Muwekma Ohlone Middle School
Terms of Use

San Jose Unified School District Rules and Regulations for Use of District Facilities

1. APPLICATION AND ISSUANCE OF A PERMIT

  1. An application for permit to use school facilities should be submitted to the school being requested at least three weeks prior to date requested.
  2. Hours requested should begin with your arrival time and end with your departure time.
  3. The Site Administrator’s signature on the application indicates that the requested space is available.
  4. Permits are issued only by the district. An authorized copy of the permit will be sent to the requester upon final approval.
  5. All provisions of the GENERAL CONDITIONS listed below, the CIVIC CENTER ACT, (Education Code Section 38130), as well as San José Unified School District Policies and Regulations apply to all permits.
  6. In accordance with Education Code Sections 38135-38136, FACILITY USER acknowledges that the school property for use of which application is hereby made will not be used for the commission of any act intended to further any program or movement, the purpose of which is to accomplish the overthrow of the government of the United States by force, violence or other unlawful means, and the FACILITY USER is not a communist-action organization or communist front organization required by law to be registered with the Attorney General of the United States. this statement is made under the penalties of perjury.
  7. Cancellations must be made five (5) business days or more in advance of the cancelled date in order to receive a refund. Refunds may exclude credit card processing fees as appropriate/required. Cancellations made less than five (5) business days in advance will forfeit all charges and fees and may result in penalties including disqualification for future site use permits. Such charges and penalties will be assessed at the District's sole discretion. After 5:00 p.m. on weekdays and on Saturdays, Sundays and holidays the emergency telephone number is (408) 278-6923.
  8. No permit shall be issued for a period longer than a fiscal year which is July 1–June 30. A new application may be filled out each year.
  9. Use of facilities is not usually granted beyond 11:00 p.m.

2. GENERAL CONDITIONS

  1. Definitions
    1. Facilities - Includes buildings, grounds and equipment
    2. Property - Includes equipment, apparatus, furniture and supplies
    3. Charges - Fees due for facilities, services, or property use
    4. Schedule of Fees - A list of charges adopted by the Board of Education
    5. District – San Jose Unified School District
  2. Permits for the use of school facilities shall be issued on behalf of the Board of Education and shall be consistent with Education Code Sections 38130 – 38138.
  3. A district employee is required to be on site during use of all district buildings.
  4. An approved use permit is REQUIRED for every use of any district facility after that facility’s normal hours, or for activities other than the facility’s primary purpose.
  5. The use of facilities shall be consistent with the use of the buildings or grounds for school purposes and must not interfere with the regular conduct of school work. School functions in any school building or any school property shall receive first priority over use by any other group or organization, whether day, afternoon, or evening session. Permits issued to any group may be revoked if it becomes unavoidably necessary for a school to use the space at the same time. If and when such action is necessary every care shall be exercised by the responsible staff member(s) involved to give the permit holder as much advance notice as is possible.
  6. Groups which use the facilities must comply with rules and regulations adopted by the Governing Board. Groups that discriminate on the grounds of race, religion, creed, national origin, ancestry or sex may be denied permission to use school facilities.
  7. Permits may be issued to approved groups only and shall not be granted for personal or individual use of school property.
  8. Use of school facilities for religious or sectarian purposes shall be permitted on a temporary basis per Education Code 38138 (3).
  9. The use of profane language, tobacco, drugs, intoxicating liquor, quarreling or fighting, betting or any form of gambling and the conducting of raffles or lotteries are expressly prohibited on school property.
  10. SMOKING IS NOT PERMITTED ANYWHERE ON SCHOOL DISTRICT PROPERTY.
  11. Permits for use of school facilities for meetings at which there will be a discussion of social, economic or political problems shall be granted only on condition that such meetings shall be open to all who desire to attend.
  12. Any group granted the use of any school facilities shall use them only for such purposes as are specified in the permit for use and shall limit the use to the facility; i.e. the specific classroom, multipurpose room or other area.
  13. School property must be protected by the user from damage or mistreatment. Each group using such property must be responsible for the condition in which it leaves the facility. Damage to school property and/or equipment shall be paid for by the organization that has use of the facility. Use permit holders are expected to leave the facility in the condition in which it was found.
  14. No school furniture, apparatus or equipment of any kind, including classroom blackboard preparation for the next school day, may be removed or displaced by any organization without permission. Decorations must be removed by the group or organization in time for normal school use the following day.
  15. Groups are permitted to use the school grounds in the evenings, weekends and holidays according to administrative regulations, provided a use permit for fields is properly issued and that the groups give way to any activity scheduled for school purposes. It is the intention of the Governing Board that pedestrian access to playgrounds be left open for use by children and parents during the school year on Saturdays and Sundays, holidays, vacation periods and after-school hours in the evenings until dark. The only exceptions to this policy are:
    1. Priority is given to any group having a field use permit.
    2. Priority is given to any school activities conducted under the Recreation Program or Summer Session.
    3. No horses or self-propelled vehicles, go-carts, motor scooters, motorcycles, automobiles or any other vehicular traffic will be permitted on the school grounds without the authorization of the Superintendent or designee.
    4. There shall be no use of equipment of any type, which would present a hazard to other users of the property. Forbidden are golf balls, shot puts, archery, javelins or gasoline-powered model airplanes.
    5. Requests to use public address sound systems or amplified music will require prior approval by the Governing Board.
    6. Stadium lights are NOT available for public use.
    7. Permit holders are not authorized to alter any of the facilities nor erect, construct or bring onto district property any unauthorized vehicle, temporary building or structure.
    8. The California Vehicle Code is enforced on district property. Vehicles are not permitted on district property except in designated areas such as driveways and parking lots. Holders of filed permits may bring one (1) vehicle onto the field for purposes of delivering supplies or equipment when children are not present. That vehicle may not park on the field and must be removed immediately after making delivery.
    9. All individuals, groups and organizations using school facilities must agree to abide by the regulations embodied herein.
    10. Permits will be revoked whenever there has been a violation of these regulations.

