Bakersfield City School District
Terms of Use

Book            BCSD Board Policies

 

Section        0800 Buildings and Grounds

Title            USE OF SCHOOL FACILITIES

Code            800.05

Status            Active

Last Revised         _______________

 

BP 800.05

 

Board Policy

Purpose

While District facilities and grounds exist primarily for the instruction and benefit of District students and other educational purposes of the District, the Board believes that school facilities and grounds are a vital community resource which should be made available to foster community involvement and development.  Accordingly, the Board authorizes the use of school facilities and grounds by responsible community groups for purposes provided for in the Civic Center Act when District facilities and grounds are not needed for District purposes, and such civic center use does not interfere with school activities, upon the terms and conditions set forth in this policy and other applicable policies, administrative regulations, and exhibits.  Use of school facilities and grounds is only authorized to the extent that such use: (i) is consistent with the preservation of order in, and the protection of, school facilities and grounds; and (ii) does not infringe upon nor interfere with school activities or other school-related uses, or the best interests of the District, its students, or the community.

The Board recognizes that there are costs involved in non-school related use of school facilities and grounds, and that charges are necessary so that school monies will not be used in support of non-school related activities.  Special or additional labor or services may be required, in the District’s sole discretion: (1) for safety or security purposes; (2) to protect school facilities and grounds; (3) to maintain order on school sites; (4) to prevent interference with the regular conduct of school work; and/or (5) otherwise to support the civic center use in a safe and efficient manner. 


(cf. BP 300.09 – Emergencies and Disaster Preparedness Plan)
(cf. BP 300.44 – School Safety Plan)
(cf. BP 605.8 – Student Organizations and Equal Access)

 

Authority

California law permits the Governing Board of a school district to grant the use of school buildings or grounds for public use. The District retains sole discretion to determine which of its facilities shall be made available for use.  

The Board may also establish such terms and conditions of usage as it deems proper, subject to the limitations, requirements and restrictions set forth in the California Education Code and California Code of Regulations.

The Board has the authority to levy and adjust fees.

Use of school property shall be under the supervision of the Superintendent or designee.  The Superintendent or designee shall maintain procedures and regulations for Civic Center use of school facilities and grounds, which: (1) Preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary; (2) Ensure that the civic center use of facilities or grounds is not inconsistent with the use of the school facilities or grounds for school purposes and does not interfere with the regular conduct of school work; and (3) Encourage, aid and assist groups desiring to use school facilities for approved civic center activities.  (Education Code Section 38133)

The Board authorizes that the Superintendent or designee may grant the use of school facilities on those days on which the school is closed. (Education Code Section 37220)

 

Types of Use

Subject to District policies and regulations, the Board shall make school facilities and grounds under its jurisdiction available as a civic center to citizens, residents, and community groups, for the following purposes (Education Code Sections 32282 and 38131):
 

  1. Public, literary, scientific, recreational, educational or public agency meetings.
  2. The discussion of matters of general or public interest.
  3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any religious organization.  As required by law, religious organizations using district facilities for the conduct of services shall be charged at least a direct-costs fee.
  4. Licensed and registered child care or day care programs to provide supervision and activities for children of preschool and elementary school age.
  5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies.
  6. Supervised recreational activities, including, but not limited to, sports league activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youth may participate regardless of religious belief or denomination.
  7. Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The Board shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, and shall cooperate in furnishing and maintaining such services as it deems necessary to meet community needs. (Education Code Section 32282)
  8. A community youth center. 
  9. A ceremony, patriotic celebration, or related educational assembly conducted by a veterans’ organization, as defined under California Military and Veterans Code section 1800. 
  10. Other purposes deemed appropriate by the Board.

(cf. BP 300.09 – Emergencies and Disaster Preparedness Plan)
(cf. BP 300.44 – School Safety Plan)
(cf. BP 400.47 – Preschool/Early Childhood Education)
(cf. BP 602.09 – After School Programs)

 

Priority of Users

District or school-related activities (e.g., district educational programs or activities related to the instructional and educational programs of the District or the regular conduct of schoolwork; in-school or school related uses such as student clubs, class events, etc.) shall be given priority in the use of facilities under the Civic Center Act. Thereafter, the use of facilities shall be coordinated by the Superintendent or designee based on the Priority of Users. Specifically, use of school facilities and grounds shall be given preference on a first-come, first-serve basis; however, if two or more applications requesting the same facility are received prior to issuance of a Use Permit for that facility, priority shall be given, in the District’s discretion, in the following order:

