- Last Updated: 16 May 2019 16 May 2019
|Policies and Regulations||NEPN Code: KF-R
Community/Staff Use of District Facilities/Properties/Equipment
The Sioux Falls School Board allows, as a community service, local businesses and non-profit and/or civic organizations to use Sioux Falls School District facilities/properties/equipment for educational, recreational, cultural, civic, social, governmental and non-partisan political activities.
Any local non-profit or civic organization (“organization”) wishing to use District facilities/properties/equipment must submit a written request to the Office of Community Relations at least 20 working days prior to the date requested to ensure time for Community Relations staff to complete a Lease Agreement, receive certification of Insurance coverage, and notify all parties concerned. Organizations may be asked to submit documentary proof of non-profit status.
District facilities/properties/equipment are not available for commercial activities except as provided in Regulation KHBA-R. “Commercial” is defined as any activity, event, or performance conducted for the purpose of making a profit or selling or promoting a product or service. Activities that involve marketing or solicitation, direct or indirect, of District employees or the general public are considered to be commercial and are disallowed under this policy.
Local businesses (“businesses”) may use District facilities/properties/equipment for noncommercial purposes only. Businesses may be asked to submit a Statement of Purpose verifying that the activity is non-commercial in nature.
All requests for District facility/property/equipment use must be made by an officer of the organization/business and each organization/business must carry liability insurance for the event.
Organizations/Businesses holding regular meetings throughout the year need file only one request at the beginning of the year. However, special events sponsored by such organizations/businesses must be covered by a separate request and Lease Agreement whenever they occur. Requests for the use of District facilities/properties/equipment must be renewed each year.
All activities must be under the sponsorship and supervision of competent adult(s) who are directly responsible to the organization/business requesting use of the facility/property/equipment. Each group is responsible for the behavior of its members. When participants are under 18 years old, minimum supervision is one adult to 25 participants.
District administrators, the building principal, the events coordinator or the custodian on duty have the right to terminate any activity at any time if, in his/her judgment, there are violations of Board Policy, federal, state, or municipal laws, or if the activity is deemed to be hazardous to people, buildings, or equipment. The Board reserves the right to revoke any lease, without liability, should such action be deemed necessary or desirable.
Organizations/Businesses that use District facilities/properties/equipment must have in force, with insurers licensed to do business in the state of South Dakota, comprehensive general liability insurance with limits of no less than $1,000,000 per occurrence and which includes coverage for defense costs. In addition, every organization/business shall provide, on a replacement cost basis and with limits of no less than $300,000 per occurrence, (1) Damage to Rented Premises coverage or (2) Broad Form or Special Form property insurance that includes as Covered Property any School District property used by the organization/business. Every organization/business shall provide a current policy of insurance establishing these requirements are met prior to using District facilities/properties/equipment. The District reserves the right to request it be named an additional insured on any such insurance policies.
Any person(s), organization or public body using District facilities/properties/equipment is responsible to the District for any and all damages that may be caused by reason of the use or occupancy. “Any and all damages” shall mean replacement costs. The District is not liable in any suit for damages which might arise as a result of such use or occupancy.
Neither the Board, District, nor any officer or employee of the District, is liable for any injury that occurs as a result of the use of the facility/property/equipment regardless of the cause of the injury, including the design, maintenance and condition of the facility/ property/equipment.
Priorities for Use
The use of the building by a non-school organization/business may not interfere with District activities including restricting or limiting the normal instructional program carried on during regular school hours.
Priorities for use of District facilities outside of school hours will be as follows:
- school-related activities or any meetings established by District administration
- joint use agreements with the City of Sioux Falls and the Sioux Falls Park and Recreation Board
- approved grades 6-12 non-school sponsored student clubs pursuant to Policy/Regulation JJAB/JJAB-R
- activities and programs sponsored by non-profit organizations for K-12 students
- activities and programs sponsored by non-profit organizations for the general public
- non-commercial activities sponsored by local businesses
- employee use for a non-school organization
- employee personal use.
