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Viewing Policy: AR 1330 Use of School and County Facilities



Administrative Regulation 1330: Use of School and County Facilities

Community Relations

Original Adopted Date: 5/11/17| Last Revised: 8/19/21

 

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 San Benito County Office of Education (SBCOE) 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. Child care programs to provide supervision and activities for children of preschool and elementary school age
  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 youth 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
  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)

  1. Other purposes deemed appropriate by the San Benito County Board of Education

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 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 drugs or any restricted substances, including tobacco
  4. Any use which involves the possession, consumption, or sale of alcoholic beverages, except for special events approved by the Superintendent or designee pursuant to Business and Professions Code 25608 which are covered by a special events permit pursuant to Division 9 of the Business and Professions Code and which will occur at a time when students are not on the Any such use of school facilities shall be subject to any limitations that may be necessary to reduce risks to the district and ensure the safety of participants, as determined by the Superintendent or designee. Applicable limitations shall be clearly stated in the facility use agreement to be signed by the user’s representative.

The SBCOE 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 damage caused by the activity. The SBCOE 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 SBCOE with evidence of insurance against claims arising out of the group’s own negligence when using school facilities. (Education Code 38134)

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT

Community Relations

USE OF SCHOOL and COUNTY FACILITIES

E1330

SAN BENITO COUNTY OFFICE OF EDUCATION

FACILITIES USE STATEMENT

 

The undersigned, __________________, is duly authorized by _______________(name of

organization) ______________________________________, to act on its behalf in requesting the use of school facilities, including but not limited to, executing any agreement or undertaking required by law and district policy and regulations governing the use of facilities.

The organization shall comply with all restrictions placed on the use of the school facilities by law or SBCOE policy or regulations.

The organization recognizes that, in accordance with Education Code 38134, it is liable for any damage to the school facilities or for any injury to any person due the organization’s negligence in using the school facilities.

_________________________________________________

(signed)

 

______________________

(date)

 

___________________________________________________
(Organization)