1330 Public Use of School District Facilities
Reviewed Date: 10/30/2017
1000 - Community Relations
Public Activities Involving Staff. Students or School Facilities
1330 Public Use of School District Facilities
Regulation Info: 1330R
The Board of Education recognizes that the buildings, grounds, facilities and equipment (collectively “facilities”) of the Lakeland Central School District are community assets. District facilities exist primarily for the education and recreation of the school children of the District. All uses of the District’s facilities shall be governed by and consistent with Section 414 of the New York State Education Law.
The following uses of District facilities are prohibited:
- for any purpose that will in any way interfere with the use of District facilities and equipment by the District.
- by any person or profit-making organization for personal or private gain, financial or otherwise.
- for holding a social, civic or recreational meeting or other use pertaining to the welfare of the community, unless such meeting, entertainment or other use is non-exclusive and open to the general public.
- for a meeting, entertainment or occasion where admission fees are charged, unless the proceeds thereof are to be expended for an educational or charitable purpose approved by the Superintendent of Schools.
- for a meeting, entertainment or occasion where admission fees are charged if such meeting, entertainment or occasion is under the exclusive control of, and the proceeds are to be applied towards 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 any organization of veterans or volunteer firemen.
District activities will have first priority and the Board of Education shall have the final decision concerning any use of District facilities.
District facilities may be made available to the community as polling places for holding municipal primaries and elections and for the registration of voters as long as such use does not disrupt or interfere with the primary purpose of the facilities or disturb any educational or school-related activities taking place on the premises.
District facilities may be made available to non-school organizations for the pursuit of social, cultural, educational and recreational activities. Generally, such activities shall serve other needs of children and/or promote the welfare of the District and/or school community. Such uses shall be non-exclusive and open to the general public. In no case shall such use of District facilities disrupt or interfere with the primary purpose of the facilities or disturb any educational or school-related activities taking place on the premises.
Any group that wishes to use District facilities and intends to charge an admission fee or raise funds will be considered only if the net proceeds are to be applied for educational or charitable purposes as required by law.
Any group that wishes to use District facilities and plans to charge a tuition or instructional fee will be considered only if such fee is reasonable in the context of the activity provided.
The Board of Education requires that any performance or activity taking place on or in District facilities be conducted in good taste and be acceptable to the broad age level represented by those in attendance.
The Board of Education will not investigate, assume responsibility for or exercise censorship over the speakers any group invitees or the content of any related presentation or performance, and such group is solely responsible for all such speakers and/or presentations. Granting use of District facilities shall not be deemed an endorsement by the Board of Education or the District of the activity or purpose for which the facilities are used. Reasonable care must be taken by such organization to distinguish the organization from any implication of District sponsorship or endorsement.
The Superintendent of Schools is authorized to approve and schedule the use of District facilities. Approvals for the use of any District facilities will be:
- issued for specified days and/or hours;
- restricted to the specified purpose for which issued;
- confined to those facilities requested by the applicant and approved on the application; and
- to the sole use of the applicant (and may not be assigned or transferred to any third party group or individual).
The District requires a member of its staff to be on the premises whenever a facility is in use. Additional specialized staff may be required if school equipment and/or kitchen facilities will be used. The cost of such specialized staff must be paid by the user.
In the event that a nurse, interpreter or other accommodation is required for a group’s participant or participants, the cost of such accommodation must be paid by the user.
Any individual or group using District facilities is required to present evidence of current liability insurance, with the Lakeland Central School District, its officers, employees and agents, named as an additional insured, in the amount of at least $1,000,000. A certificate of insurance must be on file prior to the use of District facilities.
Entities wishing to provide at minimal or no cost to the District or the user, a “third party” activity, speaker or presentation involving the use of any District facilities must obtain the Superintendent’s prior approval for the specific activity before:
- Applying for permission to use District facilities;
- Entering into any contract where the use of District facilities is contemplated; and/or
- Advertising or publicizing any such activity, speakers or presentation.
The Board of Education specifically prohibits the use of District facilities by any outside organization or group for the sole purpose of conducting religious services, prayer or religious instruction.
Public Use of Track and Tennis Courts
For the safety and security of the students of this School District, the High School track, tennis courts, and Elementary School playgrounds may not be used by the public when school is in session. At other times, when these facilities are being used for School District purposes, the coach or other supervising staff member shall determine when public use of such facilities will impact the safety and welfare of students and the general public. Any reasonable request by school personnel, including but not limited to a request to move from the location of use or to cease using the facilities shall be complied with. The use of school facilities shall be at the individual’s sole risk.
Public Use of District Playing Fields and Facilities
In the allotment of playing fields and other facilities to non-school groups, the Superintendent or designee shall seek to provide equitable distribution of field utilization according to standards established by the Superintendent or designee with due consideration given to:
- prior service of the organization or association in providing a sports program for filling the needs of community youth (e.g., the Shrub Oak Athletic Club);
- the fair and equitable distribution of playing fields and facilities, and playing time for the participation of young people in various sports activities;
- the fair and equitable distribution of playing fields and facilities, and playing time for opportunities for broad participation by community youth;
- provision of fair and equitable opportunity for playing time for adult sports organizations of the community;
- the percentage of participants in organizations or associations and their sports activities who are residents of the School District.
Only those organizations or associations comprised of more than 75% of individuals who are residents of the School District or, if a multi-team league, at least 75% of the individual team’s membership is comprised of individuals who are residents, will be permitted to use the District’s playing fields and facilities. Where a team’s membership is comprised of at least 75% District
Residents, the playing fields and facilities may only be used as the “home field.” This provision shall not apply to use of District playing fields by the Towns comprising the School District or the Shrub Oak Athletic Club for their two annual tournaments in August and October.
The Superintendent shall promulgate regulations for the use of any District facility, including but not limited to application form, fee schedule, insurance requirement and rules for use
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