  1. Contracted uses (e.g., leases, joint use agreements, joint occupancy agreements, and license agreements, etc., outside the scope of the Civic Center Act).
  2. “District/School Support Groups” (District and school affiliated groups and support groups, as further defined below, i.e., PTA, Booster Clubs, School-Connected Organizations, Educational Foundations, Community Advisory Committees, etc.).
  3. A city or county “Official Election Day Polling Place”, as further defined below, as set forth in Board Policy 300.50.
  4. Civic center users with a longstanding, good relationship with the District (as determined in District’s sole discretion) in using district facilities and grounds when requesting use of the same facility historically used by the user for the same program or activity (excludes longstanding civic center users requesting use of different facilities or grounds or different program use).
  5. “Community-Based Youth Programs” means a non-profit or public agency program for youth with at least seventy-five percent (75%) of program participants who are children residing in district boundaries and/or attending district schools. (“Non-Profit Community Youth Development & Service Organizations” and “Community Recreational Youth Sports Leagues”, as defined below, may qualify as a Community-Based Youth Program if at least seventy-five percent (75%) of program participants are children residing in district boundaries and/or attending district schools.)
  6. “Non-Profit Community Youth Development & Service Organizations”, as further defined below, whose primary purpose is to promote youth and school activities, such as Boy and Girl Scouts, YMCA, or Camp Fire USA, etc.
  7. Community Recreational Youth Sports Leagues means a non-profit or public agency community-based recreational sports program that charge participants no more than a nominal fee (a “nominal fee” means an average of no more than sixty dollars ($60) per month).
  8. Other non-profit or public agency youth programs and activities.
  9. Public agency adult recreation and activities.
  10. Public agency meetings, such as city, county and other school district meetings, etc., or public agency events serving the welfare, health, and/or safety of youth.
  11. Non-profit adult recreation, such as adult baseball, etc.
  12. Non-profit cultural, civic, service, community, or public affairs groups, such as homeowners’ groups, senior citizen groups, religious organizations, veterans’ groups, etc.
  13. Individual family use for a one-time event, such as a picnic or birthday party (not for-profit uses).
  14. For-profit uses by individuals or business entities, or other groups.
  15. Movie or commercial film companies.

 

User Group Categories

Category 1: 
District/School Support Groups; Official Election Day Polling Place; Non-Profit Community Youth Development & Service Organizations.  “District/School Support Groups” are district and school sponsored or affiliated groups whose activities, as determined by the Superintendent or designee, directly support and promote the educational mission of the district and benefit district schools and students, including, parent/teacher associations (PTA), Booster Clubs, School-Connected Organizations (BP/AR 300.21), school employee organizations, District Educational Foundations, district community school programs, Community Advisory Committees (BP/AR 300.55), and other organizations and clubs directly affiliated with the district and its schools.  “Official Election Day Polling Place” means a city or county official election-day polling place as set forth in Board Policy 300.50.  “Non-Profit Community Youth Development & Service Organizations” are non-profit, volunteer-based, community groups for children organized to promote youth and school activities of district students and schools, and include Girl Scouts, Boy Scouts, Camp Fire, and YMCA.  Non-Profit Community Youth Development & Service Organization programs qualifying for Category 1 must be local, volunteer-based programs for District students that foster student development of academic success, leadership and social skills, good health and physical wellbeing, responsible citizenship and community service practices, cognitive and creative competence, and life skills, and may not charge a fee for participation.  These activities are intended to occur primarily during the school week.  Groups using school facilities or grounds for fundraising activities that are not directly beneficial to youth or public school activities of the district, as determined in the district’s sole discretion, shall not qualify for Category 1. 

 

Category 2:
Qualifying Community-Based Recreational Youth Sports Leagues; Official Government Activities; Bakersfield City Parks and Recreation Department. “Qualifying Community-Based Recreational Youth Sports Leagues” are local youth sports leagues that charge participants no more than a nominal fee (a “nominal fee” means an average of no more than sixty dollars ($60) per month), which is used to pay for necessities, such as uniforms, equipment, facilities, snack bars, and trophies.  The youth sports league programs qualifying for Category 2 must be local, must be run by volunteers, must not pay coaches, and may be affiliated with local high schools.  “Official Government Activities” means city, county, state or federal government official activities, including the activities of their public agencies, other school districts, and the Bakersfield City Parks and Recreation Department youth programs. 

