Avery County Schools Policy Policy Code: 5030
COMMUNITY USE OF FACILITIES
The Avery County Board of Education endorses the goals of the Community
Schools Act. The board will make specified indoor and outdoor school facilities
available for use by eligible community groups under agreements developed in
accordance with this policy. The board will also make some outdoor school
facilities available for limited recreational use by the general public when not
inconsistent with the board’s use of the facilities. Public use is subject to Section
H of this policy.
A. GENERAL PRINCIPLES
The use of school facilities by community groups should be consistent with the
educational program and the goals and objectives of the board and school system.
Priority for community facility use will be given to community groups as outlined
below in Section B. For-profit groups are not permitted to use school facilities.
Use of the facilities will be allowed under the assumption that the facilities will be
left clean and orderly after use.
Use of school facilities will not be approved for activities that do any of the
following:
1. Violate federal, state or local laws;
2. Violate board of education policies or regulations;
3. Advocate imminent violence;
4. Damage or have the potential to damage school buildings, grounds or
equipment; or
5. Are in conflict with scheduled school activities.
B. PRIORITY IN USE/FEE STRUCTURE
School-sponsored groups and activities, such as school athletic events, and school
drama and choral productions, and meetings of student organizations, including
organizations permitted to meet under the Equal Access Act, will have first
priority in the use of school facilities.
Priority in the use of school facilities by other groups and the fee structure for
such groups will be in accordance with law and the following user categories.
Priority in use among groups within the same user category will not be based
upon the viewpoints of the groups (see policy 1710/4021/7230, Prohibition
Against Discrimination, Harassment, and Bullying). All groups within the same
user category will be charged for facility use according to the uniform fee
schedule.
Avery County Schools Policy Code: 5030 Page 1 of 5 1. In accordance with G.S. 163A-1046, as a polling place on election days
2. School related groups (organizations formed to support the school in some
manner, such as the PTA, PTO, teachers and principals, organizations and booster
clubs)
Fees: None.
3. In accordance with G.S. 115C-527, political parties for the express purpose of
annual or biennial precinct meetings and county and district conventions
Fees: Custodial and utility fees may be charged.
4. Local government and youth organizations (includes but is not limited to Scouts
and 4-H)
Fees: None
5. All other non-profit groups (all groups not included in the other categories as well
as political parties when meeting for purposes other than precinct meetings or
county or district conventions)
Fees: Rental, kitchen, utilities, custodial and supervisory fees will be
charged.
Prior to the beginning of each school year, the superintendent will submit the
amount or method of calculating rent and fees to be charged in accordance with
this fee structure to the board for approval.
C. REQUESTS FOR USE OF FACILITIES
An eligible individual or group that wishes to apply for permission to use a school
must submit a written application to the principal of the school in which the
facility is located. Facility use request forms will be available in the school
administrative office and in addendum A of this policy.
D. FACILITIES AVAILABLE FOR USE
The board permits eligible individuals or groups to use the facilities of those
schools designated by the board as “community schools.” A list of community
schools and the facilities at each site that are available for community use will be
available to the public at the superintendent’s office and each principal’s office.
The superintendent is authorized to develop a list of school facilities available for
community use. Among the types of facilities that may be available for
community use are auditoriums, athletics fields, dining areas, kitchens, designated
classrooms, gymnasiums, media centers, and playgrounds.
Other school facilities may be used only in exceptional circumstances based on a
justified need and as approved by the superintendent or designee. The
superintendent is authorized to determine the fees for the use of facilities in such
circumstances.
Avery County Schools Policy Code: 5030 Page 2 of 5 E. RULES GOVERNING USE OF SCHOOL FACILITIES
The superintendent shall develop regulations consistent with this policy. The
regulations will include an application process and provisions regarding the
supervision of groups using facilities, the care of facilities, prohibited conduct,
and other issues deemed appropriate by the superintendent. A copy of the
regulations will be provided to all applicants at the time they receive the facilities
use form. In addition to the regulations established by the superintendent, users of
school facilities must comply with the following rules:
1. Users must comply with all federal, state and local laws and all rules
established by the board, the superintendent or designee, and the principal.
2. Users must comply with the requirements of the Americans with
Disabilities Act (ADA) (particularly Subchapter III pertaining to Public
Accommodations and Services Operated by Private Entities) and the
federal regulation that have been adopted for the implementation of the
ADA.
3. Users must comply with board policy and legal requirements forbidding
the use of tobacco products in school facilities and on school grounds (see
policy 5026/7250, Smoking and Tobacco Products).
