Fremont Elementary School
Terms of Use

POLICY: 
California law permits the governing board of a school district to grant the use of school buildings or grounds for public 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 38133. 
Civic Center activities will be scheduled during non-school hours. All facility use outside the normal school day must have approved permits; these include all District or school-sponsored activities conducted after regular school hours. 
Under review by the Superintendent or designee, a co-sponsorship can be approved for the use of school facilities without charge by nonprofit organizations, governmental organizations, or club associations organized to promote youth and school activities. 
Other groups requesting the use of school facilities under the Civic Center Act shall be charged at least District direct costs. 
All school-related activities (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 on a first-come, first-served basis which is defined as first group submitting request in the Civic Center program which tracks the date and time permit was submitted, or by lottery, where required. 
The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133) 
1. Encourage and assist groups desiring to use school facilities for approved activities. 

2. Preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary. 

3. Ensure that the use of school facilities or grounds is not inconsistent with their use for school purposes and does not interfere with the regular conduct of schoolwork. 
4. PROCEDURES AND GENERAL INFORMATION:
I. Three categories of use of facilities exist: 
A. Group A – School, school-district affiliates, non-profit groups specifically servicing SAUSD students, and non-profit youth-serving groups - Shall apply to those organizations that qualify under the Civic Center Act, and which are organized for general academic, character building and welfare purposes. 
Qualified school groups such as: CSEA, SAEA, SAPOA, PTA, Boosters, and CIF-sanctioned athletics, and state or nationally elected officials are exempt from any use fees unless otherwise noted. 
A Non-Profit organization shall provide documents verifying non-profit status 501(c)(3) with the federal and state government. 
 
1. School (internal) Facilities Use: 
(a)  School permits are to be submitted in the Civic Center reservation program by each site 
within 5 working days of requested event, unless waived by the Superintendent or 
designee. 

(b)  To better serve our school event needs, it is recommended that all school site calendared 
events be submitted in the Civic Center reservation program bi-annually, or as soon as 
possible. The recommended dates are May and December. 

(c)  All outside groups that are approved partners of our District must submit certificate of 
insurance prior to the scheduled event. 

B. Group B Non-Profit Groups – Shall apply to a non-profit, Community-based Organization who hold a 501 (3)(c) tax exempt certification (who is charging, or not charging admission) for the purpose of: conducting public, literary, scientific, recreational, educational, or public agency meetings; the discussion of matters of general or civic interest; the conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization that has no suitable meeting place to conduct their services; childcare or daycare programs to provide supervision and structured activities for children of preschool and elementary school age; the administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies; supervised recreational activities including, but not limited to, sports league activities for youths or adults that are arranged for, and supervised by professional entities, (including faith-based organizations in which all persons may participate regardless of religious belief or denomination); a community youth center; a ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization; or other purposes deemed appropriate by the Governing Board.
A “Community-based” Organization” is a group open to participation by all members of the community and in which at least seventy-five percent (75%) of the participants reside within the boundaries of the Santa Ana Unified School District. 
C. Group C – Fee-based or Commercial - Applies to non-youth serving organizations and individuals where any fees are charged, or contributions are solicited, or do not qualify under the Group B requirements. 
II. Priority of Usage Reservations
A. Priorities for Civic Center use shall be in the following order: 
1. Group A - School activities 
2. Group A - School-district affiliates, non-profit groups specifically servicing SAUSD 
students, and non-profit youth-serving groups 
3. Group B – Non-profit groups 
4. Group C – Fee-based or Commercial Groups 

B. For facilities which are in high demand (such as synthetic fields), and in the event of multiple requests submitted for the same facility during the same dates and times, the District will use a lottery system every six (6) months to ensure fair and equitable rotation and use of the Facilities. 

C. Applications must be submitted 30 days prior to the beginning date of use. Applications submitted less than 30 days before an event will be reviewed at the District’s discretion, and be charged a $30 expedited service charge. 