Established religious groups may use District facilities/properties/equipment for religious services in the event of emergency or the organization of a new body, for a period of up to one year with the purpose of providing time to build or acquire their own facility. If at the end of one year the established religious group is actively engaged in providing its own facilities, but has not yet completed them, the use of District facilities/properties/equipment may continue for so long as efforts continue, up to a maximum of three years.
Use of District facilities/properties/equipment for youth-serving organizations or activities involving youth, including school-sponsored parent groups, is not permitted on Wednesday nights between the first and last day of student attendance.
Use of District facilities/properties/equipment for youth-serving organizations or activities involving youth, including school sponsored parent groups, inclusive of set-up and take-down/clean-up time, on Sundays may occur only between the hours of 11 a.m. to 7 p.m. between the first and last day of student attendance.
Heating/Cooling During Building Shutdowns
Use of District facilities/properties/equipment may be authorized during periods in which energy conservation measures are in place. Organizations/Businesses may request heating/cooling of space and will be charged for those comforts at actual cost determined by the Director of Operational Services.
A Lease Agreement must be signed by an officer of the requesting organization/business and the Community Relations Supervisor.
Organizations/Businesses that receive approval to use District facilities/properties/equipment must return a signed Lease Agreement and full payment to the Office of Community Relations upon receipt of the invoice.
The facility/property/equipment is reserved when the organization/business returns the signed Lease Agreement and payment to the Office of Community Relations.
District facility/property/equipment use is restricted to the dates, hours and areas specified in the Lease Agreement.
The organization/business shall not assign or sublet District facility/property/ equipment or any part of the facility/property/equipment to any other user. The organization/business shall be responsible for using the facility/property/equipment for the purpose described in the Lease Agreement.
Compensation to District for Use Fees will be assessed for the use of District facilities/properties/ equipment based upon costs of operating expenses that would not otherwise have been incurred. This includes items such as utilities, supplies, maintenance, employees - including custodial and cafeteria workers/services - as well as administrative services necessary to process each request and Lease Agreement. Fees/Charges are subject to change as the Business Manager may deem necessary.
All fees/charges are computed on an hourly rate beginning with the time the building is required to be open and ending with the time the building is no longer occupied.
Organizations that contract to hold regular meetings at a District facility/property throughout the year may request to be billed monthly or quarterly. Payment is due within 30 days of mailing date.
The District may also waive fees/charges for the following groups:
- school-sponsored parent groups
- employee associations for regular meetings which are not fund-raising activities
- state or regional teacher subject area association meetings
- groups sponsoring educational meetings or activities in which school-age students are involved or for which teacher attendance is in the interest of the District
- other governmental units
- Non-profit youth groups, including use of gym for practice sessions.
- Practice sessions do not involve the presence of spectators other than parents who accompany their children. Each user group will be given equal opportunity in the scheduling of rent-free practice sessions. Groups wishing to establish a year-long gym schedule will submit requests in writing to the Office of Community Relations no later than July 15 of each year. When more than one group requests the same time slot, assignment will be determined by lottery.
- When the principal schedules a school or PTA activity that conflicts with practice sessions, the principal will notify the organization/business that their practice session is canceled, giving one week’s notice.
Groups, other than those listed, who wish to request a waiver of fees/charges will submit a request in writing to the Office of Community Relations. If fees/charges are waived, the waiver shall be identified in the Lease Agreement.
In lieu of a Lease Agreement, the Superintendent may enter into a Memorandum of Understanding with governmental agencies or non-profit organizations for reciprocal use (at no charge) of District facilities/properties/equipment for emergency management purposes.
Cancellation of a signed Lease Agreement must be received at least two working days prior to the date of use. Failure to cancel shall obligate the organization/business to pay for all custodial and other expenses incurred in specifically preparing and opening the facility/property to meet the conditions of the Lease Agreement.
The District reserves the right, in the event of an emergency requiring the use of the facility for a school event or adverse weather conditions, to cancel the Lease Agreement without penalty to the District. All use of District facilities/properties/equipment by outside groups is automatically canceled when District schools are closed due to inclement weather or other conditions.
