Policy GC - Community Use of School Facilities

The primary use of Juab School District facilities is for the District’s educational, athletic,and extra-curricular programs. All other uses are secondary. The Juab School District Board of Education believes that school facilities are owned by the public and should therefore be made available to the public for educational, cultural, recreational, and community activities. This policy allows for public use of District facilities while preserving the primary use of District facilities and protecting District facilities and employee resources.

Permit

District Facilities include District buildings, grounds, and equipment as applicable. The use of District Facilities is granted pursuant to the Utah Civic Center statutes. (See Utah Code §53G-7-209 and 210.) Approval under this policy is a permit and grants the District full legal immunity under the Government Immunity Act. (See Utah Code §63G-7-201.)

Civic Center Act

Pursuant to Utah Code §53G-7-209, public school buildings and grounds are civic centers and may be used by Juab School District residents for appropriate, supervised recreational activities and meetings, subject to the requirements and restrictions set forth herein. The use of District Facilities for civic center purposes may not interfere with any school function or purpose.

Fee for Use

The Board may set and charge a reasonable fee for the use of District Facilities for civic center purposes to fully compensate the District for any and all expenses reasonably related to such use. The fees are established pursuant to this policy and the Fee Schedule.

Class Definitions for Use of District Facilities

Each use of District Facilities is classified according to this section. The District retains sole and absolute discretion for classification of use. Class determination is normally made by the school administrators. The Fee Schedule in this section will set forth the fee for each category of use.

Category 1 – District or School Sponsored Events or Activities.

1. The use of District Facilities under this classification shall be subject to applicable District policies, procedures, rules, and regulations, and may be subject to fees as determined by the school administrator.

2. Category 1 includes, but is not limited to, the following:

1. District or school sponsored staff and student groups.

2. School or student clubs.

3. District or school sponsored school athletic teams.

4. District or school sponsored camps/clinics.

5. School student councils.

6. District departments conducting staff development, in-service training, or other job-related training classes for District personnel and at the request of a District administrator.

7. Activities, events, and programs sponsored by the District or its schools.

8. Activities and programs sponsored and administered by District Community Education.

9. Official school class reunions.

10. District-sponsored summer and out-of-season activities.

11. Utah State Board of Education events hosted by the District.

Category 2 – District Employee Use (not for profit).

1. A fee may be charged for personal use of District Facilities. Personal use of District facilities for-profit is treated as Category 5 - Commercial Use.

2. Generally, District employees will not be charged for use of District Facilities if such use is personal and does not require District to incur expenses to supervise, clean-up, or secure the premises after such use. Such use also must be consistent with District and school policies. School administrators in their sole discretion shall determine whether a District employee’s use ofDistrict Facilities is of such nature that a fee should be charged and the amount of that fee.

3. District employees must comply with school policy in scheduling District Facilities.

Category 3 – Interlocal Agreement Use.

1. This category applies to city, county, state, or other governmental entities desiring to use District Facilities. Terms, conditions, stipulations, and fees are set forth in a written inter-local agreement between the District and the governmental entity.

2. Fees and usage under this Category 3 shall be per the applicable inter-local agreement.

3. Governmental entities may not sublet use of District facilities to other individuals or entities without express written consent of the District.

Category 4 – Charitable, Civic, Religious, and Private Use. For-Profit Use that Directly Benefits and Offer Opportunity to JSD Students

1. Category 4 includes, but is not limited to, the following:

   1. Private functions and events, such as family reunions, weddings, dinners, holiday celebrations, and other such activities.

   2. Organizations or clubs that solicit fees, dues, or contributions from the participants or the public as long as the net proceeds are expended for the welfare of students of the District, for charitable purposes, or for the betterment of the community. These organizations operate primarily on unpaid volunteer help (i.e., non-profit clubs, charitable, civic, or religious organizations).

   3. Government entities that do not have an interlocal agreement with the District.

   4. For-profit organizations, groups, teams, and activities that realize a profit but also directly benefit and offer opportunity to JSD students.

