KA - School Facility Use

1. PURPOSE AND PHILOSOPHY

The primary use of Nebo School District facilities is for the School District’s educational, athletic, and extra-curricular programs. All other uses are secondary. This policy is adopted to preserve and maintain District facilities and resources for use by District programs. 

Pursuant to Utah Code Ann. § 53G-7-209, public school buildings and grounds are civic centers and may be used by Nebo School District residents for appropriate, supervised recreational activities and meetings, subject to the requirements and restrictions set forth herein. Only use of a District facility under Classes II through VII constitutes civic center use. Such use is granted pursuant to Utah Code Ann. §§ 53G-7-209 and 210. Except as otherwise provided in Section 6 below, approval under this policy constitutes a permit under Utah Code Ann. § 63G-7-201(4)(c), and grants the District full legal immunity under the Governmental Immunity Act of Utah. 

Anyone using school facilities and grounds is subject to the provisions of this policy as well as those contained in the Facility Use Agreement. Various facility use fees will be charged as indicated in the Nebo School District Facility Use Fee Schedule.

2. CLASS DEFINITIONS 

Each use of District facilities is classified according to this section. The District retains sole and absolute discretion for classification of use. Class determination is normally made by the school administrators. Determinations must take into account both the characteristics of the group or individual seeking use of the facilities as well as the nature of the activity for which use is sought. The Fee Schedule lists the fee to be charged for each class according to the type of facility used. Facilities not listed on the Fee Schedule may not be rented. 

Class I: Nebo School District Use 

The use of Nebo School District facilities under this classification shall be subject to applicable District policies, procedures, and rules, and may be subject to fees as determined by the school administrator. 

Class I includes, but is not limited to, the following: 

District or school sponsored staff and student groups. 

School or student clubs. 

District or school sponsored school athletic teams. 

District or school sponsored camps/clinics. 

School student councils. 

District departments conducting staff development, in-service training, or other job-related training classes for District personnel and at the request of a District administrator. 

Activities, events, and programs sponsored by Nebo School District or its schools. 

Activities and programs sponsored and administered by Nebo School District Community Education. 

Activities and programs sponsored by the Nebo Education Foundation. 

Official school class reunions. 

District-sponsored summer and out-of-season activities as described in Nebo School District Policy KAD, Summer/Out-of-Season Activities.

Utah State Board of Education events hosted by the District.

All District or school sponsored activities must have the express approval of the school principal or District administrator. Money transacting activities are overseen by the District or school and all money must go through the District or school finance departments in accordance with applicable District accounting procedures. 

Class II: Interlocal Agreement Use

This classification applies to city, county, state, or other governmental entities desiring to use School District facilities. Terms, conditions, stipulations, and fees are set forth in a written Interlocal Cooperation Agreement between the School District and the governmental entity.

Fees and usage under Class II shall be per Interlocal Cooperation Agreement or as otherwise designated in the Fee Schedule. 

Governmental entities operating under an Interlocal Cooperation Agreement may not supersede the intent of this policy by contracting with private individuals or entities to run recreation programs, such as youth athletic leagues, community theaters, arts councils, etc., that would normally fall under Class VIII. A private individual or entity that has contracted with a governmental entity to run a recreation program for the governmental entity may use District facilities under the governmental entity’s Interlocal Cooperation Agreement only if the following requirements are satisfied prior to use of the facility:

The individual or entity’s use of the facility would otherwise fall under Class VII of this policy as determined in the sole discretion of the District, AND 

The governmental entity provides to the Coordinator of School Services a copy of a written agreement, and any other related documentation, between the governmental entity and the individual or entity running the program indicating that the governmental entity fully sponsors the program, assumes all liabilities, and agrees on behalf of the contracted entity to all terms and conditions of the applicable Interlocal Cooperation Agreement. The documentation must verify that neither the governmental entity nor the individual or entity using the facilities, nor any of their respective employees, will make a profit, either directly or indirectly, from use of the facilities. 

Governmental entities may not sublease use of District facilities to private individuals or entities.

Class III: School Support Organizations 

This classification applies to qualified and formally recognized Student Support Organizations (SSO). An SSO may consist of individuals, groups, entities, or organizations that exist for the primary purpose of benefitting and supporting the District, its schools, and its officially sanctioned school teams, groups, clubs, classes, or student programs. Groups that may qualify as an SSO are Parent Teacher Associations (PTA), external Parent Teacher Organizations (PTO), external booster clubs, and other external support groups. To be recognized as an SSO and fall within this classification for school facility use, the individuals, groups, entities, or organizations must: (a) meet the definition of an SSO; AND (b) provide annually to the District an executed SSO Assurance Document, as described in Nebo School District Policy KAB, PTAs, PTOs, Booster Clubs, and Parent Support Groups.