 

Category 3: 
Other Not-For-Profit Community, Civic, or Service Organizations; Individual/Family Use.  Non-profit, public, and religious organizations with a community-focused program, such as cultural, civic, service, recreational, community, or public affairs groups.  Examples include, without limitation: homeowners’ groups, senior citizen groups, veterans’ groups, non-profit or public agency adult recreation programs, etc.; religious organizations for services; non-profit youth recreational programs that do not qualify for Category 2; Bakersfield City Parks and Recreation Department adult programs; other non-profit youth programs or activities that do not qualify under Category 1; individual family use for a one-time events, such as a picnic or birthday party (not for-profit uses), etc.; and all other uses governed by Education Code section 38134 for which mandatory Direct Cost fees (as defined below) are specified.  Category 3 uses are all uses (excluding contracted uses) other than those specified as qualifying for classification under Category 1, Category 2, or Category 4, unless otherwise specified herein. 

 

Category 4:
Commercial or Profit Making Uses. Users of school facilities or grounds for any commercial or for-profit activity, or any use for entertainment or meetings where admission is charged, sales completed, or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. Category 4 shall apply to all citizens, associations, clubs or organizations which are not qualified for classification as Category 1, Category 2, or Category 3, or other uses governed by Education Code section 38134 for which mandatory Fair Rental Value fees (as defined below) are specified. Any monies received may be used for purposes other than the welfare of the students in the district or charitable purposes.  


Except for uses governed by Education Code section 38134(d) and (e) for which mandatory fees are specified, the district retains, in its sole discretion, all rights to apply any User Group Category to any user group or use based on the type or category of applicant or use, consistent with the Civic Center Act, California Education Code section 38130, et seq., California Code of Regulations, Title 5, section 14041, and any other applicable law.
 

(cf. BP 300.21 – School Connected Organizations)
(cf. BP 300.50 – Relations with Other Governmental Agencies and the Schools)
(cf. BP 300.55 – Citizen Advisory Committees)

 

Fees for Use of School Facilities

The cost of making district facilities and grounds available shall be borne by the user in accordance with the Civic Center Act.  All groups granted use of school facilities or grounds under the Civic Center Act shall be charged fees in accordance with the Board adopted Civic Center Use Schedule of Fees (“Fee Schedule”) except as otherwise provided herein.  Costs of use of district equipment, or special or additional labor or services requested or required, shall be charged in accordance with the Fee Schedule.  The Fee Schedule shall be reviewed, updated, and adopted annually.  The Fee Schedule shall be available through the District’s Facilities Department office or online at: www.bcsd.com/apps/facilities/ (Facilities Use).  

BCSD reserves the right to recoup any and all direct costs not otherwise set forth in the Fee Schedule if incurred by BCSD as a result of the civic center use or as otherwise required to facilitate the civic center use. 

User shall be responsible for paying any and all possessory interest charges and/or taxes levied for use of the facilities pursuant to California Revenue and Taxation Code section 107.6.  

(cf. E(1) 800.05 – Fee Schedule)

 

  1. Cost of Special or Additional Labor, Services, or Equipment: The use of school facilities and grounds may be permitted at no cost to Category 1 users on regular school days provided that a District employee is available on-site to open, set-up, and secure the facility, and provided that the use does not result in additional costs to District, i.e., for security, custodial, etc.  If special or additional labor, services or equipment are requested or required, the District may, at its sole discretion, charge Category 1 users a fee equal in accordance with the District’s Fee Schedule, as follows:
    1. Should any Category 1 user request to use school facilities, and special or additional labor, services, or equipment are required (including if the services required exceed the normal capacity of the custodial services available), the District will charge the Category 1 user a fee equal to the direct cost of those labor/services and/or equipment as set forth in the District’s Fee Schedule.
    2. Should any Category 1 user request to use school facilities at a time when custodial services are not normally available and/or at a time when school personnel would not otherwise be available to open and close the facilities or grounds as part of his/her normal duties during his/her regular hours, the District will charge the Category 1 user a fee equal to the direct cost of those labor/services as set forth in the District’s Fee Schedule.

