1500-R Regulation Use of Facilities

Section 414(1) of NYS Education Law sets forth the permissible uses of school buildings and grounds. As long as the District determines that the particular use will not disrupt normal school operations, or damage school buildings, grounds and other property; the Board of Education encourages the use of District facilities by not-for-profit Community-based organizations.

A school district permitting community use of school property for after-school programs shall ensure that such programs are open to all of the District's children, regardless of whether they attend public or private school (414(2)).

PERMITTED USES

District facilities may be used for the purposes below, subject to the conditions and restrictions set forth in this policy.

• Instruction in any branch of education, learning or the arts.
• Social, civic and recreational meetings and entertainment, and other uses pertaining to the welfare of the Community which are nonexclusive and open to the general public.
• Meetings, entertainment and occasions where admission fees are charged, when the proceeds are to be expended for an educational or charitable purpose. In this regard, a full accounting shall be made available to the Board of all monies collected.
• Polling places for holding primaries and elections, and for the registration of voters.
• Recreation, physical training and athletics, including competitive athletic contests of children attending a private, not-for-profit school.

PROHIBITED USES

Use of District facilities for the following activities is specifically prohibited.

• Meetings, entertainment and occasions where admission fees are charged, when the proceeds are not to be expended for an educational or charitable purpose.
• Meetings, entertainment and occasions that are under exclusive control of, and the proceeds are to be applied for the benefit of a society, association or organization of a religious sect or denomination, or of a fraternal, secret or exclusive society or organization other than organizations of veterans of the military, naval, air force, and marine service of the United States and organizations of volunteer fire fighters or volunteer ambulance workers.
• Meetings sponsored by political organizations. They are permitted only if they are authorized by voter approval (414(l)(e); Elec. Law 4-104).
• Social, civic and recreational meetings and entertainment, and other uses pertaining to the welfare of the Community which are exclusive and not open to the general public.

CONDITIONS FOR USE OF DISTRICT FACILITIES

1. Use of school facilities may be permitted unless they are required for school purposes, or educational programs. School activities have priority over use of District facilities by individuals and not-for-profit Brentwood Community Based Organizations. The District reserves the exclusive and non-reviewable judgment to determine if a requested use would interfere with or disturb the District’s educational programs or the educational process itself.
2. To ensure the District facilities are preserved for the benefit of the greater District community, the Director of Facilities or their designee can only grant access for use of District facilities to not-for-profit Brentwood community based organizations. Any other individual or group will require Board of Education approval. To be considered a not-for-profit Brentwood community-based organization: (i) the group’s membership/participants, in the instance of minors, the organization must submit the address and contact number of the participant’s primary guardian, and must consist of 75% or more Brentwood residents, and be able to prove this by submitting a group roster, (ii) the group needs to be either tax-exempt under section 501(c)(3) of the Internal Revenue Code, and be able to prove that none of its earnings are given to private shareholders or individuals, (iii) the group’s earnings shall not be used to influence legislation and the group shall not participate in any campaign activity for or against political candidates. The District requires proof of 501(c)(3) status, or a copy of the group’s constitution/bylaws or financial reports to verify that a group is not-for-profit. Failure to provide requested proof may result in a denied building use application.
3. In addition to the full roster consisting of 75% or more Brentwood residents, participants at any and all facility uses must consist of 75% or more Brentwood residents to be considered a not-for-profit Brentwood community-based organization.
4. The permitted user is responsible for maintaining adequate discipline and is responsible for any injury or liability incurred. Groups composed of minors must have adequate supervision with at least one adult leader in complete Adequate supervision means there is one (1) adult leader for every twenty-five (25) minors.
5. Smoking, use or sale of tobacco products or E-cigarettes are not allowed on District property. Should this occur, the District reserves the right to end the event and revoke the permit and/or deny future requests for Facility Usage.
6. There shall be no gambling or use, possession, sale or distribution of intoxicating, alcoholic beverages or controlled substances at any time on school premises. Should this occur, the District reserves the right to end the event and revoke the permit and/or deny future requests for Facility Usage.
7. The use of public-school buildings or grounds must be in compliance with all Federal, New York State and/or local ordinances as well as, all policies, regulations and rules of the District, Police, Fire and/or Health Departments. Any organization that advocates or permits an action or activity contrary to the above listed ordinances, regulations or rules automatically and permanently forfeits its permit to use the facilities.
8. The school district expressly reserves the right to change the rules and regulations and to revoke permission previously granted at any time and for any reason. This includes, but is not limited to, cases where there is a question of misuse or misconduct, but also to cases where a need for the facilities develops in the school program after a permit for a specific date or series of dates has been granted to an outside group. If a group’s permit is revoked they may appeal to the Superintendent, whose decision will be final.
9. It is expected that any facility utilized by a group shall be left in a clean and orderly manner. Failure to do so may result in permit revocation.
10. If an event is planned where a vendor(s) will sell any item/service (i.e., face painting), a list of vendors, the item(s) they will sell and the use of the proceeds is to be submitted along with the Facility User’s application.
11. The granting of permission to use the school facilities shall not imply any right to exclude members of the Board of Education or school district representatives from the facility at the time for which permission has been granted, and all meetings shall be nonexclusive and shall be open to the general public.

