REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. A. B. Property USE OF SCHOOL FACILITIES Page 1 of 12 USE OF SCHOOL FACILITIES Definitions 1. “Use fee” is a rental fee for the use of a specific indoor or outdoor space. 2. “User” means the applicant or organization requesting the use of school facilities. 3. “User Agent” means the adult representative of the User. 4. “School facilities” are comprised of all school district buildings and grounds, including premium facilities. 5. “Premium facilities” are comprised of the following: a. The East Brunswick High School Athletic Complex, which includes, but is not limited to the following: the athletic stadium, including the turf field, running track, and other facilities contained within the stadium confines; and, the athletic complex adjacent to the athletic stadium (all athletic facilities located behind the high school). b. The East Brunswick Performing Arts Center (EBPAC). 6. “Service costs” are comprised of those services necessary for the operation of the facility, including, but not limited to, custodial services, fuel, water, and electricity. 7. “Personnel fees” are comprised of the following: a. Mandatory services which may be necessary, such as for security and safety, as determined in the sole discretion of the school district; and b. Optional services requested by the User or services required as a result of the User’s request for equipment which, in the sole discretion of the school district, must be operated by trained personnel. Such equipment includes, but is not limited to, specialized lighting and sound systems. Classification of Users Organizations and individuals using school facilities, other than premium facilities, will be classified as Class I, II, III, IV, or V Users as follows: REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. 1. 4. 5. Uses and groups directly related to the schools and the operations of the schools, including district curricular, co-curricular, and athletic activities. Class II Users may use school facilities without payment of use fees. Service costs will be applied only when facility use is required outside of regular operating hours. All other fees will apply at all times. Class II Users include the following organizations and individuals: a. 3. USE OF SCHOOL FACILITIES Class I Users may use school facilities and premium facilities without cost to the user. Class I Users are limited to: a. 2. Property USE OF SCHOOL FACILITIES Page 2 of 12 Uses and organizations indirectly related to the school, including, but not limited to, the PTA, PTSA, booster clubs formally recognized by the Board of Education, East Brunswick Education Foundation. Class III Users may use school facilities without payment of use fees. Service costs will be applied only when facility use is required outside of regular operating hours. All other fees will apply at all times. Class III Users include the following organizations and individuals: a. The Township of East Brunswick government, including the Recreation Department and approved organizations of the Coalition of Athletic Organizations (CAO); and b. Governmental agencies generally, and professional associations directly or indirectly related to the district. Class IV Users may use school facilities only on payment of all applicable fees. Class IV Users include the following organizations and individuals: a. Non-profit community organizations formed for charitable, civic, social, or educational purposes, and who provide evidence from the Internal Revenue Service acknowledging such non-profit status; and b. Educational programs funded by federal or state grants for which no tuition is assessed to participants and where East Brunswick residents are the primary beneficiaries of the programs. Class V Users may use school facilities only on payment of all applicable fees. Class V Users include the following organizations and individuals: REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. a. C. Property USE OF SCHOOL FACILITIES Page 3 of 12 USE OF SCHOOL FACILITIES Any other uses and groups at the discretion of the district. Application and Approval Procedures For Use of School Facilities Excluding EBPAC 1. Application must be made in the method prescribed by the district. 2. Application for the use of school facilities must be made through the Director of Support Operations not less than 45 working days before the date of the requested use. In the event that an application is received less than 45 calendar days before the date of the requested use, such requests may be considered in the District’s sole discretion if feasible. 3. The application must be signed by the User Agent. 4. The application must include all the facilities that the User wishes to use and all the dates and times of the requested use. Approval of any application is limited to the facilities, dates and times expressly requested on the application. Approval does not guarantee additional rehearsal time or the use of rooms or buildings not expressly requested. 5. The application must include all uses, services, equipment and supplies that are required and/or requested for the planned use. (See Policy No. 7520, Loan of School Equipment.) 6. The Director of Support Operations will review each application to determine availability of the facility requested. 7. If the facility is not available for use, the Director of Support Operations will so inform the User within the time lines noted in C.11, and may suggest alternative dates, times or facilities. 8. The User shall meet the standards set by Policy No. 7510 and these regulations. Standards for approval include the following limitations on use: a. School facilities may be available for use on weekdays and weekends, including school vacations. b. School facilities are not available for use during the school day. c. In accordance with Policy No. 7510, the use of school facilities will not be granted for any purpose that is prohibited by law. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. Property USE OF SCHOOL FACILITIES Page 4 of 12 USE OF SCHOOL FACILITIES 9. The Director of Support Operations will determine the user classification of the applicant organization and assess the applicable fees and costs established by the Board to be charged for the use of the facility. 10. Upon approval, the application shall become the contract unless a separate contract form is issued. 11. The User will be notified, in writing, of the facilities’ availability 30 days prior to the approved use. Notification shall include: a. Approved application or contract; and b. An itemized advance billing including all applicable fees for the planned use. In the event that an application is received less than 45 calendar days before the date of the requested use, the User shall be advised, at the time of application, the date by which written notification as to the facilities’ availability shall be provided to the User. 12. The User shall ensure the following: a. Immediately upon confirmation of approved use, Class II and Class III Users shall return the executed contract, payment or purchase order of the itemized advance billing, and evidence of insurance. b. Immediately upon confirmation of approved use, Class IV Users shall return the executed contract, payment of the itemized advance billing, and evidence of insurance. Where a Class IV User’s application is for an extended duration over three consecutive months or more (for example, the use of a cafeteria every Saturday), the User shall pay each month’s charges at least one month in advance of the Use. c. Immediately upon confirmation of approved use, Class V Users shall return the executed contract, payment of the itemized advance billing, and evidence of insurance. It is the User’s responsibility to ensure that all documents and payments are received by the Director of Support Operations as specified in 12.a, 12.b, and 12.c above. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. Property USE OF SCHOOL FACILITIES Page 5 of 12 USE OF SCHOOL FACILITIES 13. All payments shall be deposited in a timely manner in accordance with District policies and regulations. 14. Approval shall be withdrawn for any use for that is not paid in advance or for which evidence of insurance has not been provided. 15. In the event of a conflict between requesting Users within the same class, the request received earlier by the district will be honored first. 16. A copy of each approved or disapproved application will be distributed to the User Agent who signed the application form. 17. The application or contract, as may be applicable, will include the rules governing the use of school facilities and the User Agent’s signature on the application will signify notice of those rules and the User’s agreement to be bound by those rules. 18. The Board reserves the right to deny an application and to withdraw permission to use school facilities after approval has been granted. Permission may specifically be withdrawn from any organization whose User Agent has willfully made misrepresentation on the application or whose members violate the rules established for the use of school facilities. The Board reserves the right to terminate the use of school facilities after the use has commenced if activities are in violation of the approved use. Such withdrawals of permission or terminations may constitute grounds for denying a future application made by the organization. 19. Permission to use school facilities is not transferable. 20. The User Agent must inform the Director of Support Operations of any canceled use request as soon as he/she is aware of the cancellation. Failure to inform the Director of Support Operations of a canceled use at least 45 calendar days in advance of the scheduled time of the use may, at the district’s discretion, result in the imposition of all charges as reflected in the itemized advance billing. 21. At the Superintendent or his/her designee’s discretion, permission to use a school facility may be withdrawn due to inclement weather, or other emergency or unforeseen circumstances. In the event of such an occurrence, and at the district’s discretion, the user may be entitled to a refund of monies paid minus the cost in accordance with the schedule values for any applicable rental, services, equipment or supplies already provided. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. D. Property USE OF SCHOOL FACILITIES Page 6 of 12 USE OF SCHOOL FACILITIES Application and Approval Procedures for Use of EBPAC 1. Application must be made in the method prescribed by the district. 2. Application for the use of the EBPAC must be made through the Supervisor of Community Programs not less than 60 calendar days before the date of the requested use. In the event that an application is received less than 60 calendar days before the date of the requested use, such requests may be considered in the District’s sole discretion if feasible. 3. The application must be signed by the User Agent. 4. The application must include all the facilities that the User wishes to use and all the dates and times of the requested use. Approval of any application is limited to the facilities, dates and times expressly requested on the application. Approval does not guarantee additional rehearsal time or the use of rooms or buildings not expressly requested. 5. The application must include all uses, services, equipment and supplies that are required and/or requested for the planned use. (See Policy No. 7520, Loan of School Equipment.) 6. The Supervisor of Community Programs will review each application to determine availability of the facility requested. 7. If the facility is not available for use, the Supervisor of Community Programs will so inform the User within the time lines noted in D.11, and may suggest alternative dates, times or facilities. 