Fees under Class III shall be charged as indicated on the Fee Schedule.

Class IV: Non-Sponsored Sport Use 

This classification applies to sports teams that meet the following criteria: 

the sports are recognized and sanctioned by the Utah High School Activities Association (UHSAA); 

the sports are not sponsored by Nebo School District at the grade level of any participant ; and 

the teams are comprised only of students enrolled in a single high school feeder system. 

Groups associated in this classification are independent of Nebo School District. Sports teams meeting the qualifications in this Class IV are required to meet all terms and conditions of this School Facility Use policy.

Fees under Class IV shall be charged as indicated on the Fee Schedule. 

Class V: Instructional/Governmental Use 

This classification shall apply to those groups that are organized for instructional or governmental purposes. Such groups could include educational institutions, government entities, political groups, and others whose purpose is to provide information and instruction to the general public. 

All activities qualifying under this classification shall be: 

non-exclusive in participation;

 open to the public; 

free of charge; and 

approved by the school principal or District administrator. 

Except as indicated in this section, fees under Class V shall be charged as indicated on the Fee Schedule.

The purpose and objective of charging fees under Class V is to cover the school’s personnel costs. 

Use of a school facility requires the school to pay one or more employees to provide services before, during, and/or after the facility’s use. Personnel costs include the time required to prepare a facility for the scheduled use and the time required to restore it to its original condition (e.g., cleaning, rearranging furniture, grooming and striping fields, etc.). 

The fees listed in the Fee Schedule under Class V satisfy the purpose and objective as calculated and averaged over the course of the year. The amount to be charged per hour per supervisor for personnel costs, including for time spent before, during and after the scheduled use, is thirty dollars ($30.00). Except as provided in Section 2.5.3.2, the amount charged may not be less than the amount on the Fee Schedule regardless of the supervising employee’s actual wage, salary, or willingness to work for reduced or no pay at a particular activity. School administrators will determine the number of hours required for personnel costs before and/or after the scheduled use and include it in the total fee charged. 

Where the Fee Schedule lists a fee of $60 per hour under Class V, that particular facility requires a minimum of two (2) employees per hour for supervision. 

School administrators may determine that multiple rooms (including adjacent gyms) under Class V may be adequately supervised by fewer employees than the number of rooms being used. The formula for calculating fees for use of multiple rooms may be found by consulting Exhibit 2, Formulas for Multiple Room Charges. 

Pursuant to Utah Code Ann. § 20A-8-404, the fee charged to registered political parties may not exceed the actual cost of custodial services and any other service requested by the political party provided by the District. 

No fee will be charged for use of District buildings as polling places on election days, whether primary or general. 

No fee will be charged to a registered political party, as defined by and certified under the Utah Election Code, Utah Code Ann. § 20A-8-101, et seq., for use of District buildings for the political party’s officially announced caucus meetings. However, all other use by political parties, including delegate meetings, conventions, and any other use that is not the party’s official caucus meeting held during an election year, is subject to the fees indicated in Section 2.5.3.3. 

Class VI: Patriotic Societies

This classification applies to the Boy Scouts of America and any other youth groups listed in Title 36, Subtitle II of the United States Code as a patriotic society (see Exhibit 3), consistent with the Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905. 

Fees under Class VI shall be charged as indicated on the Fee Schedule. 

Class VII: Charitable, Civic, Religious, and Private Use 

This classification shall apply to private functions and events, such as family reunions, weddings, dinners, holiday celebrations, and other such activities. This classification may also apply to organizations that solicit fees, dues, or contributions from the participants or the public as long as the net proceeds are expended for the welfare of students of the District, for charitable purposes, or for the betterment of the community. These organizations operate primarily on unpaid volunteer help (i.e., charitable, civic, or religious organizations). 

Fees under Class VII shall be charged as indicated on the Fee Schedule. 

The purpose and objective of charging fees under Class VII is to cover the school’s actual costs. Actual costs under Class VII include the following:

Personnel costs as defined in Section 2.5.3; AND

Utilities; AND

Replacement of supplies and other costs incurred by the school due to the facility’s use. 