    3. Should the District determine, in District’s sole discretion, that school personnel must be present during a Category 1 user’s use of school facilities or grounds, or if operation of requested school equipment by school personnel is required, and such school personnel would not otherwise be available to perform that function as part of his/her normal duties during his/her regular hours, the District will charge the Category 1 user a fee equal to the direct cost of those services as set forth in the District’s Fee Schedule.

    4. The District will charge a Category 1 user for any other costs, including the cost of utilities, directly attributable to the user’s use of school facilities or grounds if determined, in the District’s sole discretion, that such charge is necessary based on the scope of the use, time, or if special or additional labor, facilities or services are required.

  2. Special Fee. Category 2 users shall be charged a discount fee (which is intended to reflect a reduced charge for Operational Direct Costs, as that term is defined below), plus the user’s proportionate share of Capital Direct Costs, as defined below.  The discount percentage applied for Operational Direct Costs shall be fifty percent (50%).

    The use of school facilities and grounds by Category 2 users shall be permitted at the Special Fee rate on regular school days provided that a District employee is available on-site to open, set-up, and secure the facility, and provided that the use does not result in additional costs to the District.  If special or additional labor, services or facilities are required, the District may, at its sole discretion, also charge Category 2 users the Cost of Special or Additional Labor, Services, or Equipment in accordance with the District’s Fee Schedule in the same manner as described above for Category 1. 

     
  3. Direct Costs: Pursuant to Education Code section 38134 and Title 5 of the California Code of Regulations, section 14037, et seq., Category 3 users shall be charged a fee not to exceed the District’s direct costs (Operational Direct Costs and Capital Direct Costs, as defined below), unless otherwise specified herein.  The hourly fees charged under the Civic Center Act are intended to reflect the user’s proportionate share of the District’s direct costs associated with the total use of the school facility or grounds.
    1. Operational Direct Costs: User’s proportionate share of the costs of supplies, utilities, janitorial services, services of District employees and/or contracted workers, and salaries and benefits paid to school District employees directly associated with the administration of the Civic Center Act to operate and maintain the school facilities or grounds, including all school and District equipment used by civic center users. (Ed. Code, §38134(g)(1)(A); 5 CCR §14037(b)(2).)

    2. Capital Direct Costs:  User’s proportionate share of the costs for maintenance, repair, restoration, and refurbishment of the school facilities or grounds.  (Ed. Code, §38134(g)(1)(B).)  Capital Direct Costs collected pursuant to Education Code section 381344(g) shall be deposited into a special fund for costs of capital maintenance, repair, restoration, and refurbishment as related to the depreciation of school facilities and grounds as accelerated by non-district users. (5 CCR §14042.)  Capital Direct Costs shall not apply to the following: 

      1. ‚ÄčGeneral classroom facilities, which do not include specialty teaching spaces (such as specialized classrooms, auditoriums, MPRs, etc.) School grounds, such as, without limitation, athletic fields, tracks, gyms, basketball courts, etc., are also not general classroom facilities for purposes of this exclusion.  Capital direct costs shall apply to all specialty teaching spaces, school grounds, and other non-classroom spaces. (5 CCR §14037(b)(1)(A); Ed. Code, §38134(g)(1)(B)(i); see generally 5 CCR §14030(c) & (g)-(k).)

      2. Classroom-based programs that operate after school hours where participants spend at least 50 percent of operational hours in a classroom, including, but not limited to, after-school programs, tutoring programs, or child care programs.  (5 CCR §14037(b)(1)(B)(i); Ed. Code, §38134(g)(1)(B)(ii)(I).)
      3. Organizations retained by the school or District to provide instruction or instructional activities to pupils during school hours. (5 CCR §14037(b)(2); Ed. Code, §38134(g)(1)(B)(ii)(II).)

        Operational Direct Costs apply to the foregoing except as otherwise stated herein.  

        If special or additional labor, services or equipment are required, the District shall also charge Category 3 users the Cost of Special or Additional Labor, Services, or Equipment in accordance with the District’s Fee Schedule in the same manner as described above for Category 1.  

         
  4. Fair-Rental-Value Fee: Category 4 users shall be charged fair rental value when using school facilities or grounds, meaning the direct costs to the District plus the amortized costs of the facilities or grounds used by the user group for the duration of the activity authorized.  If special or additional labor, services or equipment are required, the District shall also charge Category 4 users the Cost of Special or Additional Labor, Services, or Equipment in accordance with the District’s Fee Schedule in the same manner as described above for Category 1.