8. The applicant shall meet the standards set by Policy No. 7510 and these regulations. Standards for approval include the following limitations on use: a. School facilities may be available for use on weekdays and weekends, including school vacations. b. School facilities are not available for use during the school day. c. In accordance with Policy No. 7510, the use of school facilities will not be granted for any purpose that is prohibited by law. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. Property USE OF SCHOOL FACILITIES Page 7 of 12 USE OF SCHOOL FACILITIES 9. The Supervisor of Community Programs will prepare a contract and include the applicable fees and costs established by the Board to be charged for the use of the facility. 10. Upon approval, the application shall become the contract unless a separate contract form is issued. 11. The User will be notified, in writing, of the facilities’ availability 45 days prior to the approved use. Notification shall include: a. Approved application or contract; and b. An itemized advance billing including all applicable fees for the planned use. In the event that an application is received less than 60 calendar days before the date of the requested use, the User shall be advised, at the time of application, the date by which written notification as to the facilities’ availability shall be provided to the User. The Supervisor of Community Programs shall simultaneously forward a copy of the contract and itemized advance billing to the Director of Support Operations. 12. The User shall ensure the following: a. Immediately upon confirmation of approved use, the executed contract, 20% deposit of the itemized advance billing, and evidence of insurance. b. At least 15 calendar days prior to the approved use, an additional 20% deposit of the itemized advance billing. It is the User’s responsibility to ensure that all documents and payments are received by the Supervisor of Community Programs as specified in 12.a and 12.b above. 13. All payments shall be deposited in a timely manner in accordance with District policies and regulations. 14. Approval shall be withdrawn for any use for that is not paid in advance or for which evidence of insurance has not been provided. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. E. Property USE OF SCHOOL FACILITIES Page 8 of 12 USE OF SCHOOL FACILITIES 15. In the event of a conflict between requesting Users, the district shall determine, in its sole discretion, the request to be honored first. 16. The application or contract, as may be applicable, will include the rules governing the use of school facilities and the User Agent’s signature on the application will signify notice of those rules and the User’s agreement to be bound by those rules. 17. The Board reserves the right to deny an application and to withdraw permission to use school facilities after approval has been granted. Permission may specifically be withdrawn from any User whose User Agent has willfully made misrepresentation on the application or whose members violate the rules established for the use of school facilities. The Board reserves the right to terminate the use of school facilities after the use has commenced if activities are in violation of the approved use. Such withdrawals of permission or terminations may constitute grounds for denying a future application made by the organization. 18. Permission to use school facilities is not transferable. 19. The User Agent must inform the Supervisor of Community Programs of any canceled use request as soon as he/she is aware of the cancellation. Failure to inform the Supervisor of Community Programs of a canceled use at least 60 calendar days in advance of the scheduled time of the use will result in the imposition of all charges as reflected in the itemized advance billing. 20. At the Superintendent or his/her designee’s discretion, permission to use a school facility may be withdrawn due to inclement weather, or other emergency or unforeseen circumstances. In the event of such an occurrence, and at the district’s discretion, the User may be entitled to a refund of monies paid minus the cost in accordance with the schedule values for any applicable rental, services, equipment or supplies already provided. Insurance and Indemnification 1. The User Agent must assume responsibility for the orderly and careful use of the facility and must agree to assume liability for any damage or loss of property caused by the use or in the course of the use. 2. The User and/or the User Agent will hold the Board of Education harmless from claims arising out of the permitted use of the school facility or during the User’s occupancy. In addition, the User and User Agent shall agree to save the Board harmless from liability for injury or damage to any person or property of any REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. Property USE OF SCHOOL FACILITIES Page 9 of 12 USE OF SCHOOL FACILITIES person who may be attending or participating in the function or activity for which permission has been granted. 3. F. The User shall furnish evidence of the purchase of liability insurance for the limits established by the Board. Rules for the Use of School Facilities 1. 