A custodian must be on duty whenever an outside organization/business uses District elementary or middle school facilities/properties/equipment.
A custodian or events coordinator must be on duty whenever an outside organization/business uses District high school facilities/properties/equipment.
Compensation for the custodian’s time at time and one-half of the employee’s hourly rate will be charged pursuant to the Lease Agreement.
Custodial staff or an events coordinator will see that the applicable section of the building is open/closed at the designated time, any requested set-up arrangements have been completed and will be available to respond in case there is a building emergency.
The custodian or events coordinator will not permit an organization/business to enter a District facility/property unless a Lease Agreement has been signed and payment has been received. If the organization/business is a youth group, the custodian or events coordinator will not permit entry to the facility/property unless the adult leader is present. It is the responsibility of the adult leader to permit entry only to those authorized to attend. The leader is responsible for seeing that the last member leaves the facility at the end of the activity.
The custodian or events coordinator has the responsibility and authority to restrict use to those hours and areas specified in the Lease Agreement. The custodian or events coordinator shall report any property/equipment damages to the building principal and to the Director of Operational Services the next business day. Custodial staff or events coordinators have the authority to ask organizations/businesses to leave the premises if members violate District policy or the terms of the Lease Agreement. Reason for discontinuation of the activity shall be reported to the building principal and Director of Operational Services the next business day.
Alcohol, Drug and Tobacco Free Environment
The use of drugs, alcohol and tobacco, and/or carrying any lighted tobacco product, is prohibited on/in District property/facilities. This includes all enclosed indoor areas under the control of the District including work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways as well as District grounds, parking areas, sidewalks surrounding buildings, and District-owned vehicles.
Only cans, bottles, or containers purchased at the concession stand will be allowed inside school auditoriums, gymnasiums, and at Howard Wood Field. During all-day extra curricular activities, only participants will be allowed to bring coolers. Coolers are subject to inspection.
Tailgate parties on District premises shall be free of alcohol, drugs and tobacco.
Only shoes that will not cause damage to the floor may be worn. Use of resin or other substances on floor surfaces is not permitted.
Folding bleachers and partitions should be operated only by custodial personnel.
Organizations/Businesses are permitted to use the shower room facilities; however, in such cases the leader is to discontinue gymnasium activities no later than one-half hour before scheduled dismissal time.
All recreational equipment is to be furnished by the organization using the facility/property. Organizations/Businesses wishing to use school equipment shall obtain approval as part of the Lease Agreement.
A Child Nutrition Services employee must be present if the District’s kitchen/kitchen equipment will be used. No meals will be prepared or equipment used except under the supervision of a Child Nutrition Services employee. The employee will supervise the use of kitchen equipment and will operate burners and ovens if they are used.
Compensation for the employee’s time at time and one-half of the employee’s hourly rate will be charged to the organization/business using the kitchen/kitchen equipment pursuant to the Lease Agreement.
If a meal is catered, Child Nutrition Services may provide a small unit for making or warming coffee. Also, if prior arrangements are made, a hot cart for keeping food warm will be provided.
The organization/business is to furnish dishes, silverware and other serving or cooking utensils needed. The organization/business using the cafeteria will see that tables, floors and equipment are clean, all decorations are removed and garbage and waste are disposed of at the direction of the District employee on duty.
Tables and other equipment in the cafeteria are not to be moved without the permission of the principal, the building custodian, and/or a Child Nutrition Services employee.
Lighting and Sound Equipment
Requests that require use of District light and/or sound systems/equipment are subject to approval on the basis of availability of District employees who are qualified to operate the equipment. The organization/business using the facility will be billed for the District employee’s time at time and a half of the employee’s hourly wage pursuant to the Lease Agreement.
Organizations/Businesses requesting use of District grounds for public events will complete a Lease Agreement.
Portable rest rooms at the expense of the organization/business may be required for activities and tournaments. Water and electricity may not be available from District sources.
