Application Procedure for Use of District Facilities:
A. All applications for use of school facilities shall be made in writing and submitted to the Superintendent of Schools at least 60 days prior to the date of the requested use. A use permit application is available in the Superintendent’s office or on this webpage.
B. The applicant must clearly and completely describe the intended use of the district facility in the application.
C. All applicants must review this policy prior to submitting the application. All applications must be signed by an authorized agent of the group or organization requesting use. The applicant’s signature on the application shall attest to the group or organization’s intent to comply with all Board policies and regulations and to use district facilities strictly in accordance with the use described in the application.
D. All applicants must agree to assume responsibility for all damages resulting from its use of district facilities. Proof of adequate insurance must be provided by the applicant at least 10 days before the date of the requested use. The applicant shall indemnify and hold harmless the school district, and their agents, servants or employees from any and all claims arising out of, or in any way connected with, the function and activities for which application is made.
E. Permits shall be valid only for the facility, use, dates and time specified in the permit. No adjustment to the permit is allowed except with the prior written approval of the Superintendent. Permits shall not be transferable.
F. The Superintendent is authorized to alter or cancel any permit if it becomes necessary to use the facility for school purposes or for other justifiable reason. G. With regard to scheduling activities, the district retains the right to give preference to groups and organizations which are associated with or sponsored by the district. This may include, but is not limited to, PTO, PTA, Teachers Associations, Alumni Associations, Booster Clubs, Town Recreation Programs, and youth sports organizations located within district boundaries.
H. Issuance of a permit shall not limit the right of access to the facility by district staff.
I. The applicant shall comply with all appropriate federal, state, county and municipal laws, regulations, ordinances, school policies, and codes in effect.
J. The applicant shall meet all conditions established by the school prior to the actual facility use.
K. Failure to complete the Facility Use Form in its entirety will result in rejection.
L. For applicants holding events for 50 or more attendees, notwithstanding any other provision contained herein, the District requires the presence of security to ensure the health and safety of attendees. The District will require a minimum of one security officer to be present for every 50 attendees. Security personnel will be provided by a vendor approved by the District, and applicants will be solely responsible for payment of the security vendor’s fees. For District co-sponsored events, appropriate security and supervision will be determined by and provided by the District on a case-by-case basis.
M.. Refundable Deposit - A refundable deposit, as outlined in the Fee Schedule on Page 1 is required. The district's personnel will inspect the facility used and any and all district property impacted and/or effected by the use in question and, if there are no damages or additional cleaning fees required, the deposit will be returned. ALL DEPOSITS MUST BE MADE IN CERTIFIED FUNDS OR CASHIER'S CHECKS MADE PAYABLE TO THE “FALLSBURG CENTRAL SCHOOL DISTRICT.”
Public Use of Facility
Policy 1500
While the district's school
buildings and grounds are maintained primarily for the purpose of educating
students within the district, the Board of Education recognizes that the
buildings and grounds are a valuable community resource and believes that this
resource should be available to the community for specific uses that will not
interfere with educational activities, or otherwise be detrimental to the district’s
ability to use or maintain its facilities or be detrimental to the district’s
ability to pursue its pedagogical mission. This policy is intended to identify
the uses that community groups may make of those facilities. All visitors must
comply with the District’s Code of Conduct. Failure to do so may result in refusal
to permit use or the revocation of previous permission for any individual or
group. Permission to use
facilities may be denied for any justifiable reason, including, but not limited
to the District’s determination the requested use would be incompatible with
the District’s efforts to preserve the functionality, appearance, or usefulness
of the facility in question.
Permitted Uses
District facilities may be used
for the purposes listed below, subject to the conditions and restrictions set
forth in this policy.
A.
Instruction
in any branch of education, learning or the arts.
B.
Social,
civic and recreational meetings and entertainments, or other uses pertaining to
the welfare of the community so long as such uses are non-exclusive and open to
the general public.
C.
Meetings,
entertainment, and occasions by District-sponsored/related organizations, and local
municipal entities where admission fees are charged, when the proceeds are to
be spent for an educational or charitable purpose.
D.
Polling
places for holding primaries and elections, for the registration of voters.
E.
Civic
forums and community centers.
F.
Recreation,
physical training and athletics, including competitive athletic contests of
children attending a non-public, nonprofit school.
G.