4. Users must not consume or possess alcohol or drugs on school grounds
(see policy 5025, Prohibition of Drugs and Alcohol).
5. Users must not possess weapons or explosives while on school grounds,
except in the limited circumstances permitted by state law and policy
5027/7275, Weapons and Explosives Prohibited.
6. Users are responsible for supervising their activity and the people present
at their activity. Users are responsible for maintaining order and safety
during their activity.
A user’s violation of the provisions of this policy or any applicable regulations is
grounds for suspending the user’s privilege to use school facilities for a period of
time deemed appropriate by the principal, subject to the review of the
superintendent and the board of education.
F. DAMAGES AND LIABILITY INSURANCE
Users of school facilities are responsible for all damage to school facilities,
property, or equipment that occurs while the facility is being used by the group,
regardless of who caused the damage. Users also are responsible for the conduct
of all persons involved in the users’ activities while on school property.
Avery County Schools Policy Code: 5030 Page 3 of 5 All user groups, except school-sponsored groups, must furnish a certificate of insurance for general liability coverage with a total coverage of $1,000,000 for each claim made. Alternatively, the superintendent or designee may require the user group to execute a waiver of liability that states that no liability will be attached to the board of education, individually or collectively, for personal injury or personal property damage by reason of use of the school property.
G. TERMS AND ACCEPTANCE OF LEASE
The superintendent is authorized to enter into agreements with community groups
for the lease of school property for terms of one year or less. All such leases must
be reviewed and approved in advance by the board attorney. The superintendent
will inform the board of the execution of any lease at its next regularly scheduled
meeting. Leases may be renewed following the same process.
Absent unusual circumstances, leases will not be granted for a term longer than
one year. A lease for more than one year must be approved in advance by the
board. Long-term exclusive leases are subject to the provisions of policy 9400,
Sale, Disposal, and Lease of Board-Owned Real Property.
H. USE OF OUTDOOR SCHOOL FACILITIES BY THE GENERAL PUBLIC
Outdoor property and facilities of the school system will be open to limited use by
members of the general public in accordance with rules to be established by the
superintendent or designee. Public use will be permitted only to the extent that it
1) is not inconsistent with the proper preservation and care of the outdoor school
property; 2) does not interfere with the safe and efficient operation of the schools
and school activities; and 3) does not conflict with use by any community group
operating under a facility use agreement described in this policy. The
superintendent is authorized to establish all terms, conditions, and rules necessary
to regulate the use of outdoor facilities by members of the general public
consistent with these requirements.
I. REVIEW OF DECISIONS CONCERNING USE OF SCHOOL FACILITIES
Any person or organization may request a review of any decision made by a
school employee pursuant to this policy in accordance with policy 1740/4010,
Student and Parent Grievance Procedure.
J. ADMINISTRATIVE REGULATIONS
Fee Schedule for Community Use of Facilities
Flat fee to cover: Rental Utilities
Avery County Schools Policy Code: 5030 Page 4 of 5 An additional fee of $15.00 an hour will be assessed for each employee for custodial, supervision, and/or other services.
Weekdays 0-3 Hours ................... $25.00 3-7 Hours ................... $50.00 Over 7 ...................... $100.00
Weekends (Saturday and Sunday) 0-3 Hours ................... $50.00 3-7 Hours ................... $75.00 Over 7 ...................... $150.00
Legal References: Americans with Disabilities Act, 42 U.S.C. 12101 et seq., 28 C.F.R. pt. 35; Equal Access Act, 20 U.S.C. 4071-4074, 28 C.F.R. pt. 36; Boy Scouts of America Equal Access Act, 20 U.S.C. 7905, 34 C.F.R. pt. 108; 36 U.S.C. 20101 et seq.; G.S. 14.269.2; Community Schools Act, G.S. 115C-203 to -209.1; 115C-524, -527; 160A- 274; 163A-1046
Cross References: Prohibition Against Discrimination, Harassment, and Bullying (policy 1710/4021/7230), Student and Parent Grievance Procedure (policy 1740/4010), Prohibition of Drugs and Alcohol (policy 5025), Smoking and Tobacco Products (policy 5026/7250), Weapons and Explosives Prohibited (policy 5027/7275), Sale, Disposal, and Lease of Board-Owned Real Property (policy 9400), 3623 Extra-curricular Activities in Inclement Weather and Holiday Periods
Adopted: 01-08-01 Revised: 04-02-01, 03/21/02, 8/05/02, 12/5/05, 07/09/13; 7/14/16; 10/9/17; 10/8/18; 9/10/19
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