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Article 85 - Use of School Property & Facilities
| Section 85.1 | Purpose |
| Section 85.2 | Smoking Prohibited |
| Section 85.3 | Solicitation in the Schools |
| Section 85.4 | Advertising in the Schools |
| Section 85.5 | Student School Organization Use of School Facilities |
| Section 85.6 | Public Use of School Facilities |
| Section 85.7 | Fees |
| Section 85.8 | Use of Equipment Inside the Building |
| Section 85.9 | Use of Equipment Outside the Building |
| Section 85.10 | Student Automobile Use |
| Section 85.11 | Student Bicycle Use |
| Section 85.12 | Lockers |
| Section 85.13 | Sale of Food Beverages On School Property |
| Section 85.14 | Prohibited Conduct |
| Section 85.15 | Penalties and Procedures |
| Section 85.16 | Enforcement Program |
Article 85
USE OF SCHOOL PROPERTY & FACILITIES
Adopted 1/15/02
These rules govern the use by students, faculty and other staff, licensees, invitees, and all other persons, of school property, equipment and facilities under the control of the District and used in its administrative, teaching, cultural, recreational, athletic, and other programs and activities. The District is committed to providing a safe and disciplined school environment conducive to learning.
Section 85.2 Smoking Prohibited
(A) Due to the health hazards associated with smoking, and in accordance with federal and state law, the Board of Education prohibits smoking or other tobacco use in all school buildings, on school property, or at school-sponsored activities.
(B) This smoking policy shall be prominently posted in each building, and the Superintendent of Schools or his/her designee is/are hereby designated as agent(s) responsible for informing individuals smoking in a non-smoking area that they are in violation of Article 13 of the Public Health Law and/or the federal Pro-Children Act of 1994.
Section 85.3 Solicitation in the Schools
(A) No person or organization shall solicit funds from children in the schools within the District without prior approval of the Board of Education based upon a recommendation of the Superintendent.
(B) Any student fund-raising activity, whether involving the general public or limited to students and staff in school, must be approved in advance by the building principal, the Superintendent, and the Board of Education.
Section 85.4 Advertising in the Schools
Advertising on the grounds and/or in the schools of the District shall be governed by the following rules:
(A) School facilities, staff and school children shall not be employed in any manner for advertising or otherwise promoting any commercial, political, or non-school agency, individual or organization in the schools.
(B) Canvassing, soliciting of funds or selling of any items by any outside agency shall not be permitted on the school premises. School personnel may not participate, during school hours or on school grounds, in the solicitation of orders, the distribution of advertising materials, or the collection of charges.
(C) The Superintendent of Schools is authorized to issue a list of suggested vendors to meet District-prescribed standards, for example, for photographs or musical instruments, while allowing parents to make their own arrangements on any terms they wish, where the arrangement does not involve the use of school personnel.
(D) A commercial photographer who is taking school photographs on school premises for a school purpose may advise students, by means of a card, brochure or other appropriate device, that copies may be purchased directly from the photographer.
(E) The solicitation of orders for and the sale of class rings on school premises is permissible if authorized by the Board, and if all prospective vendors are given full and equal opportunity to compete, and students are fully involved in the promotion and sale of such rings.
(F) The Superintendent is hereby granted the authority to approve activities in cooperation with any individual or organization in promoting activities of general public interest which promote the education or other best interests of the students. Exhibitions in schools of any books or articles or apparatus, or films or other educational material shall be judged on the basis of their actual educational values.
(G) In the case of colleges, universities, armed service agencies, corporations, business and public service agencies, it is the policy of the Board of Education that access to schools shall be encouraged to bring career and occupational information to students. The Superintendent shall ensure that such activities are carefully monitored to restrict any commercial advertisement.
(H) Contracts which purport to authorize private individuals or corporations to promote the sale of products and services through commercial advertisements aimed at public school students are expressly prohibited.
(I) Nothing in this policy shall be construed to limit the authority of the Board of Education under law to authorize the broadcast of high school games and other events by radio and TV stations even though the broadcast is commercially sponsored.
Section 85.5 Student & School Organization Use of School Facilities
School organizations, including classes, clubs, athletic teams and other approved groups may schedule the use of school facilities for meetings and other approved functions by applying to the principal of the school they wish to use.