The fees listed in the Fee Schedule satisfy the purpose and objective as calculated and averaged over the course of the year. The amount to be charged per hour per supervisor for personnel costs, including time spent before and/or after the scheduled use as described in Section 2.5.3, is thirty dollars ($30). Supplies and other costs may be included at the discretion of the school administrator and must be so indicated on the Application. Except as provided in 2.7.2.3, the amount charged may not be less than the amount on the Fee Schedule regardless of the supervising employee’s actual wage, salary, or willingness to work for reduced or no pay at a particular activity, and regardless of the actual utility cost of a particular activity.

School administrators may determine that multiple rooms (including adjacent gyms) under Class VII may be adequately supervised by fewer employees than the number of rooms being used. The formula for calculating fees for use of multiple rooms may be found by consulting Exhibit 2, Formulas for Multiple Room Charges.

Class VIII: Market Use 

This classification shall apply to any individual, group, or activity that either: (a) does not fall within any other classification under the “Class Definitions,” or (b) satisfies the description in Section 2.8.2.  

Activities meant to earn a profit fall under Class VIII. School administrators should, in consultation with the Coordinator of School Services, consider the following factors in determining whether a particular use falls under Class VIII: 

Whether the motive, objective, and/or operational structure of the user is to make a profit; 

Whether the user operates primarily on paid personnel; and/or 

Whether the user charges admission and/or participation fees for membership or for the activity, the proceeds of which will be spent for other than charitable, community, or welfare purposes. 

Fees under Class VIII shall be charged as indicated on the Fee Schedule. 

The purpose and objective of charging fees under Class VIII is to collect an approximate fair market rental value for the use of the school facilities. Fair market rental includes the following: 

Actual costs as described in Section 2.7.2.1, AND

An additional amount to make the fee consistent with similar rental fees in the market. 

The fees listed in the Fee Schedule satisfy the purpose and objective as calculated and averaged over the course of the year. For purposes of calculating the fee for multiple room use as described in Section 2.5.3.3, the amount to be charged per hour per supervisor for personnel costs, including time spent before and/or after the scheduled use as described in Section 2.5.3, is thirty dollars ($30). Supplies and other costs may be included at the discretion of the school administrator and must be so indicated on the Application. Except as provided in Section 2.5.3.3, the amount charged may not be less than the amount on the Fee Schedule regardless of the supervising employee’s actual wage, salary, or willingness to work for reduced or no pay at a particular activity, and regardless of the actual cost of a particular activity.

School administrators may determine that multiple rooms (including adjacent gyms) under Class VIII may be adequately supervised by fewer employees than the number of rooms being used. The formula for calculating fees for use of multiple rooms may be found by consulting Exhibit 2, Formulas for Multiple Room Charges.

3. FACILITIES WITH INDIVIDUALIZED RULES

Stadiums

The fee for rental of a stadium with scoreboard use must include an additional amount if an employee is required to run the scoreboard. 

Only authorized individuals approved by the school principal may operate stadium scoreboards. 

Auditoriums

Rental of high school auditoriums requires a minimum of two employees: a supervising employee and at least one technician to adequately run lights, sound, and other media. 

The fee for renting auditoriums includes the amount to pay the wages of the technician referred to in paragraph 3.2.1. If additional technicians or employees are required, the principal must add the appropriate amount to the fee. 

No food or drink is allowed in the high school auditoriums. 

Indoor Practice Facilities

Each high school with an indoor practice facility shall develop a fee schedule for rental of such facility. The high school fee schedule must be approved by the Director of Secondary Education or his/her designee. Rental of indoor practice facilities shall be according to the high school fee schedule. 

4. SCHOOL ADMINISTRATOR RESPONSIBILITIES 

School administrators are responsible for the implementation and administration of this School Facility Use policy. School administrators are responsible for the scheduling and oversight of all activities that utilize the school buildings, facilities, and grounds. Administrators should create a facility use schedule each year, and update it as necessary, to ensure school and district programs, including both practices and competitions, have priority over all other uses. In creating the schedule, administrators should consult the interlocal agreement and follow its procedures and requirements for scheduling with entities described in subsection 2.2. 

While discharging this responsibility, school administrators shall do the following:

Assign an employee to provide supervision, security, and protection of all school property.

Assign any necessary technicians to provide assistance with the lights, sound, equipment, and other systems associated with the school facilities being utilized. 

Assign the activity to the proper classification under the Class Definitions.

Complete and retain an executed Application for Use of School Facilities, Facility Use Agreement, and, if applicable, Certificate of Insurance as required by Section 6. 

Collect the appropriate rental and use fees pursuant to the Fee Schedule and this policy.