3. Rules of Usage of Fields In Part of Application and Permit to Use School Facilities

  1. SJUSD programs have priority use of all fields

  2. The three strikes and you’re out rule is in place.* (but this can happen with one strike in some cases)

  3. Portable lights are prohibited from use on all district fields. For amplified sound, see below.**

  4. You must receive permission from the principal to bring a portable toilet on site. Ask him/her where it should be placed. It must be secured to an immovable object, cleaned regularly and be removed immediately following the last game of the season. If vandalized, it must be dealt with and the correction made that day or by the following day if reported to you after 12 noon.

  5. Teams must adhere to scheduled days and hours of use. Absolutely no league personnel can be on a school field while school is in session. If your permit is for 9-5 p.m. you should arrive at 9 a.m., no earlier. This permits ends on date stated on attached application. You may not use the fields after that date. (See rule #2)

  6. Practices or games must be cancelled if rainfall occurs within 24 hours of a scheduled practice or game.

  7. If asked, your coaches must be able to show a copy of their permit any time they are on our fields. Without it, they will be told to leave the fields immediately.

  8. Fields must be walked for trash pickup each time you finish using the field and then taken with you, not placed in the school garbage can or dumpster.

  9. Vehicles must be parked in approved parking areas or adjacent streets. Vehicles will be subject to ticketing or tow away if they block driveways, park in red zones or in business parking lots, on the blacktop or on the fields. This can also lead to your permit being pulled.

  10. If unauthorized players will not leave a field or you see vandalism occuring on the fields, call our District Central station Office at 408-278-6923.

  11. Weekend use can begin no earlier than 9AM if the fields are near neighboring houses.

  12. Leagues using fields following THINK Together may not be on the field until 6 p.m. Make sure parents understand this so they do not let their kids on the field to wait for practice/games to begin or to kick or toss a ball around. It is unsafe for them to do so while THINK Together is using the field.

  13. Good sportsmanship is expected at all times, especially between leagues sharing a field.

‚Äč* Your league can incur only 3 strikes during a season and then your permit will be pulled for that field. Strikes are incurred when these SJUSD Rules of Use or the Field COnditions of Use rules are violated

**Use of amplified sound is not permitted at any time, on any SJUSD field, unless prior Board approval has been received. Call Operations at 408-535-6166 at least one month in advance.

4. USE OF SCHOOL KITCHENS AND KITCHEN EQUIPMENT

  1. A kitchen request form must be filled out and given to the Culinary Center at least 2 weeks prior to date of use. This form can be found on the district website under Food Services. Please contact them directly at 535-6021 with any questions you may have about renting a school kitchen, the fees, the insurance requirements, the cafeteria employee who will be assigned to assist you and the equipment that can and cannot be used. Catering services are also available.