Child-care
programs when school is not in session, or when school is in session for the
children of students attending schools of the district and, if there is
additional space available, for children of employees of the district.
H.
Graduation
exercises held by non-public, non-profit elementary and secondary schools,
provided that no religious service is performed.
Prohibited Uses
Any use not permitted by this
policy is prohibited. In addition, the following uses are specifically
prohibited, to the extent consistent with state and federal law:
A.
Meetings
sponsored by political organizations.
B.
Any
use where admission fees are charged, or donations are solicited, except as
otherwise provided in paragraph “C” under the preceding “Permitted Uses” section
of this policy.
Conditions of Use for District
Facilities
A.
Use
of district facilities may be permitted when such facilities are not in use for
school purposes, but may also be permitted when such facilities are in use for
school purposes if the Board determines that the proposed use will not be
disruptive of normal school operations. The district reserves exclusive and
nonreviewable judgment to determine if a requested use would interfere with or
disturb the district's educational programs and operations.
B.
To
ensure that district facilities are preserved for the benefit of the greater
district community, only community-based groups and organizations (that is,
groups which are located within the geographic area covered by the district)
may be granted access to district facilities.
C.
Use
of district facilities will be permitted only where the applicant agrees to pay
the district any required user fee to cover the costs of maintenance, custodial
services and any other expenses associated with the requested use (e.g.,
security, damage deposit). The district retains the right to condition use upon
an applicant depositing with the district a sum equaling the estimated costs
and fees associated with the proposed use ten (10) days in advance of the
requested use. The district retains the further right to waive user fees for
groups that are associated with or sponsored by the district.
D.
A
deposit will be required, to be applied against any additional costs to the
school district as a result of your facilities use. Such costs may include, but
are not limited to, the expense of clean-up or damage repair to the physical
plant beyond ordinary wear and tear. The deposit will be credited against such
costs prior to claims against your insurance policy. After such costs, if any,
are deducted, and all other facilities use fees have been paid, the deposit or
any remaining portion shall be refunded.
E.
Where,
in the judgment of the district, the requested use of district facilities
requires special equipment or supervision, the district reserves the right to
deny such use.
F.
Use
of district facilities will only be permitted where the organization provides
the district timely evidence of adequate insurance coverage (as detailed in
Appendix A) to save the district harmless from all liability, property damage,
personal injuries and/or medical expenses. The district will exercise complete
and unreviewable discretion regarding what constitutes adequate insurance
coverage for each proposed use.
G.
The
Board reserves the discretion to deny use of district facilities described
above, or to terminate use of district facilities:
1.
By
an applicant, group or related applicant/group who has/have previously misused
or abused district facilities or property or who has/have violated this policy;
2.
For
any use which could have the effect of violating the Establishment Clause of
the United States Constitution or other provisions of the United States or New
York State Constitutions;
3.
For
any use which, in the estimation of the Board, could reasonably be expected to
or actually does give rise to a public disturbance and/or negatively impact the
district’s ability to conduct its operations;
4.
For
any use which the Board deems inconsistent with this policy;
5.
For
any use by a private for-profit entity that has the direct or indirect effect
of promoting the products or services of such entity;
6.
In
any instance where alcoholic beverages, tobacco products, marijuana, unlawful
drugs, or other illegal substances are sold, distributed, consumed, promoted or
possessed; or
7.
For
any use prohibited by law.
8.
For
any use inconsistent with the District's Code of Conduct and/or Board of
Education policies and administrative regulations.
Consequences of Misuse
1.
Use
of areas that have not been authorized or staying beyond the hours specified in
the facilities use approval shall be treated as trespasses and subject you and
your participants to immediate exclusion from the premises and/or prosecution
under the law.
2.
Failure
to follow the directions of District personnel assigned to cover the event
(e.g., administrators or custodial staff members) will result in immediate
termination of your privilege of facilities use and your group will be
instructed to leave the facilities. Failure to vacate will be treated as a
trespass and reported to law enforcement.
3.
Damages,
vandalism, excess wear and tear or sullying of the facilities, failure to abide
by use limitations (e.g., areas of use, time frames, authorized activities),
and/or failure to cooperate with District personnel may result in loss of
further access to school facilities as determined by the Superintendent.
Adopted: October 7, 2009
Revised: September 17, 2014,
February 2, 2022, February 7, 2024