D. For permit reservations that are 30 to 90 days from the first date of the event, requests are subject to a five (5) working day hold to allow schools time to confirm site availability. Civic Center will then review and approve/decline the request within five (5) working days of the school site pre-approval/decline. If the site staff does not respond within the required five (5) working days, the lack of response will be considered tacit approval and the event will be scheduled. For permit events scheduled over 90 days from the first scheduled event date, designated school site staff will be provided a 30 work day approval review for permit requests. Civic Center will then review and approve/decline the request within 30 working days of the school site pre-approval/decline. If the designated staff has not responded to Civic Center in that period, tacit approval will be applied and the event scheduled. 
E. A user re-scheduling or modifying a pre-approved event will be accommodated, if possible, at the District’s discretion. 

F. All cancelations of a permit or single event date (in a multi-event permit) must be submitted through the Civic Center website (www.facilitron.com) within 15 days prior to the scheduled event or permit. If a cancelation is made with less than 15 days of the event, 100 percent of the use fee will be forfeited. Cancelations due to "City of Santa Ana Mud Line" (714) 571- 4201) field closures, or District use closures will not incur a fee. Cancellations due to rain do not apply to synthetic turf fields. 

G. All events must be paid in full 21 days prior to the first use. Failure to make full (or partial payment of the permit where applicable) will result in a cancellation of the entire permit. 

H. A $25 non-refundable application fee is required for all facility permits and due five (5) calendar days from the date of district approval of permit. 

I. Registrar of Voters may request dates two years in advance for General, Primary, and Special Elections. 

J. Hours of Field Use: No field can be set up or utilized prior to 8:00 a.m. All field use must end by dusk (with the exception of lighted fields). No facility shall be used past 10:00 p.m. 

K. Due to end-of–school-year activities, such as graduations, promotions, or other school programs, outside organizations cannot submit any Civic Center requests from May 16th through May 31st. This closure of Civic Center processing allows time for Civic Center staff to process school program requests for the following academic year. 

L. Exceptions to these regulations may be made by the Superintendent or designee. 

III. Good Neighbor Policy Guidelines 
The Santa Ana Unified School District Governing Board recognizes the need for the schools to establish a “Good Neighbor” policy consistent with the specific neighborhood in which the school is located. (The Governing Board seeks your assistance in preserving the quality of the schools and neighborhoods in which facilities are being utilized. Our “Good Neighbor” policy is designed to preserve the quality of life for residents surrounding the facilities, and protect the school facilities used by the students in the community. 
A. The following are Civic Center use of facilities requirements: 
Violation of these requirements will result in immediate suspension from using District facilities. 
1. Groups are not permitted to enter the facilities before requested start time, and may not remain in the facilities past their scheduled end time. 

2. A valid Civic Center permit is required for use of all District facilities, and must be available for review by SAUSD staff at all times. 

3. Payments must be made online with a credit card, or by other District pre-approved payment method. 

4. Parking is restricted to designated parking areas only, an on-site school parking is required, when available. 

5. Alcohol, illegal drugs, tobacco products, animals, open flames, candles, firearms, fireworks, and open-flame cooking are not permitted on District property at any time. School activity barbecues will be considered on a case-by-case basis with written permission from Director of Building Services. 

6. Facility users shall ensure that their guests do not engage in: profane language, fighting, or other disorderly or inappropriate conduct. 

7. Food trucks are required to obtain a separate, individual Civic Center permit and provide all required certificates of insurance and Health Permits. 

8. Facility users are responsible for placing trash in the trash receptacles. Any clean-up of excessive trash left behind will be billed to the registered group. 

9. The facility must be left in the condition it was found. Any repairs required due to damage caused during facility use will be billed to the registered group, and may even be suspended from future use of facilities. 

10. A group using an auditorium or stage may not disturb, move or change any of the existing equipment except with the permission, and under the supervision of the stage manager or plant manager of the facility. 

11. Groups may mark grass fields with chalk or sport marking paint - no burning of lines with pesticides is allowed. 

12. Playing on wet “natural turf” fields is not permitted. Groups shall call the City of Santa Ana Mud Line prior to use during rainy weather. If the Mud Line shows the City fields closed, then SAUSD fields are also closed. The Mud Line phone number is (714) 571-4201. 

