1. Annual Application Fee: $25 Paid ___ Owed____ Waived ____

2. Kitchen Use - $ _____ / hour Number of Hours______ Kitchen Cost ______

3. Custodial Time - $ ___ / hour Number of Hours ______ Custodial Cost _____

AMOUNT OWED TO DISTRICT TEN DAYS PRIOR TO ACTIVITY: ________________

Review Date: May 11, 2010

Adoption Date: June 15, 2010

NYSSBA Policy 1500, 1500-R, 1500 E1 and 1500 E2