As a community service, organizations/businesses may use unlocked District grounds for practice sessions as long as the use does not conflict with school programs. This use does not include access to building facilities or any locked District grounds. Organizations/Businesses are responsible for care of the grounds and removal of litter and will be held responsible for any property damage occurring at the time of use. Any person, organization or public body using District grounds for practice sessions is responsible to the District for any and all damages that may be caused by reason of the use or occupancy. “Any and all damages” shall mean replacement costs. The District is not liable in any suit for damages which might arise as a result of such use or occupancy.
Equipment belonging to the District is not available for use by non-school groups unless specified in the Lease Agreement.
District equipment is not available for use off District premises unless it is beneficial to the District in carrying forward the mission and goals of the District and must have permission of the building or department administrator. Non-school groups will sign a Statement of Responsibility before taking equipment off site.
Dakota Digital Network (DDN)
If an organization/business wishes to schedule use of the Dakota Digital Network (DDN) equipment, the organization/business will follow District policy regarding facility use by non-school organizations/businesses. A Lease Agreement and custodial or events coordinator supervision is required.
Howard Wood Field
Organizations/Businesses that lease Howard Wood Field from the Sioux Falls Sports Authority are governed by the rules and regulations pertaining to the Sioux Falls Sports Authority lease agreement with the District.
Organizations/Businesses that lease Howard Wood Field directly from the District shall comply with the rules and regulations governing the use of the field as established by District administration.
The organization/business will furnish a statement of seating arrangement and proposed concession prices (other than food) not later than three weeks prior to the date of use, on forms as prescribed by the Finance Office. If the same ticket prices, seating arrangements, and concession prices will be used for all games, the organization/business may furnish one statement.
The organization/business will furnish a report of ticket sales, gross admissions, and concessions not later than one week following each date of use on forms as prescribed by the Finance Office.
The number of admissions shall be determined from the turnstile mechanical counters by District personnel at the close of the third quarter of football games. A copy of the number of admissions shall be furnished to the organization/business for the preparation of the admission report.
There will be no changes made in any utility hookups or wiring without the prior approval of the Coordinator of Physical Education/Athletics and the Director of Operational Services. Upon approval, these changes will be made at the organization’s/business’ expense and by a qualified contractor who is satisfactory to the District.
The organization/business will furnish adequate supervisory personnel to include:
- ticket sellers
- gate personnel
- parking attendants, if necessary
- public address system announcer
The District will furnish supervisory personnel with necessary keys to admit the organization/business to all facilities.
No vehicles will be driven on the field or running track.
The organization/business is responsible for the expense of snow removal from Howard Wood Field and adjacent parking area, if the decision to use Howard Wood Field is made by the organization/business following a snow.
The cost of this removal would include the overtime rate of necessary District employees and the rental fee of snow removal equipment or snow blowers.
The final decision to permit heavy equipment on the field rests with the Director of Operational Services and the Coordinator of Physical Education/Athletics.
The Director of Operational Services or the Coordinator of Physical Education/Athletics may cancel any scheduled event due to equipment failure, inclement weather, or other unforeseen emergency.
The football field will be properly prepared for all games by District personnel. Yardage stakes and down box will be furnished by the District.
Operators for the scoreboard and public address system controls will be furnished by the District. The organization/business will furnish the announcer for the public address system.
Practice sessions on the field may be arranged with the Coordinator of Physical Education/Athletics, providing that no game is scheduled on the date desired.
The organization/business will not allow spectators on the field except for cheerleaders and photographers and other persons taking part in ceremonies or presentations.
- Dressing Rooms
Dressing rooms will be assigned by the Coordinator of Physical Education/Athletics. The organization/business will furnish all towels.
- Concession Rights
Concession rights, as specified by the Board belong to and are retained by the District.
A concession operator will be contracted by the Board to handle the sale of food and beverage items for all scheduled events. Cigarettes, tobacco products and alcoholic beverages shall not be sold.
The rights and privileges to operate the food concession shall apply to all District events or District-leased events. It is understood that the District may schedule other events at the field, in which case the District reserves the right to require the concessionaire to operate the food concession for the events; it being further understood that in this case the District would provide reasonable advance notice to the concessionaire. Specifically excluded from the foregoing is the Howard Wood Dakota Relays. In the event that it should prove to be in the best interest of the District and the concessionaire not to open the food concession for any scheduled event, that decision must be made with the mutual consent of the Coordinator of Physical Education/Athletics for the District and the concessionaire.