Section 85.6 Public Use of School Facilities
(A) As a service to the community, and subject to the limitations in paragraph (B) below, the Board hereby authorizes the use of school facilities to:
(1) responsible and properly organized community groups that draw a large majority of their membership from the population of the school District; and
(2) District residents for activities which are educational, cultural, social, recreational or civic in nature, primarily for the benefit of District residents, and consistent with all applicable state and federal laws; and
(3) the Boy Scouts of America or other youth groups listed as a patriotic society in Title 36 of the United States Code, including but not limited to the Girl Scouts, Big Brothers/Big Sisters, Boys' and Girls' Clubs of America, Future Farmers of America, and Little League Baseball; and
(4) recruiters for the United States Armed Services.
(B) The use of school buildings and other facilities by any organization operated for private gain, or any purpose involving private gain, will be permitted only when all the following conditions are met:
(1) the use/activity is sponsored by some other organization which is not operated for private gain;
(2) the use/activity will not benefit principally the organization which is operated for private gain; and
(3) a worthy educational, civic, or charitable purpose will be served.
(C) The use of school facilities, however, shall not be deemed an endorsement of the activity or the purpose for which the facilities are used.
(D) The Superintendent and/or his designee shall schedule the use of school facilities, ensure that economical and efficient use is made of the time and space available, and issue permits.
(E) Organizations or persons desiring to use school facilities must file a written request for a permit with the Superintendent at least 30 days prior to the requested date.
(F) No permit shall be issued until the Superintendent has determined that the following minimum requirements are met:
(1) the proposed use or activity will be in compliance with all applicable state laws and District policies;
(2) the protection of school property will be assured;
(3) the user will provide for the health and safety of all people involved in the activity;
(4) the fee, if any, to be charged pursuant to the schedule of fees established by the board of education has been paid;
(5) the user has agreed in writing to be solely responsible for payment of any damage or loss to school property or facilities, whether or not a fee for use has been charged;
(6) the user had furnished written proof of insurance protecting the District against any liability resulting from the organization's or person's use of school facilities, for no less than $1,000,000 aggregate bodily injury and death, and $1,000,000 property damage, naming the school District as additional insured, and a certificate of insurance is on file with the District prior to the activity/use taking place; and
(7) the user has agreed in writing to defend, indemnify and hold harmless the District from and against any and all claims, suits, demands, judgments, etc. arising directly or indirectly out of the use or activity for which the permit is issued and/or of any violation of the permit.
(G) The Superintendent shall have the right to request the following information when an application is submitted:
(1) the constitution and/or by-laws of the organization;
(2) the names of officers; and
(3) a list of members.
(H) All permits for the use of any school facility will be issued for specified hours, are nontransferable, and are restricted to the specified purposes for which issued.
(I) The Superintendent may revoke any permit at any time.
(J) Notwithstanding any other provision of this or any other District policy, except where required by state of federal law the District shall not require any permit holder to include any person or group of persons in the activity for which permission to use the school facilities has been granted.
(A) All persons and organizations that qualify to use school facilities pursuant to Section 85.6 of this Article will be charged the fees established by resolution of the board education.
(B) The Superintendent will, on or before July 1 of each year, compute costs involved in the maintenance of school facilities and recommend to the board a schedule of fees for use of facility.
(C) The Superintendent may adjust total costs for the use of school facilities by community groups on occasion when the use of the school building is shared by more than one group.
Section 85.8 Use of Equipment Inside the Building
At the discretion of the Superintendent, a charge will be made for the services of an operator, at the regular hourly rate, when any school equipment is to be used in connection with the program.
Section 85.9 Use of Equipment Outside the Building
At the discretion of the Superintendent, school equipment may be loaned to responsible community groups for a worthy educational, civic, or charitable purpose when:
(A) the group borrowing the equipment agrees to accept responsibility for repairing or replacing any equipment damaged or lost while in its possession;
(B) the equipment is not both unusually expensive and subject to easy damage;
(C) the equipment is in good condition; and
(D) the group will provide a competent operator for any machines loaned.
Section 85.10 Student Automobile Use
(A) In order for a student to be allowed to operate and/or park a motor vehicle on school property, he/she must:
(1) possess a valid driver's license; and
(2) submit a completed application signed by a parent or guardian; and
(3) obtain a school issued driving/parking permit or sticker.
(B) Students must:
(1) park in the designated student parking lot;
(2) display student parking sticker as directed; and
(3) comply with and obey all provisions of law governing the use or operation of motor vehicles on public highways.