Assure compliance with this policy and the Facility Use Agreement, including the accompanying rules. 

Assure compatibility of the proposed activity and the school facility being requested.

Submit, on a voucher or time card, hours for personnel and include a check to the District Office to cover personnel costs. 

Consider using surplus rental funds for the improvement and maintenance of school facilities. 

Assess the condition of facilities to determine whether a rental of particular facility should be prohibited according to the provisions of Section 9 below. 

5. FACILITY USE AGREEMENT

A Facility Use Agreement, prepared by and containing such terms and conditions as deemed reasonable and appropriate by the School District, shall be signed between the sponsoring group or individual and the school administrator.

A Facility Use Agreement is required for all uses under Classes III, IV, V, VI, VII, and VIII in accordance with the following: 

Only facilities specifically identified on the Fee Schedule may be rented. 

Fees will be charged in accordance with the Fee Schedule and this policy.

Additional fees will be charged for use of special equipment, additional services, and additional personnel not included in the descriptions of fees in Section 2 above. These fees will be determined by the school administrator and incorporated into the Facility Use Agreement. 

Applications for use must be submitted at least two (2) weeks in advance of the activity. The Facility Use Agreement, Certificate of Insurance (where required, including applicable endorsements naming Nebo School District as an additional insured), and full payment of rental and use fees must be received before the event is placed on the calendar.

Depending upon the type of activity, the facility to be used, the number of people involved, and other relevant factors, the school administrator has the discretion and right to require a security/cleaning deposit to cover any unexpected costs in the event of property damage, property loss, and/or clean-up. The amount of the security/cleaning deposit shall be determined by the school administrator and received by a check made payable to the school. The check will not be deposited but shall be held in safekeeping by the school administrator until after the activity is completed. The school administrator shall then assess if there is any property damage, property loss, and clean-up associated with the activity. If there is no property damage, property loss, or clean up, the check shall be returned to the sponsoring group or individual. If there is any property damage, property loss, and/or clean-up, the school administrator shall ascertain the costs of such and may deposit the check to cover such costs. A written itemized accounting of the property damage, property loss, and/or clean-up costs shall be provided by the school administrator to the sponsoring group or individual along with a check for the excess amount or a bill for payment for the deficient amount. The foregoing matters concerning a security/cleaning deposit shall be accomplished by the school administrator in a timely manner. 

6. INSURANCE

Only District or school sponsored groups and activities (Class I) are covered by the District’s insurance. 

Use of District facilities as a civic center under Classes II through VII is granted pursuant to Utah Code Ann. §§ 53G-7-209 and 210. Approval under these classes is a permit under Utah Code and grants the District full legal immunity under the Governmental Immunity Act of Utah pursuant to Section 63G-7-201. 

While the District is granted immunity, the individuals and entities utilizing the facilities under Classes II through VII are not and are therefore strongly encouraged to secure insurance to protect themselves. Insurance coverage protects users against liability not only for personal injury but also for property damage to school facilities. Users who fail to secure insurance coverage may be personally liable for such damages. 

If a school administrator or other district administrator determines that use of a particular facility by a particular user poses significant risk of property damage to school facilities, the administrator, in consultation with the Coordinator of School Services, may require the user to provide proof of insurance against property damage. 

Any group or individual using a facility under Class VIII is not granted a permit and must comply with the insurance requirements in Section 6.3.1 through 6.3.3 below. 

The District requires a Certificate of Insurance providing $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate for general liability/property damage insurance coverage, which includes personal injury, property damage, and property loss, with “Nebo School District” named as additional insured (including applicable endorsements). 

The sponsoring group or individual will procure and maintain full insurance coverage during the entire activity.

Responsibility for paying for and obtaining such insurance coverage rests solely with the sponsoring group or individual. 

7. SPONSORING GROUP RESPONSIBILITIES

Facility usage may not interfere with any school activity, event, function, or purpose, and a request may be denied if it is determined that the requested use might cause such interference.

All activities must be compatible with the school facility being used. Activities that are not compatible with the type of use typically associated with the school facility are not permitted.

If the kitchen is to be used for food service or preparation, a District food service worker, possessing a current and valid health department food handler’s license or permit, must be present and the cost paid by the sponsoring group or individual at the employee’s hourly wage.

It shall be the responsibility of the sponsoring group or individual to assure that only authorized portions of the school facilities are used and the premises are vacated as scheduled. All functions shall promptly close by 10:30 p.m., unless special permission is secured in advance from the school administrator.