The awarding of the contract for the rights and privileges shall be granted to the party whose total commission and scoreboard advertising revenue to the District is greatest over a specific period of time. It is understood that the District reserves the right to determine in respect to the “other events” as described above, whether the organization/business would receive any part or all of the percentage of return of gross sales dollars, after tax, from the food concessions.
The concessionaire shall furnish the Coordinator of Physical Education/Athletics with a report of concessions not later than one week after the event.
The Board will retain all of the gross receipts for the concession rights.
Staff Use of District Facilities/Properties/Equipment
Employee Use For Non-School Organization
If an employee wishes to schedule use of District facilities/properties/equipment for a non-school organization, a Lease Agreement and custodial or events coordinator supervision are required.
In some instances, the Superintendent or designee may waive the requirement for custodial or events coordinator supervision if a District employee agrees to accept responsibility for the non-school organization. The employee will then be fully responsible for securing the building, leaving it in a clean and usable condition for the next school day, and paying any damages (at replacement costs) incurred as a direct result of the use. A Statement of Responsibility will be signed and included as an attachment to the required Lease Agreement.
Employee Personal Use
As a community service, employees may use District buildings for non-commercial personal use. The employee must obtain permission from the building principal and accept full responsibility for securing the building, leaving it in a clean and usable condition for the next school day, and paying any damages, at replacement cost, incurred as a direct result of the use.
A Statement of Responsibility must be signed by the employee including an assurance that the employee is personally responsible to advise all participants that such use of the building is being provided as a community service and that, pursuant to state law, the District is not liable in any suit for damages which might arise as a result of such use or occupancy.
District employees will sign a Statement of Responsibility before taking equipment off the premises.
District employees may provide open gym for students during non-school hours. Employees may participate in open gym activities if their participation does not violate another District policy or rule and the employee has executed a waiver. District employees who participate in these activities are outside the scope of their employment.
Coaches may supervise open gym, but may not coach during that time. Supervision includes observing the activity but does not include participating in the open gym activity. Coaches may participate in open gym activities only if their participation does not violate another District or SD High School Activities Association policy or rule. Coaches who participate in these activities are outside the scope of their employment.
The time and day(s) of the open gym shall be made known to the student body by the administration in a timely manner through announcements, bulletin board posting, articles in the school paper, etc. Participants must furnish their own clothing such as sweat suits, shorts, shoes, etc.
Use of Weight Room and Physical Fitness Equipment
When students are present, the weight room and use of physical fitness equipment is limited to use by the students under the supervision of a designated Weight Room Supervisor or a coach who is employed by the Sioux Falls School District to coach the athletic activity for which the weight room participants are training. Supervision includes and is limited to observing the activity or providing assistance with the equipment but does not include personal use of the equipment by employees. All Weight Room Supervisors and coaches must have completed a required training program on the proper use of the equipment before supervising student use.
Weight room and other physical fitness equipment may be available for personal use by District employees, including Weight Room Supervisors and coaches under the following conditions: Employees may not use the equipment during the eight-hour school day or when students are present. The employee must complete a required training program on the proper use of the equipment and execute a waiver. District employees who use the weight room and other physical fitness equipment for their personal use under this policy are outside the scope of their employment.
SDCL 13-24-20 Use of school facilities or busses for other community or commercial purposes - compensation - liability for damages
34-46-14 Smoking in public or place of employment prohibited
GBEC - Drug-Free Work Place
GBED - Tobacco-Free Schools/Use by Employees Prohibited
JICG - Tobacco-Free Schools/Use by Students Prohibited
JJAB - Limited Open Forum
JJAB-R - Limited Open Forum
KHBA - Commercial Activities
KHBA-R - Commercial Activities
KHC - Distribution/Posting of Informational/Political Materials
|Regulation||Board Action||(formerly 1330 & 3270)|