    Category 1, Category 2, and Category 3 users shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the District’s students. (Education Code Section 38134)

     
  5. Fee Schedule Rate Adjustment:  Fee Schedule rates shall be adjusted annually to reflect the increased cost of maintaining the District’s facilities, grounds, and equipment.  District staff shall annually review the District’s operational direct costs and capital direct costs, as well as the fair rental value of District’s facilities, grounds, and equipment, and adjust the hourly rates accordingly.  Rate adjustments shall take effect on July 1 of each year.

 

Legal Reference:

EDUCATION CODE

10900-10914.5 Community recreation programs

32282 School safety plan

37220 School holidays

38130-38139 Civic Center Act, use of school property for public purposes

BUSINESS AND PROFESSIONS CODE

25608 Alcoholic beverage on school premises

 

MILITARY AND VETERANS CODE

1800 Definitions

 

REVENUE AND TAXATION CODE

107.6 Notification of taxability of possessory interest

 

CA CODE OF REGULATIONS, TITLE 5

14037-14042 Civic Center Act – Proportionate direct costs for use of school facilities & grounds

14030 Standards, planning and approval of school facilities

 

UNITED STATES CODE, TITLE 20

7905 Equal access to public school facilities

 

COURT DECISIONS

Good News Club v. Milford Central School, (2001) 533 U.S. 98

Lamb's Chapel v. Center Moriches Union Free School District, (1993) 508 U.S. 384

Cole v. Richardson, (1972) 405 U.S. 676

Connell v. Higgenbotham, (1971) 403 U.S. 207

ACLU v. Board of Education of Los Angeles, (1961) 55 Cal.2d 167

Danskin v. San Diego Unified School District (1946) 28 Cal.2d 536

Ellis v. Board of Education, (1945) 27 Cal.2d 322

 

ATTORNEY GENERAL OPINIONS

82 Ops.Cal.Atty.Gen. 90 (1999)

79 Ops.Cal.Atty.Gen. 248 (1996)

76 Ops.Cal.Atty.Gen. 52 (1993)

 

LEGISLATIVE HISTORY

AB 1557 (2016)

 

Policy Adopted: Unknown

 

Revision Adopted: April 23, 1991

Revision Adopted: December 18, 2001

Revision Adopted: June 26, 2012

Revision Adopted: August 26, 2014

Revision Adopted: ________, 2022

 

 

AR 800.5

Administrative Regulations

Application Requirements and Procedures for Use of Facilities

  1. The District requires all individuals, groups, societies, organizations, clubs, associations, or other persons or entities (collectively referred to as "Applicants" and/or “Users” in this Administrative Regulation) who apply for use of school facilities or grounds to complete, sign and submit the following to the District:

    1. Completed Facility Reservations Request Application and Agreement for Use of School Facilities and Grounds (Application), which includes User’s acknowledgement of, and agreement to, the Terms and Conditions of Use, and Written Statement of Information, as described below.

    2. Original Certificate(s) of Insurance ($2,000,000.00 minimum coverage), naming Bakersfield City School District and its Board as an additional insured.

    3. Proof of non-profit or tax-exempt status (if applicable), or other sufficient proof acceptable to District that Applicant meets the required applicable Category of Use qualifications, as set forth in Board Policy 800.05. 

    4. Written authorization from Applicant for Applicant’s duly authorized representative to submit the Application and enter into the use agreement with District on behalf of Applicant if Applicant is a group, society, organization, club, association, or other entity, as described below. 

    5. Deposit (50 percent) is due upon application submission.

The foregoing items are collectively referred to as the “Application” in this Administrative Regulation.

  1. Applicants, and duly authorized representatives of Applicants applying on their behalf, must be over the age of 18.    

  2. Any person applying for use of school property on behalf of any society, group, organization, club, association, or other entity shall be an officer or authorized representative of the Applicant group and shall present written authorization from the Applicant group to submit the Application and enter into the use agreement with District on behalf of Applicant.  

  3. Written Statement of Information. Applicants applying for use of school facilities or grounds shall submit a facilities use statement of information which assures the Board that the Applicant upholds the state and federal constitutions and does not intend to use school facilities or grounds to commit unlawful acts.  The written "statement of information" shall be submitted as part of the Application and use agreement on the form provided by the District no less than 30 days and no more than six months in advance of the requested use. 