2. Except as otherwise stated herein, fees under this category shall be pursuant to the Fee Schedule.

3. School administrators may occasionally grant limited free use to public service organizations, who perform strictly public services, such as civic groups, Boy Scouts or Girl scouts, community programs and activities, when custodial or other services are not required beyond the regularly scheduled duty.

Category 5 – Commercial Use.

1. This category includes all business, for-profit, and other individuals or entities not identified in any of the other categories.

2. Fees under this category shall be pursuant to the Fee Schedule.

Category 6 – Political Parties

1. No fee will be charged to a registered political party, as defined by and certified under the Utah Election Code, Utah Code Ann. § 20A-8-101, et seq., for use of District Facilities for the political partys officially announced caucus meetings. However, all other use by political parties, includingdelegate meetings, conventions, and any other use that is not the party’sofficial caucus meeting held during an election year, is subject to the fees set forth in the Fee Schedule.

2. No fee will be charged for use of District Facilities as a polling places on election days, whether primary or general.

3. Pursuant to Utah Code § 20A-8-404, the fee charged to registered political parties may not exceed the actual cost of custodial services and any other service requested by the political party provided by the District.

4. Except as otherwise stated herein, fees under this category shall be pursuant to the Fee Schedule.

5. Political parties shall be able to use District Facilities provided the party makes its request:

1. At least 30 calendar days before the day on which the use by the political party will take place; and

2. The meeting facility is not already scheduled for another purpose at the time of the proposed use.

Use Guidelines & Restrictions

1. District kitchen facilities shall only be used for Category 1 uses under the direction of trained school lunch personnel pursuant to District policies.

2. School administrators may deny or rescind requests that would disrupt school programs or threaten damage to School Facilities.

3. Sunday and holiday use of District Facilities is strongly discouraged and shall only be allowed in the most unique of circumstances and with Board approval.

4. Supplies or equipment belonging to the school, its staff, or students may not be removed from the premises.

5. Use of tobacco, use of marijuana, use of drugs (excluding medication used pursuant to a prescription and properly used over-the-counter medications), and the drinking of alcohol are strictly prohibited at District Facilities.

6. Undue rowdyism or the use of profanity is prohibited at District Facilities.

7. Excluding Category 1 uses, there shall be no structural modifications to District Facilities.

8. Drapes, hangings, curtains, drops, and all decorative materials used on or in District Facilities shall be made of non-flammable material. Excluding Category 1 uses, there shall be no fires, flames, or lighted candles used on or in District Facilities.

9. School administrators may prohibit the use of a District Facility in the event such facility is in need of maintenance, repair, or restoration; or the physical condition of the facility is unsafe for the intended activities; or for any other reason relating to the condition of the facility as determined in the administrator’s sole discretion.

10. District Facilities may not be used for conduct that is illegal, false, inaccurate, threatening, harmful, hateful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, indecent, lewd, profane, or invasive ofa person’s privacy. Facilities may not be used for activities that violate anystate or federal laws, rules, regulations, or District policies or procedures. Facilities may not be used to promote illegal discrimination on the basis of gender, race, color, religion, age, national origin, disability, or any other legally protected classification. District Facilities may not be used for events that would subject the District or District personnel to public embarrassment, ridicule, scorn, or are contrary to the moral and decency standards accepted in the community.

11. Auditorium Use.

    1. Excluding Category 1 use, entities or individuals using the auditorium shall not be permitted to remove or displace furniture, equipment, or apparatus, including lights, curtains, and ceiling valance.

    2. Auditorium lights, sound equipment, and other technical equipment shall only be operated by authorized District personnel. The user of the auditorium is responsible for all costs associated with the District personnel required to operate District equipment.

    3. With its application for a use permit, user shall provide full details of equipment and personnel it requires.

    4. If user intends to bring any decorations, seating, equipment, stage sets, or anything of the like into the auditorium, such must be identified in its application. School administrators may prohibit the use of any decorations, seating, equipment, stage sets, or anything of the like if they deem in their sole discretion that such may do damage to District Facilities or is not conformance with District policies and goals.