5. INSURANCE REQUIREMENTS

 

  1. The Certificate of Liability must list the "Certificate Holder" exactly as: "San Jose Unified School District 855 Lenzen Ave San Jose CA 95126". There must be a minimum limit per occurrence of $1,000,000 and a $2,000,000 general aggregate and that "San Jose Unified School District 855 Lenzen Ave San Jose CA 95126" is also listed as an "Additional Insured". The additional insured endorsement must be noted on a separate form which accompanies each insurance (Acord) certificate. All facility users must have on file a current commercial general liability “Certificate of Insurance” and it must be received prior to the use of requested facility.

Terms and Conditions for the

Use of San José Unified School District Facilities

(Addendum to Facility Use Permit)

The Governing Board of the San José Unified School District (“District” or “School”) has adopted a policy whereby its facilities and grounds may be used as a Civic Center in accordance with the provisions of Education Code sections 38130 et seq. The use of school facilities shall conform with the purposes, restrictions and regulations as set forth in the California Education Code.

  1. GENERAL REQUIREMENTS: All individuals, groups or organizations (“Permittee(s)”) in their use or occupancy of the District’s facilities and grounds (collectively “Facilities”) shall comply with all applicable laws, rules and regulations. Any use contrary to or in violation of any law, rule or regulation shall be grounds for cancellation of the permit and removing the users from the Facilities and shall bar such individual, group or organization from further use thereof. No permit for the use of Facilities shall be granted to any individuals for any purpose which would discriminate against persons because of their race, color or creed. A permit for use of any Facilities is non-transferable.
  2. HEALTH & SAFETY.  Permittee’s use of the Facilities must comply with the policies, protocols and practices established by the District, the Health Officer of the County of Santa Clara and the state of California related to required physical distancing, health monitoring, hygiene, face coverings and communication matters (“Health & Safety Policies”) in effect as of the date of Permittee’s use of the Facilities. Permittee must review and implement the Health & Safety Policies at all times in its use of the Facilities. Any violation of the Health & Safety Policies shall be considered a material breach of this permit and shall be cause for the immediate termination of same. Should Permittee or any person any person that has use of the Facilities pursuant to Permittee’s rights hereunder test positive for COVID-19, Permittee shall immediately notify the District.
  3. RELEASE.  Permittee acknowledges that it is voluntarily and freely deciding to use the Facilities and that its use of the Facilities includes the possible exposure to and illness from infectious disease including, but not limited to, MSRA, influenza and COVID19 (collectively “Infectious Disease”). Permittee further acknowledges the dangers involved and with full knowledge of these dangers, voluntarily agrees to assume all risks of bodily injury, death, or property damage, whether those risks are known or unknown. Permittee hereby releases the District, its agents, representatives, officers, consultants, employees, trustees, and volunteers (the “indemnified parties”)  from any and all liabilities, causes of action, lawsuits, claims, demands, or damages of any kind whatsoever that Permittee, its staff, participants, relatives, children, spouse, partner, household members, family members, employees, guests, invitees, volunteers, agents,  consultants and any other person tracing exposure or illness to Permittee, now have, or may have in the future, for injury, trauma, illness, loss, unwanted contact, harassment, disability, death or property damages related to being exposed to or contracting an Infectious Disease while using the Facilities for the purposes allowed by this permit.
  4. FACILITY CAPACITY- EXITS.  Admission to all meetings held in the Facilities shall be limited to the seating capacity of the room, auditorium or cafeteria authorized for such use. Tickets may be sold and/or issued for authorized seating capacity only. All exits must remain unobstructed and no fire alarm devices may be covered, made inaccessible or otherwise disabled.
  5. NO GRATUITIES.  No gratuities shall be given to or accepted by custodians, administrators, or other School personnel. All cost for services of custodians, cafeteria help, stage crews, etc., are accounted for in the use permit fees.
  6. FACILITY LIMITATION: Permittee’s use is confined to the area(s) named in the approved use permit. Additional spaces such as corridor and restroom facilities are only available if so designated in the use permit.
