KFCOMMUNITY USE OF
SCHOOL FACILITIES
KFThe Governing Board may grant the use of school facilities to any person, group, or organization for any lawful purpose in the interest of the community including: recreational, educational, political, economic, artistic, moral, social, scientific, religious, other civic or governmental, including extended day resource programs. Such use shall not interfere with any school activity.
Fees
A reasonable use fee shall be charged for the lease of school facilities and property and this fee may be offset by goods contributed or services rendered by the lessee. "Reasonable use fee" means an amount that is at least equal to the cost for utilities, services, supplies or personnel provided to the lessee pursuant to the terms of the lease.
A schedule of fees and direct expenses shall be adopted annually. This schedule shall include the following classes of usage:
● Class I. School-related, student-centered groups that exist for the sole purpose of contributing to the success of our Cave Creek Unified School District (CCUSD) students.
● Class II. Youth Athletic Programs, Youth Development Programs that are non-profit organizations as specified by law (must provide IRS 501(c)(3) acceptance letter) and involve a majority of students from the District.
● Class III. Groups and Organizations that, for the most part, do not involve only students from the District and/or will not likely perform educational functions for District students.
● Class IV. Commercial or for-profit organizations.
Any individual, group, or organization presumptively classified as Class II may submit a request for uncompensated use of school facilities, which shall include an explanation of why uncompensated use should be permitted. The Superintendent is authorized to make the final decision on such request.
Uncompensated Use
The Superintendent may permit the uncompensated use of school buildings and grounds by any District or school related group or by any non-school related community non-profit organization whose membership is open to the public, provided that the activity for which the facility is to be used promotes the educational function of the School District. "Education function" means uses that are directly related to the educational mission of the District as adopted by the Board and includes the educational mission related uses of parent - teacher organizations, youth organizations and school employee organizations. Use of facilities or property by organizations indicated above that will require a substantial District cost for utilities, services, supplies and/or personnel may be permitted only if goods contributed, services rendered or payments are made to reimburse these costs to the District.
The mission of the District is found in section A of the policy manual (see cross referenced policies below). The mission statement and the group’s or organization’s promotion of the educational function through the activity, as interpreted by the Superintendent in good faith, will be the basis upon which uncompensated use of District facilities and property shall be approved or denied.
Uncompensated use means that the group or organization pays only the District's direct costs resulting from the use of the facilities. The Board has determined, in good faith, that recreational or educational activities for the youth residing within the District's boundaries promote the educational function of the District.
Generally
Property not associated with the use of facilities is covered in section E of the Policy Manual (see cross referenced policies below). The District will use its best effort to avoid conflicts with approved use of the facilities and property but no lease or use provision shall be effective if the administrator of the facility finds that it would cause delay, cancellation or rescheduling of a school-sponsored activity.
Insurance
Proof of liability insurance with minimum limits of one million dollars ($1,000,000) shall be required for the use or lease of school property pursuant to A.R.S. 15-1105(C). The School District and its Governing Board, employees, and agents shall be named an additional insured under the liability insurance policy during the use of the facilities and property.
The School District and its employees, including the Governing Board, Superintendent or Chief Administrative Officer, are immune from civil liability with respect to all decisions made and actions taken to allow the lease or use of school property, unless the School District or its employees are guilty of gross negligence or intentional misconduct. This does not limit any other immunity provisions that are prescribed by law.
Procedures, Rules, and Regulations
The Superintendent shall establish such rules and regulations as are needed to implement this policy as well as to assure the preservation of District property. If damage to the facilities occurs as the result of irresponsibility on the part of the applicant, charges shall be made to cover the amount of the damage.
The Governing Board reserves the right to cancel any agreement if, after investigation, it is deemed that such use is not in the best interest of the District.
Initial inquiries for use of school facilities should be made to the appropriate school principal(s) or site administrators, to determine if the facility is available and to obtain approval for the application process to move forward. School activities shall always be given preference for use of facilities. Upon approval by the site administrator, the applicant shall obtain a facilities use packet from the Facilities Services Department.
The lessee of school facilities must affirm knowledge of and enforce the requirements and restrictions set out in Chapter 28.1 of A.R.S. Title 36 related to medical marijuana.
The lessee of school facilities to be used for athletic activities must confirm knowledge of and compliance with the requirements and restrictions for such use as set out in Board Policy JJIB.
The Fine Arts Center Manager administers Fine Arts Center use. All applications for use of the Fine Arts Center must be submitted to the Fine Arts Center Manager.
Elections
The principal of a school may deny a request to provide space for use as a polling place if within two (2) weeks after a request has been made the principal provides a written statement indicating a reason why the election cannot be held in the school that includes any of the following:
● Space is not available at the school.
● A disruption of the normal school activities would occur.
● The safety or welfare of the students would be jeopardized.
Posting of political signs and other electioneering activities will not be permitted on school property at any time including on Election Day at school sites used as polling places.
Adopted: April 26, 2016
LEGAL REF.:
A.R.S.
15-511
15-1105
15-1141 to 15-1143
16-411
36-2801 et seq., Arizona Medical Marijuana Act
CROSS REF.:
A - District Mission and Belief Statement
AC - Nondiscrimination/Equal Opportunity
EDC - Authorized Use of School-Owned Materials and Equipment
KFA - Public Conduct on School Property