  4. Terms and Conditions. Applicants are required to read and agree to District’s terms and conditions set forth in E (2) 800.05, Board Policy 800.05, and this Administrative Regulation before submitting a completed Application.  A copy of the Board's policy and regulations governing use of school facilities, including the Terms and Conditions of Use, is made available to all persons or groups requesting use of District facilities or grounds via the District’s Board’s website, the District’s online Application page, and shall also be issued to Applicants upon request.  

  5. Applicants must submit a separate Application for each District facility or grounds the Applicant is requesting to use.  

  6. All Applications for use of District facilities shall be submitted via the District’s online Application system (available at www. bcsd.com/apps/facilities/.com (Facilities Use)), and shall be completed in accordance with District Board Policy 800.05 and this Regulation.  In the event the District’s online Application system is not available, all Applications for use of District facilities shall be submitted to the Fiscal Services Department at the District’s Education Center in person or by mail. 

  7. Applicants must contact the District’s Fiscal Services Department for confirmation of receipt of their request. Incomplete Applications will be returned to Applicant for completion.  Late Applications may be denied.  Applicant is solely responsible for the timeliness and completeness of its Application submitted to District.  

 

District Review and Approval of Applications

  1. Application Review:  Applications shall be reviewed for completeness by District’s Fiscal Services Department with assistance from District’s online facilities rental service provider.  District’s Fiscal Services Department shall contact Applicant with any questions regarding the Application or if any additional information is needed.  

  2. Additional Conditions: In accordance with Education Code sections 38131 and 38133, the District’s Board, Superintendent, Fiscal Services Department, or designee may, at the District’s discretion, include written conditions of approval as deemed necessary, including, without limitation, that District personnel attendants, additional custodial, or special technicians be provided by the District at the users' expense, and/or that the civic center user provides third-party on-site security and/or parking attendants at the users' expense, in order to maintain the health and safety of participants, neighbors and community members, to protect school facilities, grounds and equipment from damage or abuse, to ensure the regular conduct of schoolwork and District programs are not infringed upon or interfered with, and to preserve order in school facilities and on school grounds. This includes ensuring that parking is monitored and violations are prevented, that noise requirements are met, and that District property is not damaged or vandalized. Such additional conditions shall be included as part of the use permit.  If the Application is approved with additional conditions, District’s Fiscal Services Department shall notify Applicant of the conditions of approval.  The Application shall not be deemed approved without Applicant’s written consent to the conditions of approval. 

  3. Availability: If an approved requested use of a District facility or grounds exceeds availability, use shall be granted on a first-come, first-serve basis and in accordance with the District’s Priority of Use, and District shall have no obligation to make the facility or grounds available for all requested uses.  Use of District facilities and grounds is subject to availability. 

  4. Grounds for Non-Approval:   The District reserves the right to deny applications for use of facilities or grounds, if, in the sole discretion of the District: (i) the use would be inconsistent with the preservation of order in, and the protection of, school facilities and grounds; (ii) the use would infringe upon or interfere with school activities or other school-related uses, or the best interests of the District, its students, or the community; (3) for health, safety, or security purposes; (4) the requested facility is unavailable, either due to scheduled District, civic center, or contractual use, or for safety or security reasons; (5) the Application is incomplete; (6) the Applicant has failed to pay outstanding fees and/or comply with the terms and conditions of use for current or past civic center use of District facilities or grounds; (7) the requested use is inconsistent with or prohibited by Board policy or applicable law; or (8) the requested use is outside the scope of the Civic Center Act.  

 

Payment of Fees

Fees shall be charged in accordance with Board Policy 800.05. The actual amount charged will be pursuant to the District's Civic Center Use Schedule of Fees (“Fee Schedule”).  The District’s Fiscal Services Department with assistance from District’s online facilities rental service provider shall provide Applicant with an invoice for cost of use of the facilities or grounds set forth in the approved Application in accordance with District’s Fee Schedule prior to approving the application.  Applicant’s payment of fees is due immediately upon receipt of invoice, but no later than two (2) weeks prior to the requested use.  District reserves the right to cancel any Use Permit or deny future applications for use of facilities or grounds due to Applicant’s failure to pay fees when due. 

There will be no refunds for cancellations made by Applicant within ten (10) days of the scheduled use.  For cancellations that occur more than ten (10) days before the scheduled use, the District shall retain twenty-five percent (25%) of the fee paid. 