  7. PROHIBITED ACTIVITIES: The use of Facilities for the following activities are hereby prohibited: (a) Any use by any individual, society, group, or organization for the commission of any act intended to further any program or movement whose purpose is the overthrow of the government of the United States or of the state by force, violence or other unlawful means. (Ed. Code, § 38135); (b) Advertising on school grounds or in a school building; (c) The operation of any motor driven vehicle on school premises for purposes other than parking or as reasonably necessary for activities identified in the approved use permit based on the sole discretion of the District. This includes small powered carts, minibikes, and motorbikes; (d) Gas powered model airplanes, powered rockets, drones, unmanned aerial vehicles and unmanned aircraft systems; (e) Hitting golf balls on school premises; (f) Hardball baseball may be authorized only on those school grounds where regulation baseball diamonds are provided; (g) Horseback riding on school premises; (h) Overnight usage of any District facility for any purpose unless explicitly approved in writing by the District; (i) Games of chance (except as permitted by board policy or special board action); (j) Private parties e.g., family reunions, birthday parties, wedding receptions; and (k) Permittee may not use vapor or smoke machines on School property.
  8. RULES OF CONDUCT: No person, organization, group or activity granted a permit for use of school facilities or grounds shall engage in the following: (a) Smoking or vaping in school buildings, grounds and/or parking lots; (b) Unless specifically authorized by Permittee’s permit, consumption of alcoholic beverages; (c) Use of narcotics or drugs unless the use is pursuant to a prescription of a duly licensed medical physician; (d) Fighting, quarreling, abusive language, or noise of any kind which may be offensive to other activities or the neighborhood; (e) Loud noise or music that extends beyond any applicable noise control ordinance; (f) Bringing live animals, other than guide dogs, into classrooms or other interior spaces; (g) Taping, stapling, gluing or nailing materials to any surface unless designated for such purpose. Violations of any of the conditions within this paragraph shall be grounds for immediate revocation of the permit for use of Facilities. In the event of such revocation, all persons so affected shall immediately vacate the Facilities and Permittee will forfeit any fees paid.
  9. INDEMNIFICATION: Neither the District nor its staff shall be responsible for any items left in the Facilities or the school premises on which the Facilities are located.  Nor shall the District or its staff assume any responsibility for liability in connection with any services provided by the District or its staff for use of District’s Facilities. To the fullest extent permitted by California law, Permittee shall defend, indemnify, and hold harmless District, its agents, representatives, officers, consultants, employees, trustees, and volunteers (the “indemnified parties”) from any and all losses, liabilities, claims, suits, and actions of any kind, nature, and description, including, but not limited to, attorneys’ fees and costs, directly or indirectly arising out of, on account of, connected with, or resulting from, the operation, condition, use or occupancy of the Facilities, all improvements thereon, and all areas appurtenant thereto; and in case any action or proceeding be brought against District, Permittee shall defend the same at Permittee’s sole expense.  This permit is made on the express condition that District shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause in any way connected with the condition, use or occupancy of the Facilities specifically including, without limitation, any liability for injury to the person or property of Permittee, its agents, officers, employees, licensees and invitees.  Permittee shall keep the Facilities clear of all liens, encumbrances and/or clouds on District’s title to any portion of the Facilities.
  10. SUPERVISION: When the building or grounds are used by youth groups, the sponsoring organization must furnish an adult (21 years of age or older) to be in charge at each event.
  11. CONDITIONAL USE PERMIT.  Permittee shall be responsible for obtaining and complying with any conditional use permit that may be required for Permittee’s use of the Facilities. Permittee shall be responsible for complying with any applicable local agency’s requirements for traffic management, parking and any health and safety requirements applicable to Permittee’s use of the Facilities.
  12. PROTECTION OF SCHOOL PROPERTY: The District’s furniture, supplies or personal property (“Personal Property”) shall not be removed or displaced by Permittee without permission and without supervision of the District employee in charge. Personal Property shall be protected from any damage or mistreatment and Permittee shall be responsible for the condition in which they leave Facilities. Misusing the Facilities or Personal Property will result in Permittee’s use permit being revoked. Any breakage, damage, or loss of Personal Property shall be paid for by Permittee. Costs shall be established by the District and an invoice will be submitted to Permittee. Failure to promptly remit payment to the District for any such damage will be grounds for refusal of future use of Facilities and may result in legal proceedings.
  13. SECURITY AND SAFETY:  In addition to any requirement by an agency having jurisdiction over Permittee’s use of the Facilities, at the District’s reasonable sole discretion Permittee may be required to provide additional health, safety and security measures including but not limited to security guards, traffic controls etc.