Administrative Rules and Procedures to Implement Policy 1006.01

Community Use of School Facilities

I.  Purpose

  1. To provide facilities that will make possible the maintenance of desirable educational or recreational programs for the citizens of the community.
  2. To make available the use of school facilities for the betterment of the community in general and to community groups in such a way as to not interfere with the regular school program.
  3. To protect the public’s property and to promote safety of citizens enjoying the use of such facilities.
  4. To make available the use of school facilities in a manner consistent with state law. (No alcoholic beverages)
  5. To provide a structure of rules, regulations and procedures that will implement the above purposes.

II.  Responsibility for Supervision and Care of School Facilities

The principal of each individual school shall be directly responsible to the Superintendent. The principal shall report immediately to the Superintendent any unusual circumstances regarding the building’s care and use of buildings, supplies, custodial and maintenance services, etc.

III.  Priority in Use of School Facilities

  • The Board has the first claim to the use of District facilities. Cancellations may be ordered by school authorities, with or without advance notice. Permission to use school facilities is granted with this understanding. The Board may restrict the use of school facilities on holidays because of interference with scheduled maintenance work.
  • The District shall have sole discretion to determine the priority and use of school facilities.  As a general guideline, the District has established the following priority and standard:
  • 1st Priority –  School and/or District activities, events and programs.
  • 2nd Priority – School and/or District affiliated non-profit groups and organizations, which are conducting activities, events or programs which are designed to serve District students or are related to any function of the school or District.
    a.   Such 2nd Priority school and/or District affiliated non-profit groups and organizations include the Elkhorn Public Schools Foundation, parent-teacher organizations, activity booster organizations, and other groups and organizations which are created, sponsored, or formally approved by the District and whose sole and direct mission and purpose are to support the District.
  • 3rd Priority – Competitive Community Activity as defined below may use school facilities subject to the discretion of the Superintendent or designee and after the needs to accommodate the District’s activities program are met.  The District will waive rental fees for Competitive Community Activities.  All other policy requirements apply.
  • 4th Priority – Government agencies and other political subdivisions, which are conducting public meetings or hearings, or public service meetings or presentations.
    5th Priority – Elkhorn non-profit youth organizations and recreation association teams/groups.
    a.  Such 5th Priority Elkhorn non-profit youth organizations and recreation association teams/groups must have at least 50% of the participants be District residents.
    6th Priority – Elkhorn non-profit civic, service, or other groups whose purpose is to promote the general welfare of the community and conduct charitable fund raising activities or events.
    7th Priority – Other groups or individuals, provided that at least 50% of the participants shall be District residents.
    8th Priority – Individuals or groups involved in activities not listed above.
  • So as to limit interference with the educational program and building activities, 6th, 7th and 8th priority uses may only be conducted starting one hour after the conclusion of school hours, or at other times on days when school is not in session.

IV.  Rental Procedures and Provisions

  1. In all instances where it is necessary that rental arrangements be made with community groups for the use of school facilities, all arrangements with such groups shall be made through the Superintendent or designee.
  2. The Superintendent or designee reserves the right to require sufficient time for full investigation of an application.
  3. Inaccurate or false statements made in the application may place the responsible persons or organization, or both, on an ineligible list. Subsequent applications from an ineligible organization will be referred to the Board for determination of future rental privileges.
  4. The organization making application for the use of school facilities shall agree to reimburse the District for any damage to school property by any person or persons participating in the organization’s use of school facilities.
  5. The organization making application for the use of school facilities shall agree to relieve the district from all responsibility for any damage or loss to the property of any person in attendance. Unless waived in writing by the District, the user agrees to provide a Certificate of Liability Insurance in the amount of one million dollars ($1,000,000) naming Elkhorn Public Schools as an additional insured for the date(s) of use. In addition, the user holds the Elkhorn Public Schools harmless and agrees to indemnify against all injuries to participants and spectators.
  6. Rental agreements shall not be transferable.
  7. Holders of rental agreements may cancel them by giving the issuing office notice at least 24 hours in advance of the date to be canceled. For Saturday and Sunday permits, 48 hours is required.
  8. It shall be necessary that the organization using a school facility contact the principal of the building where the activity is to be held at least five (5) days prior to the first activity listed in the rental agreement concerning the use of the facility.
  9. In the event of significant snowfall (or ice accumulations) prior to use of District facilities, the District’s operation and maintenance supervisors shall make a determination as to whether or not snow (or ice) removal is required, and, if such required (and if such removal is not necessary for other school-related activities) the scheduled use shall be canceled, or, if mutually agreed to by the User, the snow (or ice) will be removed by District personnel and additional charge for such will be assessed to the User.  All snow (or ice) removal on school District property must be made by the District personnel or by properly insured independent contractors approved by and working for the District.  The User will not be permitted to engage in snow (or ice) removal activities nor will the User be permitted to hold activities on school property without proper snow (or ice) removal.
  10. All payments are to be made to Elkhorn Public Schools. The following payment schedule shall be observed:

FEES:

No fees will be assessed for user groups that are determined to meet priorities #1, #2, #3, #4 within this rule unless deemed appropriate by the Superintendent or designee.  Fees may be charged for user groups in priority #5, #6 and #7 within this rule at the discretion of the Superintendent or designee.  All fees are for the first three hours of use. Additional fees are charged for each extra hour calculated at the fractional rate of the three-hour fee. User fee: Groups may be charged an additions $5.00 access fee per use. The access fee is in addition to any rental fee a group might be charged.

First Three Hours
Community Non-Profit		 First Three Hours
Community Profit
Elem. School Gym $50 $75
M.S. Gym $ 80 $ 120
H.S. Gym $ 150 $ 225
Cafeteria/Multi-Use Room $ 50 $  75
M.S. Stadium $ 200-$ 800 $ 400-$ 1,600
H.S. Stadium $ 400-$ 1,600 $ 800-$ 3,200
Classroom $ 40 $ 60
H.S. Auditorium $ 150 $ 450
Athletic Fields Other than Stadiums Determined on a field-by-field basis

V.  Kinds of Meetings not to be Held in a School Building

  1. For the purpose of advancing any doctrine or theory subversive to the constitution or laws of the state or of the United States.
  2. For the purpose of advocating social and political change by violence.
  3. When alcohol and/or drugs are to be consumed.
  4. Private parties that may include but are not limited to: birthday, graduation, family reunions, etc.

VI.  Adult Supervision

Adequate adult supervision must be maintained at all times. A security officer shall be provided by applicants when required by the District. Supervision to prevent trespassing in portions of the building not authorized to be used must be provided when required by the District.

VII.  Payment of Custodial Fees

All organizations will be charged the custodial costs incurred by the District in addition to charges in Section IV (I) Payment of custodial fees shall be arranged with the Superintendent or designee at the time of the rental by the applicant.

VIII.  Regulations Governing Use of School Buildings

Users of District facilities are expected to follow all District policies and rules.  Organizations that do not follow the regulations shall be billed for necessary cleaning costs and repairs and may be placed on the ineligible list.  Special attention should be given to the following:

  1. Tobacco, nicotine products and/or vapor products such as e-cigarette are prohibited.
  2. Food and drinks are NOT ALLOWED in any auditorium or gymnasium. Special arrangements must be made with the principal and the school for the serving of food or drink in other parts of a school building.
  3. Arrangements for special stage set-ups must be made in advance of the day the building is to be used.
  4. Adult monitors are to be in charge of all activities at all times and shall enforce all regulations.
  5. Each building is to be left in order (clean, with tables and chairs in place) at the close of each activity.
  6. Non-school property is to be removed after the last performance or as designated by agreement.
  7. Writing of names or other mutilations of walls, floors or scenery is prohibited.
  8. Moving and adjusting scenery, securing light effects, operating public address system and similar matters will be accomplished under the direction of an employee of the school district only.

IX.  Use of School Equipment (AV, Food Service, or Other)

Approval for the use of a facility shall not include the use of school equipment unless specifically requested and approved on the application form.  Community organizations desiring to use school equipment must obtain permission from the Superintendent or designee. Equipment may be checked out and the borrower will agree to pay for any damage or loss of school equipment that is loaned.  The Superintendent or designee may pay someone with expertise in the operation of the equipment to be on duty during the time of facility/equipment use.  The cost associated to have paid staff on duty during use, in preparation for use or after use will be charged to the user group.  Any User group, regardless of priority given in this rule, may be charged for cost related to personnel, equipment usage, other special request or cost related to facility use.