    5. No structural modifications shall be made to the stage or auditorium without formal approval of the Board.

    6. Users of the auditorium shall comply with all other provisions of this policy.

Insurance & Indemnity Requirements

1. A certificate of liability insurance naming the District as an additional insured in the minimum amount of Five Hundred Thousand Dollars ($500,000), unless the school administrator in her sole discretion allows for a lesser limit or requires a higher limit, shall be obtained by the user and submitted with its use application.

2. The liability insurance shall cover claims for damage to personal property and real property as well as coverage for personal injury and death.

3. The insurance provider must be A-rated.

4. Users shall enter an agreement to hold harmless and indemnify the District and its personnel from any and claims or damages that arise from users use of District Facilities.

5. Users are responsible and liable for all damage to personal and real property that are a result of their use of District Facilities. Users are also responsible and liable for all injuries or death to persons as a result of their use of District Facilities.

Application & Payment

1. Application for rental of District Facilities will be made at the requested school building.

2. The application shall be signed by the applicant.

3. The application shall be fully completed and include the certificate of insurance, payment of rental fee, and deposit.

4. Payments will be accepted by the requested school, recorded, and sent to the District Office with a copy of the original application.

5. Cancellations shall be reported to the building principal where the rental is occurring.

6. Deposit amounts shall be in the amount of Five Hundred Dollars ($500) unless a different amount is required by the appropriate school administrator. The deposit shall be applied to any expenses above the rental fee the District incurred as a result of user’s use of the District Facility.Expenses include, but are not limited to, damages to District Facilities or additional personnel expenses. The deposit is not a cap on the user’s liabilityto the District.

7. The school principal where the use occurs shall submit to the District Office any damage or issues that arose from a rental of that building or grounds.

8. School personnel shall report to the appropriate District authorities any questionable use or activity connected with rental of District Facilities.

9. Once the rental agreement is finalized, the user will schedule the District Facilities with the principal over those facilities based on availability.

10. In the event a District activity arises requiring the cancellation of the rental, then the user shall receive a refund of monies paid but no additional damages.

11. All applicants must commit to abide by this policy and the standards of behavior of the District. A user who has previously violated this policy or other District policies may be denied use of District Facilities.

1. Unless stated otherwise in this Policy or Fee Schedule, the minimum rental fee for any District Facility shall be the rate for one employee hour.

2. Category 6 fees shall be as set forth above or actual costs to the District, whichever is less.

3. Multi-day Use. Groups seeking to use District Facilities for multiple days for practice, rehearsals, and games, programs, performances, etc. The time frame for this type of use is no less than two (2) days and no more than four (4) months. The rental fee for this type of multi-day use is as follows:

   1. Category 4 – Initial deposit of $300 per group or team. Upon completion of the contracted time, $100 will be returned to user minus real custodian and other costs incurred by the District as a result of such use. If the costs to the District from the use of the District Facility are more than this minimum, then the user is responsible for all additional costs. The school administrator will inform the user of the fee for the use if it will be more than the stated minimum and may require a higher deposit for the particular use.

   2. Category 5 – Initial deposit of $700 per group or team. Upon completion of the contracted time, $100 will be returned to user minus real custodian and other costs incurred by the District as a result of such use. This is a minimum fee. If the costs to the District from the use of the District Facility are more than this minimum, then the user is responsible for all additional costs. The school administrator will inform the user of the fee for the use if it will be more than the stated minimum and may require a higher deposit for the particular use.

4. Special Event Multi-day Use. Groups seeking to use District Facilities for multiple days for a special event such as a tournament, competition, etc. Typically, these events will be between two (2) to four (4) days or portions of days and may cover multiple District facilities. The rental fee for this type of special event is as follows:

   1. Category 4 – By agreement with the school administrator for the school or the District Board. Generally, this agreed upon amount should be sufficient to cover the costs the District incurs as a result of the event.

   2. Category 5 – By agreement with the school administrator for the school or the District Board.

   3. Notwithstanding the previous information set forth herein, the District may deny use of any District Facility if the District determines in its sole discretion that such use will have a negative financial impact on the District.