The District assumes no liability for personal injury or property loss or damage. Sponsoring groups or individuals are solely responsible for any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or in any way associated with the activity. In addition, the sponsoring group or individual shall defend, hold harmless, and fully indemnify the School District of any and all such claims, damages, liabilities, costs, and expenses.

Sponsoring groups may not sublease the facilities to other individuals or entities. 

Sponsoring groups or individuals shall provide sufficient, competent adult supervision (at least 21 years of age). 

Sponsoring groups or individuals shall not discriminate against individuals because of race, color, gender, age, religion, national origin, disability, or any other legally protected classification. 

The facility shall be left clean and in the same condition as the sponsoring group or individual found it.

The sponsoring group or individual shall pay all damages to the building, equipment, or grounds which occurred during the activity.

The sponsoring group or individual will insure that the school facilities remain a drug-free, smoke-free, and alcohol-free place. 

Profane language, quarreling, fighting, and gambling are prohibited activities on school property. 

It is the responsibility of the sponsoring group or individual to insure that the sale of food and/or drink has been approved. 

No food and/or drink will be allowed in the auditorium and in other designated portions of the school. Permission for the consumption of any food and/or drink in the school must be specifically authorized by the school principal. 

All activities shall comply with any and all applicable federal, state, and local laws, rules, and regulations. 

The sponsoring group or individual is responsible to comply with any and all requirements of the ADA Amendments Act of 2008 (ADAAA) and Section 504 of the Rehabilitation Act (Section 504), as amended, including, but not limited to, providing requested accommodations for programs or activities (i.e., interpreters, facility access, materials in alternative formats, ADAAA notifications in publicity materials, service animals, etc.).

8. NO ALTERATION OF PREMISES

Sponsoring groups or individuals using school facilities, including a stage or stage equipment, shall not be permitted to remove or displace furniture, equipment, or apparatus, including lights, curtains, and ceiling valance; or change the counter weights system or the switch board, except when under the direct supervision of a designated school employee. Where the stage is to be used, full details of equipment and personnel requested must be furnished in advance with the application.

9. GENERAL RESTRICTIONS

Emergency or unforeseen circumstances that require the use of school facilities will take precedence over any prior scheduling by the sponsoring group or individual. 

School facilities shall not be available for dances except those sponsored by the school or Nebo School District Community Education and approved by the school administrator. 

School marquees are not available for rent, nor will the school participate in advertising any commercial programs held within the school, except as may be permitted under Nebo School District Policy KACA – School Advertising Restrictions. 

School facilities will not be available on Sundays, except: (a) as provided only in an Interlocal Agreement with the city, county, state, or other governmental entity; or (b) as provided only in the event of a community emergency as approved by the Superintendent. 

Drapes, hangings, curtains, drops, and all decorative materials used within or upon school buildings shall be made of non-flammable material, and all materials used must be approved by the State Fire Marshall. No open fires, flames, or lighted candles shall be permitted. 

Classrooms shall not be disturbed or rearranged to accommodate the activity (i.e., chairs, desks, furniture, equipment, wall hangings, etc.). 

All drawers, cupboards, closets, and other such areas in the school are off-limits and shall not be opened. 

Some school facilities, including, but not limited to, offices, photography labs, computer labs, home economic rooms, special ed classrooms, science labs, weight rooms, and shops are not available for rent. In addition, school administrators may determine that a particular facility is not available for rent in order to prevent disclosure of private or confidential student information, to protect valuable or fragile equipment and supplies, or for the reasons described in Section 9.9. 

Either a school administrator or the Operations Department may prohibit the use of any school or District facility in the event the facility is in need of maintenance, repair, or restoration; the physical condition of the facility is unsafe for the intended activity(ies); or for any other reason relating to the condition of the facility deemed to be in the best interest of the School District as determined in its sole and absolute discretion. The prohibition on use of a facility under this paragraph may occur regardless of whether a Facility Use Agreement has been signed or an event or activity has been scheduled or is underway. 

District facilities may not be used for conduct that is illegal, false, inaccurate, threatening, harmful, hateful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, indecent, lewd, profane, or invasive of a person’s privacy. Facilities may not be used for activities that violate any state or federal laws, rules, regulations, or District policies or procedures. Facilities may not be used to promote illegal discrimination on the basis of gender, race, color, religion, age, national origin, disability, or any other legally protected classification. 

10. VIOLATIONS

Any violation of this policy shall be sufficient for denying further use of school property and facilities to any individual or organization.