12. The school custodian, as a representative of the Board of Education, may be present at all times during the use of the school facility for which permission has been granted for the purpose of inspection, or for observation to determine that the rules governing the facility use are enforced. Their services are not at the disposal of the group.
13. Unless written permission is granted by the Director of Facilities or their designee, no permitted user may put up decorations or scenery; move District equipment, such as a piano or spotlight; sell, give away, exhibit, or display items; carry out, play, or stage a game of chance; and/or sell or serve refreshments.
14. The organization to which permission has been granted under these rules is responsible for the care and proper use of the facilities and grounds. A responsible representative of the organization shall be the first person admitted to the grounds and the last person to leave. Further, they shall be in attendance at all times during the use of the grounds or facilities and they must have a copy of the approved permit with them during the approved usage.
15. There is no subletting, leasing or granting other organizations/persons permission to use District facilities. Only the Facility User who completed the Use of Facilities application is authorized to use District property. Nor can a Facility User apply for a permit on behalf of another Facility User. Violations may result in those Facility Users being denied permits.
16. The group must meet the requirement of 75% or more current Brentwood students participating per activity, per area used.
17. The person or organization, to which permission has been granted hereunder, is responsible for maintaining proper order on the part of all persons during the time for which permission has been granted. The person or organization approved to use District facilities must abide by the District’s Code of Conduct (see 1500-F5). Should there be more than one organization using the same field, but different facilities, each organization is responsible for its area of the facilities. The permitted user is restricted solely to the times and in the areas that have been approved by the District.
18. The Brentwood School District requires organizations have at least one person associated with the group (i.e., coach, volunteer) AED/CPR trained and certified to be on site and present during any activity taking place on District property. (see F6 – AED Location List).
19. For sports groups using District outdoor event space or fields where there are no AEDs provided, the Facility User acknowledges and agrees that the following conditions apply:
    
    a) Access to the District’s AED located inside the building is NOT provided with outdoor field use by youth sports leagues; and
    b) The group filed an AED Implementation Plan with the Suffolk County Health Department; and
    c) There will be at least one person associated with the group (i.e., coach or volunteer) trained and certified in the use of AEDs to be on site and present during any activity taking place on District property.
20. The person or organization, to which permission has been granted hereunder, shall be liable for any damages to school property through the negligence, carelessness, or neglect of anyone in attendance during the use for which permission has been granted hereunder. The District and Board of Education assume no responsibility for personal property left on the premises or for personal injury sustained. The group must maintain adequate insurance coverage as defined in the Application for Use of School Buildings and/or Facilities (see 1500-F1).
21. Any school buildings that are used on Saturdays, Sundays, or over recesses shall be subject to the appropriate fees (custodians, security, etc.).
     
22. Activities held by not-for-profit Brentwood community-based organizations shall be scheduled so that the session is over by 9:30 P.M. so that facilities can be cleaned and made sanitary for the students the following day. If for some reason the activity must exceed this 9:30 P.M. time, there will be a charge equivalent to the current custodial salary rate (per hour, per person) required to clean the facility.
23. Use of Facilities for sports leagues will end before Memorial Day to accommodate the building’s testing schedule, graduation and other year-end events.
24. The District may decline to accept any future applications for use of school grounds and facilities should the organization violate any of the rules and regulations as herein set forth, or otherwise, in the exercise of its discretion.
25. In case of an emergency, any pending application or actual permit for use of a District facility may be canceled so that all District facilities are immediately available to the District or the American Red Cross. The District reserves the exclusive non-reviewable right to determine if an emergency exists warranting the termination or alteration of any use.
26. The District reserves the right, without liability, to deny, terminate, suspend and/or revoke any permitted use that in the estimation of the District could reasonably be expected to, or actually does give rise to a riot or public disturbance.
     
27. Regular gym shoes/sneakers must be worn when sports or games are conducted on the gymnasium floors.
28. Use of District kitchens for food preparation and distribution requires prior consent and should be requested on the Application for Use of School Buildings and/or Facilities (see 1500-F1). The District requires the use of food service personnel be paid for by the organization requesting kitchen use, as only authorized personnel are permitted to operate kitchen equipment.
29. Upon approval of the written application, all checks for staff services, use fees, utilities and other building/grounds maintenance shall be made payable to the Brentwood Union Free School District. The District retains the right to condition use upon an applicant depositing with the District a sum equaling half of the estimated cost and fees associated with the proposed use ten (10) days in advance of the requested use. The District also retains the right to waive fees for groups that are associated with or sponsored by the District. Final payment is required within 30 days of billing. Those organizations who fail to make timely payments risk having their permission permit revoked and/or the denial of future requests, by the organization, to use District buildings and fields.
     
30. In the event that the District is operating on a contingency budget, all applicable custodial, security, etc., costs will be charged to ALL groups including not-for-profit Brentwood community-based organizations using school properties.

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