 

Prohibited Uses

The District shall not grant use of school facilities or grounds for any of the following activities:

  1. Any use of District property by a User, or participant of the User, for the commission of any crime or any act prohibited by law.

  2. Any use of school facilities or grounds which is inconsistent with the use of the facilities or grounds for school purposes, or which interferes with the regular conduct of school or school work, is prohibited.  No activity which may interfere with the educational program or activities of a school or the District will be approved or permitted.

  3. Any use that is specifically prohibited by the school District, including, without limitation, dogs or other animals (excluding service dogs or animals), skateboarding, possession or use of weapons, firearms (including, without limitation, pellet guns, BB guns, or sling shots), imitation firearms, dangerous instruments, and other weapons are prohibited on any District property, including school facilities, or that violates the Terms and Conditions for Use of District Facilities or Grounds [E(2) 800.05], the Use Permit, District’s Board Policies, Administrative Regulations, Exhibits thereto, or other applicable federal, state, or local law, rule, regulation, requirement, or ordinance.  Likewise, no materials or equipment including lighting scenery, decorations, combustible materials, animals or other items of any unusual nature may be brought into a school building or onto school grounds without prior District approval.

  4. Any use which would, as determined solely by District, unduly disrupt the residents in the surrounding neighborhood, or any use that includes disorderly conduct, including fighting, quarreling, loud, threatening, abusive, insulting or indecent language or noise which may be offensive to other activities or the neighborhood, including amplified music or noise, or any music that has offensive language.

  5. Any use which would, as determined solely by District, injure or damage the school facilities, grounds, equipment, or other school or District property, including any use that may cause any hazardous material to be generated, brought onto, used, stored, or disposed of in or about the District facilities or property, which is defined as hazardous under state or federal law. (42 U.S.C. §6901, et seq.; 42 U.S.C. §9601, et seq.; 22 CCR §66261.30, et seq.) Any event that does not provide for adequate supervision to ensure the safety of participants/visitors and protects the District facilities being used is prohibited.

  6. Any use which is discriminatory against any group, class, or individual protected under state or federal anti-discrimination laws is prohibited.

  7. Any use which involves the possession, service, consumption, or sale of alcoholic beverages or any restricted substances, including, without limitation, tobacco or nicotine products, vaporized or electronic-cigarettes or cigars or liquids, atomizers, hookah pens, personal vaporizers, narcotics, marijuana, illegal drugs, intoxicants, and related paraphernalia on school property, or which would otherwise violate the District-wide policy prohibiting the use of tobacco or drug or alcohol products at all times at all District facilities and property.

  8. Any use of buildings, grounds, equipment or time of day not specifically authorized in the approved Application.  In no event shall the start time commence prior to 6:30 p.m. on days that school is in session, or prior to 8:00 a.m. on days that school is not in session, and on all days, in no event shall the end time be later than 8:00 p.m., unless special written permission from the District Superintendent or his/her designee is secured in advance.  

  9. The use of food and beverages is prohibited in classrooms (including special classrooms), gymnasiums, auditoriums, multi-purpose rooms, and restrooms. Any use of food and beverages is restricted to areas specifically authorized.

  10. Unauthorized advertisement or solicitation is prohibited unless written approval is provided by the District in advance.  Authorized advertising must comply with BP 300.18 – Advertising and Promotion. 

  11. Any event that violates the city or county noise ordinance(s), fire codes, or other applicable law or regulation.

  12. Any use of school facilities or grounds which, in the District’s sole determination, would jeopardize the safety of the children of the school.

  13. Any use that may cause an increase in the existing rate of insurance or cause the cancellation of any insurance policy covering District facilities or property. 

  14. Any use of school facilities or grounds, including parking lots, for car washes.  

  15. The installation of personal locks or lock boxes on school facilities or grounds by civic center Users is strictly prohibited.  Users shall not be provided copies of keys, codes, or other means of access to school facilities and grounds.

  16. Use of vehicles on school fields, tracks, and any other areas not intended for non-District vehicles is prohibited.

 

While the District encourages community use of District facilities and grounds, the Board or the Superintendent may, in their sole discretion, exclude certain facilities from non-school use for safety and security reasons.  Facilities excluded from civic center use include, without limitation:

  1. Any use of school or District offices, faculty lounges or dining rooms, computer rooms, or other facilities which may contain records or confidential information.

  2. Any use of classrooms or other facilities which may contain hazardous chemicals or equipment that cannot be used safely without special knowledge or skills, including, without limitation, science labs or ceramics classrooms.