13. Notify Building Services immediately of any hazardous conditions found on the fields by calling (714) 796-9079. 

14. No structures may be erected or assembled on District facilities. No storage of equipment is permitted. 
15. Groups using synthetic fields must follow all synthetic field rules and regulations that are posted at the field and on the user’s permit. Failure to comply with these rules and regulations shall result in immediate suspension from use of synthetic fields. 

16. When submitting an application for competitions, all groups competing must be identified on the permit, provide insurance, and be approved by the District prior to use of the field. Noncompliance will be considered subletting of the fields and will result in permits being revoked for all groups. 

17. Team credentials must match the group name on the Civic Center permit issued. Credentials and permit must be on-site at all times during use. 

18. Field user groups having more than one affiliated group are treated as separate groups. Fields cannot be shared between the affiliated groups. 

19. Equipment failure will not result in an automatic refund, however, is reviewable on a case by case basis. 

B.  Rules of Use of Synthetic Fields 
1. No animals (except to assist persons of disabilities) 
2. Soccer goals must have turf wheels attached
3. No motor vehicles allowed
4. No chairs, tables or canopies 
5. No Food or Drink, except Water
6. No sunflower seeds or gum allowed
7. No tobacco products allowed
8. No golfing, shot putting, javelin, or discus throwing
9. No metal cleats may be worn on the field – only formed rubber cleats allowed
10. No painting, chalking, or other adhesive materials are to be placed
11. No stakes, spikes, or other pointed materials may be used for anchoring anything on the field or track surfaces
12. Fields may be closed at anytime
13. Failure to comply with these rules will result in immediate cancellation of reservations. 
C. The Board and/or its agents reserve the right to suspend or prohibit any use of facilities regardless of prior approval.
D. Under all circumstances, it is the District’s intent that the schools take into effect the specific physical impact of student and non-student activities in relationship to the community neighborhood. It is the District’s intent that the students of Santa Ana Unified School District benefit and participate fully in all activities that serve and achieve to, “Prepare All Students for Success in College and Career”. 
IV. Restrictions
A. School facilities shall not be used for any of the following activities: 
1. Any use by an individual or group for the commission of any crime or any act prohibited by law. 

2. Any use of school facilities or grounds, which interferes with the regular conduct of school or schoolwork. 

3. Any use of school facilities shall comply with all state and local fire, health and safety laws. 

4. Use of facility permits shall be issued for appropriate use of District property, e.g., baseball 
fields will be authorized for baseball only. 

5. Any use or activity, which discriminates against any person on the basis of disability, gender, 
gender identity, gender expression, nationality, race, ethnicity, religion or sexual orientation. 

6. Any use, which involves the possession, consumption or sale of alcoholic beverages or any 
restricted or intoxicating substances, including tobacco use, on school property. 

B. The District reserves the right to exclude certain school facilities from non-school use for safety or security reasons. 

C. PTA Garage Sales/Rummage sales may not be set up prior to 6:00 a.m. and clean up/break down is to begin by 5:00 p.m. and be completed by dusk. 

D. The District reserves the right to close facilities for maintenance, reseeding, and/or rehabilitation at any time. Permits issued during necessary maintenance will be cancelled; Civic Center is not required to provide alternate facilities. 

V. Facility Use Infractions: 
Groups and organizations found to be in violation of District guidelines will be immediately suspended from using District facilities and any future permitted dates will be revoked. 
A. Subletting of any District facility will not be permitted and the associated District use permit will be revoked upon confirmation of subletting. 

B. Any violation of the rules or regulations included in the District’s “Guidelines for Use of Facilities,” as attached, will result in the permit being revoked. 

C. Suspension: 

1. Infractions for profane language, fighting or other disorderly conduct by the same group or individuals: 
(a)  1st Infraction – 6-week suspension, 90-day probation, and assessment per lost District staff time. 