(C) Students must not:
(1) loiter or congregate in or near their car or the cars of other students during the school day;
(2) go to their cars for any reason during the school day;
(3) provide rides for other students to or from school;
(4) park in the areas of school property designated for faculty or staff parking, or not specifically designated for student parking; and/or
(5) engage in unsafe driving or inappropriate use of a car on school property.
(D) Any violation of these rules will result, for a first time offense, in a two-week suspension of driving and parking privileges on school property; and any subsequent violation(s) will lead to revocation of the driving/parking permit.
(E) The operation and parking of a motor vehicle by a student on school property is a privilege granted by the District, not a right possessed by students; and the District reserves the right to request that such vehicles on school property be searched by law enforcement personnel.
Section 85.11 Student Bicycle Use
(A) Students may ride their bicycles to and from school provided that they leave their bicycles in the bicycle racks locate in designated areas.
(B) Students must:
(1) not bring, use or operate a bicycle in any school building;
(2) not use or operate a bicycle on school grounds during the school day except to arrive at school in the morning and to leave school in the afternoon at the end of the school day;
(3) comply with and obey all provisions of law governing the use and operation of bicycles on public highways, including but not limited to the use of helmets.
All lockers provided by the District for use by students are and remain the property of the District, and the use thereof by students is a privilege revocable by the District. A student shall have exclusive use of the locker(s) assigned to such student only as far as other students are concerned. The District retains all rights to access and search any and all lockers.
Section 85.13 Sale of Food & Beverages On School Property
Food and/or non-alcoholic beverages may be sold on District property in accordance with the following:
(A) For District sponsored events, such as athletic competitions and student performances and presentations, the right to operate a concession shall be determined by the Student Council with priority to be given to student activity groups. Absent interest by a student activity group, the right to operate a concession may be granted to community organizations, with preference being given to those which support District programs.
(B) For all other events, the right to operate a concession shall be determined by the Superintendent, who may consider granting the same to the organization or group conducting the event, a student activity group, or a community organization.
Section 85.14 Prohibited Conduct
In addition to any other conduct or use prohibited by the provisions of this Article, no person, either singly or in concert with others, shall engage or participate in any conduct which violates the provisions of the District's code of conduct set forth in Article 15.
Section 85.15 Penalties and Procedures
A person who shall violate any of the provisions of these rules shall be subject to the following penalties and procedures:
(A) If a licensee or invitee, his/her authorization to remain upon the grounds or other property shall be withdrawn and he/she shall be directed to leave the premises. In the event of failure to do so, he/she shall be subject to ejection.
(B) If a trespasser or visitor without specific license or invitation, he/she shall be subject to ejection.
(C) If he/she is a student, he/she shall be subject to disciplinary action as the facts of the case may warrant, including suspension, probation, loss of privileges, reprimand or warning as prescribed by section 3214 of the Education Law and he/she shall be subject to ejection.
(D) If a tenured faculty member, he/she shall be subject to ejection, warning, reprimand, suspension and/or other disciplinary action as prescribed by and in accordance with section 3020-a of the Education Law.
(E) If a staff member in the classified service of the civil service, he/she shall be subject to the penalties and procedures prescribed in section 75 of the Civil Service Law and be subject to ejection.
(F) If a staff member other than one described in subdivisions 4 and 5, he/she shall be subject to dismissal, suspension without pay or censure and be subject to ejection.
Section 85.16 Enforcement Program
The Superintendent of Schools shall be responsible for the enforcement of these rules, and he/she shall designate the other personnel who are authorized to take action in accordance with the following provisions when required or appropriate to carry them into effect:
(A) In the case of any apparent violation of these rules by such persons, which, in the judgment of the Superintendent or his/her designee, does not pose any immediate threat of injury to person or property, such school official may make reasonable effort to learn the cause of the conduct in question and to persuade those engaged therein to desist and to resort to permissible methods for the resolution of any issues which may be presented. In doing so such school official shall warn such persons of the consequences of persistence in the prohibited conduct, including their ejection from any District properties where their continued presence and conduct is in violation of these rules.
(B) In any case where violation of these rules does not cease after such warning and in other cases of willful violation of such rules, the Superintendent or his/her designee shall cause the ejection of the violator from any premises which he/she occupies in such violation and/or, if appropriate, make recourse to police authorities. The school official may also initiate disciplinary action as hereinbefore provided.
(C) The Superintendent or his/her designee may apply to the public authorities for any aid which he/she deems necessary in causing the ejection of any violator of these rules and he/she may request the Board's Counsel to apply to any court of appropriate jurisdiction for any injunction to restrain the violation or threatened violation of such rules.