  3. Any use of school band rooms, libraries, computer classrooms, or other facilities which may contain expensive, fragile, sensitive, or other property or equipment that, in the District’s discretion, must be excluded from civic center use for safety or security reasons.

  4. Any use of the District’s Education Center facilities or grounds. 

  5. Any use of the District’s cafeteria kitchens. 

  6. Any other facilities or grounds that the Board or Superintendent determines to exclude for safety or security reasons.

  7. Use of school buses for non-school use is prohibited. 

The Superintendent or designee shall determine when the Application is inconsistent with the proper or legal use of school facilities, grounds, or equipment.

(cf. BP 300.04 – Tobacco-Free Schools)

(cf. BP 300.18 – Advertising and Promotion)

 

Expiration, Revocation & Termination

  1. All Use Permits expire on the date set forth in the approved Application, or on June 30th of the current fiscal year, whichever is first. No permit shall be granted extending beyond the current school year. 

  2. Violations of any of the conditions noted above or in the Districts Terms and Conditions E(2) 800.05  shall be sufficient grounds for immediate revocation for use of school facilities, grounds, and/or equipment. In the event of such revocation, all persons so affected shall immediately vacate the school facility. In addition, violations of any of the above conditions may include fee/fines and the suspension or denial of future use of the school facilities, grounds, and/or equipment.  

  3. Unauthorized use of school facilities, grounds, or equipment, as well as any violation of the Terms and Conditions, Use Permit, District’s Board Policies, Administrative Regulations, Exhibits thereto, or other applicable federal, state, or local law, rule, regulation, requirement, or ordinance by any User, or participant of the User, during use shall likewise be sufficient cause for cancelation and termination of the Use Permit and denial of future use of school facilities, grounds, or equipment by the User or participant of the User.

  4. The District reserves the right to revoke, cancel, or terminate a Use Permit at any time upon notice to the User. 

 

Damage to School Property and Liability

  1. Civic center Users of school facilities, grounds or equipment shall be liable for any damages to property caused by the activity of the User or its participants. The District shall charge User the amount necessary to repair any damages, and may cancel and terminate the use on such grounds and/or deny the User further use of school facilities, grounds, and/or equipment. 

  2. Users of school facilities, grounds, or equipment shall be liable for any injuries resulting from its negligence during such use. The User shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. 

  3. Users of school facilities, grounds and/or equipment must, at their sole cost and expense, furnish and maintain at all times during the duration of use insurance coverage as described herein and in Exhibit (2) 800.05 [Terms and Conditions for Use of District Facilities and Grounds].  The District requires Applicants to provide the District with proof of Bodily Injury and Property Damage Liability Coverage or financial responsibility in the amount of $2 million combined single limit, naming Bakersfield City School District and its Board as an additional insured, and providing indemnification against damages and defense expense.  The Board may at any time require more than such minimum coverage.   Applicants must provide a separate endorsement: naming District and its Board as additional insureds; stating User’s coverage is primary to any insurance or self-insurance maintained by District; and stating there shall be a waiver of any subrogation. The policy must provide that in event of cancellation, alternation, or reduction of coverage, a minimum of thirty (30) days prior written notification will be provided to the District by mail with no restrictions. The standard cancellation clause which states that "failure to mail such notice shall impose no obligation or liability" is not acceptable.  User’s liability for injuries or property damage is not limited to User’s insurance policy limits.

  4. As permitted by law, the Superintendent or designee shall require a hold harmless agreement and indemnification from User to be signed as part of the Application and use agreement form.

  5. In the event of any accident, injury, or damage to property, such accident, injury, or damage to property shall be reported immediately to District staff, and an "Incident/Accident Report" shall be completed by the authorized user group within 24 hours and submitted to the BCSD Fiscal Services Department.
     

(cf. BP 900.01 – Equipment)

 

Expending Funds Collected as Capital Direct Costs

Any funds collected as capital direct costs shall be deposited into a special fund to be used only for capital maintenance, repair, restoration, and refurbishment of school facilities and grounds.  (California Code of Regulations, Title 5, Section 14042)

Approved: December 17, 1974

Revision Approved: April 23, 1991

Revision Approved: December 18, 2001

Revision Approved: June 26, 2012

Administratively Approved: September 23, 2014

Revision Adopted: ________, 2022