(b)  2nd Infraction – 12-week suspension, 180-day probation, and assessment for lost District staff time. 

(c)  3rd and all subsequent Infractions – 6-month suspension from using any facilities, and $250 assessment for lost District staff time. 

(d)  Notification of an infraction during probation will result in a $500 assessment and suspension from use of all District facilities for 1 year. 

2. Infractions for using wet or closed fields: 
(a)  1st Infraction – Payment of field damage cost including but not limited to vandalism and graffiti, all lost District revenue and reinstatement under 90-day probation period. 

(b)  2nd Infraction – Payment of field damage cost including but not limited to vandalism and graffiti, all lost District revenue, a $150 assessment and 180-day probation. 

(c)  3rd Infraction – Payment of field damage cost including but not limited to vandalism and graffiti, all lost District revenue, $250 assessment, and suspension from use of all District facilities for 1 year. 

(d)  Notification of an infraction during probation will result in a $500 assessment and suspension from use of facilities for 1 year. 

VI. Damage and Liability 
A. Groups, organizations or persons using school facilities shall be liable for any property damages caused by the activity. The Board may charge the amount necessary to repair the damages and may deny the group further use of school facilities. 

B. Any group using school facilities shall be liable for any injuries resulting from its negligence during the use of district facilities or grounds. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. (Education Code 38134) 

C. Scheduling and accessibility will be monitored to assure that the facilities are adequately maintained and supervised. The District reserves the right to limit or deny use. 

D. All applicants will be required to agree to the District’s Hold Harmless Agreement through the reservation system. 

VII. Indemnity Bond 
A. In special circumstances, the Superintendent or designee may authorize the collection of an indemnity bond as assurance against loss or damage. 
VIII. Insurance
  A. All non-school related applications are subject to Certificate of Liability Insurance with a separate additional insured endorsement page attached. 
  B. Certificate of Liability Insurance requires coverage not less than $1,000,000.00 General Liability. The District, at its discretion, may require a higher level of insurance on some activities. 

  C. A separate additional insured endorsement page must be attached to the Certificate of Insurance naming Santa Ana Unified School District, it’s officers, agents, employees, and volunteers as additionally insured. 

  D. All outside vendors must provide Certificate of Liability Insurance with separate additional insured endorsement page per requirements mentioned above. 

IX. Approved Rental Value 
All use fees shall be paid for entire period requested and at least 10 working days prior to the beginning date of use. 
A. All staffing required for an event, i.e., security, supervision, custodial, etc., is at the discretion of District staff. Generally, rules for assigning staff for events shall be: 
1. 1 staff person per 500. 
2. Certain events may require additional staffing, as determined by the Director of Building Services, or designee. 
B. City of Santa Ana -Regular scheduled neighborhood meeting scheduled by the City may be charged for required staffing. 
C. Registrar of Voters-Facilities used by the Registrar of Voters for general, primary and special elections shall not be charged a facility use fee. 
D. When a maintenance, trades person, or grounds person is required as part of the rental, District prevailing overtime wage rates shall apply. 
E. Kitchen equipment shall be used only under the supervision of cafeteria personnel at a fee based upon the current overtime salary schedule. 
F. All fees include use of restroom facilities with the exception of sports fields. Organizations using sports fields will be required to provide adequate restroom facilities for their participants. District will provide portable restrooms at cost to the group. 
G. The applicant will be responsible for any extraordinary cleanup caused by the organization's activity (i.e., furniture not replaced in its original configuration, left in an untidy condition). Organizations shall be billed for actual clean-up time (two-hour minimum) 
DESIRED OUTCOME: 
Through this administrative regulation, the District shall comply with procedures related to use of District facilities in accordance with Board Policy 1330, SB 1404 Civic Center Act, and California Ed Code 38130 and 38139. These policies and regulations are intended to provide our community with fair access to District facilities on a first come first served basis, or via lottery selection rotated semi- annually. 
IMPLEMENTATION GUIDELINES AND ASSOCIATED DOCUMENTS:
District Policies and Procedures:
Board Policy 1330 Use of School Facilities