X.  School playgrounds, practice fields, and other open areas (any non-irrigated grassy area) which are not being used for school activities shall be available to the general public on a first-come, first-serve basis from one hour before sunrise to one hour after sunset each day.  Thereafter, closed to public use.  User groups who have been granted use of this space through the application process have priority use over walk on users.  Irrigated fields are only available through the facility use application process and will be checked out for facility use on a limited basis so as to protect the investment.

XI.  Vehicles shall properly park in district parking areas when attending school activities, when conducting school related business, or when in attendance at any approved use of school facilities.  The District grounds may not be used for any other parking of private vehicles.  Any vehicles, which are not permitted by this Rule to be parked on school property, shall be subject to towing from school grounds at the owner’s expense.  Similarly, vehicles that are improperly parked shall be subject to towing from school grounds at the owner’s expense.  Improper parking shall include, but not be limited to, parking in driveways or throughways, parking over painted stall lines, and parking on grass areas.

XII.  For the purpose of this Rule, the term “school-affiliated non-profit groups” shall be narrowly construed so as to only include groups which satisfy the Internal Revenue Service requirements for a non-profit organization, and whose sole and direct mission and purpose are to support a district school or district schools.

XIII.  Indoor school facilities are closed on in-service days, school breaks and vacations.  Summer use of indoor facilities will be minimized to allow annual maintenance and cleaning.

XIV.  The District does not discriminate on the basis of sex, race, color, religion, veteran status, national or ethnic origin, marital status, age, disability, pregnancy, childbirth or related condition, or any other category protected by law, in admission or access to or treatment of employment, or in its programs and activities, and the District provides equal access to the Boy Scouts and other designated youth groups.

XV.  Competitive Community Activity: The School District may permit its facilities to be used for competitive community youth activities. A Competitive Community Activity is an organization which has an athletic or competitive purpose and has a membership that consists exclusively of students from the District. A Competitive Community Activity is not sponsored by the School District and are not under the control of school personnel. A community youth activity may be allowed to utilize School District facilities pursuant to the Board of Education policy and administrative rules and regulations established for community use of School District facilities.

A.  REQUIREMENTS: Groups requesting Competitive Community Activity status from the District are required to meet in person with the District’s Activities Director and provide a written constitution or set of operating guidelines which will include:

1.  An assurance that student participants in a Community Club will be expected to adhere to conduct expectations that meet or exceed the District activity code and District student discipline code.

2.  Membership information (who may qualify and how).

3.  Student expectations for participation in the Community Club and any lettering requirements.

4.  An assurance that student participation will not involve a loss of instructional time.

5.  An assurance that the Competitive Community Activity has its own liability insurance coverage. The District will not assume any liability insurance coverage.

6.  Name, address, and contact numbers of adult sponsors.

7.  Competitive Community Activities must consist of 100 percent District students.

B.  PERMITTED ACTIVITIES: A Competitive Community Activity shall not be considered to be affiliated with or sponsored by the District and shall not represent to any person that such Activity is affiliated or sponsored by the District. An approved Competitive Community Activity may be permitted to conduct the following activities:

  1. Be recognized in the school yearbook if possible.
  1. Have organized meetings including the use of classrooms for meetings after instructional time at school provided all facility use guidelines are followed.
  1. Display trophies/awards in a designated school space.
  1. Display informational posters on the community bulletin board.
  1. Grant letters with the Competitive Community Activity insignia on the ‘E’, if individuals qualify under the Competitive Community Activity’s constitution.

C.  LIMITATIONS: The District will not provide any of the following for Competitive Community Activity under any circumstances:

  1. Financial backing – Competitive Community Activity must provide their own funding. Competitive Community Activity fund raising will not be allowed on District property.
  1. Sponsors/Advisors/Coaches – Competitive Community Activity must provide their own adult sponsors/advisors/coaches.
  1. Associated Liability – The District has no liability responsibilities related to Competitive Community Activity.

Legal Reference:  Neb. Rev. Stat. §§ 79-10, 106 and 10,107

Approved: October 12, 1992
Revised: December 11, 1995
Revised: September 11, 2006
Revised: November 11, 2011
Revised: March 10, 2014
Revised: June 2, 2014
Revised:  September 14, 2015
Revised:  October 12, 2015
Revised:  November 16, 2016
Revised:  November 16, 2016