2. Users of school facilities will be bound by the law. a. All Users must comply with all federal and New Jersey statutes and regulations relating to nondiscrimination. b. Users must comply strictly with all applicable statutes; municipal ordinances; and rules of the Board of Health, Fire Department and Police Department regarding public assemblies. c. The use must not exceed the established capacity of the facility used. d. The use must not involve gambling games of chance. e. The use, possession and/or distribution of alcohol and/or controlled dangerous substances are absolutely prohibited, in accordance with law and Policy Nos. 5530 and 7434. f. Smoking is prohibited in accordance with Policy No. 7434. g. School facilities cannot be used for any purpose prohibited by law or likely to result in rioting, disturbance of the peace, damage to property or for the purpose of defaming others. Users of school facilities will respect Board property. a. The User will not damage, destroy or deface school property. The facility will be used with care and left in an orderly and neat condition. b. The User must obtain written permission from the Director of Support Operation or Supervisor of Community Program, as may be applicable, to bring equipment, decorations or materials to the school facility. The Director of Support Operations or Supervisor of Community Programs shall consult with Principals, Supervisors or other personnel in this regard. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. Property USE OF SCHOOL FACILITIES Page 10 of 12 USE OF SCHOOL FACILITIES No equipment, decorations or materials may be nailed to floors, wall, windows, woodwork, curtains or fixtures or affixed to the same in any manner that defaces or damages school property. c. Any equipment, scenery, decorations or other material brought to the school facility and any debris caused by the use or remaining after the use must be promptly removed by the User. Any such materials left on school premises after the use may be removed by the Board at the User’s expense. The Board assumes no liability for damage to or loss of materials brought to school facilities. d. The User must obtain written permission from the Director of Support Operations or, for Users of the EBPAC, the Supervisor of Community Programs to use, move or tune a district piano. A piano may be moved only by a competent and experienced commercial mover and at the expense of the User. Any piano that has been moved must be returned to its original placement with the same care and at the expense of the User. e. Users of the gymnasium must ensure that all participants wear rubbersoled footwear to prevent damage to floors. f. No school facility may be used for a purpose in conflict with the purpose for which the facility was designed. g. Lighting equipment, ventilation systems and thermostatic controls may be operated only by an employee of the district. h. The User must obtain written permission from the Director of Support Operations or Supervisor of Community Programs, as may be applicable, to serve and consume food and/or beverages on school premises, in accordance with Policy No. 8506. i. No signs, posters, advertisements or other displays related to the approved use may be placed in a school building without the written approval of the Director of Support Operations or, for Users of the EBPAC, the Supervisor of Community Programs. In order for approval to be considered, the User must provide details including, but not limited to, the dimensions and wording to be used on the signs, posters, advertisements or other displays. j. No school keys shall be issued to any User. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. 3. Property USE OF SCHOOL FACILITIES Page 11 of 12 USE OF SCHOOL FACILITIES k. With the exception of service animals, no animal shall be allowed on school premises with the approval of the Director of Support Operations. l. The building Principal is responsible for examining the facility immediately after the use and informing the Director of Support Operations of any loss or damage that must be corrected. The Director of Support Operations will inform the User of the loss or damage. m. Permission to use school facilities extends only to the facility requested. Users are not entitled to enter health offices, administrative offices, storage closets or any other room to which permission to use has not been expressly granted. Users are not permitted to use district telephones and/or office equipment. n. No vehicle of any type shall be operated in any area that is not designed for such vehicles. Users Must be Properly Supervised a. A school custodian must be on duty during the entire time a use occurs. The custodian is present for the purpose of ensuring the security and proper functioning of the facility and of enforcing these regulations. The custodian is paid by the Board and may not accept gratuities from users. If the custodian is directed by the Director of Support Operations or, for Users of the EBPAC, the Supervisor of Community Programs, to perform extra services as an accommodation to the User, the User will be charged an additional fee and the custodian will be compensated accordingly by the district. The district retains the right, at all times, to require the presence of security personnel for the requested use, and the related cost shall be paid by the User. b. The use of certain school facilities (such as kitchen and auditorium stage) requires the services of school employees trained in the use of the facility and for which the User will be charged an additional fee. c. The User must assume full responsibility for the conduct of all participants in the use while they are on district premises and enforce these regulations. The User must provide an adequate number of persons to supervise participants in the activity. REGULATION EAST BRUNSWICK PUBLIC SCHOOLS 7510. 7510. G. Property USE OF SCHOOL FACILITIES Page 12 of 12 USE OF SCHOOL FACILITIES d. The User must ensure that it is aware of all emergency exit locations and that participants are informed of these locations. e. School officials are entitled to full and free access to any part of the school premises during any use. No User may exclude a school official from a school facility for any reason. Fee Schedule and Insurance Limits The Superintendent shall annually recommend for Board approval the use of school facilities fee schedule and insurance limits. H. This Regulation shall become effective January 1, 2012. Adopted: 11/17/2011 (Replaces Regulation Nos. 1330(a) and 1330(b)) Revised: 04/30/2015
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