Auditorium Facility Use Application


EL MONTE UNION HIGH SCHOOL DISTRICT BOARD POLICY 1330

Use of School Facilities


The Governing Board believes that school facilities and grounds are a vital community resource which should be used to foster community involvement and development. Therefore, the Board authorizes the use of school facilities by district residents and community groups for purposes specified in the Civic Center Act, to the extent that such use does not interfere with school activities or other school-related uses. (cf. 6145.5 - Student Organizations and Equal Access)

School-related activities shall have priority in the use of facilities and grounds. Other uses authorized under the Civic Act shall be on a first-come, first-served basis.
As necessary to ensure efficient use of school facilities, the Superintendent or designee may, with the Board's approval, enter into an agreement for the joint use of any school facilities or grounds. The Board shall approve any such agreement only if it determines that it is in the best interest of the district and the community. (cf. 1330.1 - Joint Use Agreements)

Subject to prior approval by the Board, the Superintendent or designee may grant the use of school facilities on those days on which the school is closed. (Education Code 37220)
(cf. 6115 - Ceremonies and Observances)

For the effective management and control of the school facilities and grounds, the Superintendent or designee shall maintain procedures and regulations that: (Education Code 38133)
1. Aid, 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
(cf. 0450 - Comprehensive School Safety Plan)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
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 school work
There shall be no advertising on school facilities and grounds except as allowed by district policy specified in BP 1325 - Advertising and Promotion.
(cf. 1325 - Advertising and Promotion)



Fees


The Board authorizes the use of school facilities or grounds without charge by nonprofit organizations, clubs or associations organized to promote youth and school activities. In accordance with Education Code 38134(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire USA, YMCA, parent-teacher associations, and school-community advisory councils. Other groups that request the use of school facilities under the Civic Center Act, including nonprofit groups not organized to promote youth and school activities or for-profit groups shall be charged an amount not to exceed direct costs. Groups 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 38134)



EL MONTE UNION HIGH SCHOOL DISTRICT ADMINISTRATIVE REGULATION 1330

Application for Use of Facilities

Any persons applying for the use of school facilities or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application.

Persons or organizations applying for the use of school facilities or grounds shall submit a facilities use
statement indicating that they uphold the state and federal constitutions and do not intend to use school
premises or facilities to commit unlawful acts.




Civic Center Use


Subject to district policies and regulations, school facilities and grounds shall be available to citizens and
community groups as a civic center for the following purposes: (Education Code 38131, 38132)

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 church or religious organization

4. Child care programs to provide supervision and activities for children of preschool and
elementary school age
(cf. 5148 - Child Care and Development)
(cf. 5148.2 - Before/After School Programs)
(cf. 6300 - Preschool/Early Childhood Education)

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
youths may participate regardless of religious belief or denomination

7. A community youth center
(cf. 1020 - Youth Services)

8. Mass care and welfare shelters during disasters or other emergencies affecting the public
health and welfare
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)

9. A ceremony, patriotic celebration, or related educational assembly conducted by a veterans'
organization
A veterans' organization means the American Legion, Veterans of Foreign Wars, Disabled
American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly
recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or
any of their territories. (Military and Veterans Code 1800)

10. Other purposes deemed appropriate by the Governing Board
The district may grant the use of school facilities on those days on which the public school is closed.



Restrictions



School facilities or grounds 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 which is inconsistent with the use of the school facility for school purposes or which
interferes with the regular conduct of school or school work

3. Any use which involves the possession, consumption, or sale of alcoholic beverages or any
restricted substances, including tobacco
(cf. 3513.3 - Tobacco-Free Schools)

The district may exclude certain school facilities from non-school use for safety or security reasons.

Damage and Liability

Groups, organizations, or persons using school facilities or grounds shall be liable for any property damages caused by the activity. The district may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds. (Education Code 38134)

Any group or organization using school facilities or grounds 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)

Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence when using school facilities. (Education Code 38134)
As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification
when warranted by the type of activity or the specific facility being used.



RULES AND REGULATIONS GOVERNING THE USE OF
BUILDINGS, GROUNDS, AND EQUIPMENT FOR NON-SCHOOL PURPOSES



1. Application for Use of School Facilities shall be made on forms included within this packet. Forms maybe downloaded from the school or EMUHSD website.
2. Use of buildings or grounds on Weekends and holidays may not be authorized and will be approved
based upon the availability of personnel to oversee the use of the facility.
3. Public use shall not be inconsistent with nor interfere with school district use.
4. Use will be denied to any individual, group, or organization for the commission of any crime or any act
prohibited by law including those acts intended to further any program or movement to overthrow by
any means the government of the United States.
5. When minors are involved, event sponsors shall have sufficient adult supervision while using district
facilities to ensure adequate control.
6. A district employee responsible for the oversight of the use permit shall be at the facility at all times
whenever a facility’s buildings or grounds are used. The district employee shall open the facility upon
the presentation of a district facility use permit properly issued and signed. He/she shall be responsible
for the facility and will report any damage, misuse, and/or abuse to the Director of Facilities.
7. There shall be no loud music or other amplified sounds, noise, lights or other activities that violate local
ordinances or otherwise disrupt adjacent neighborhoods and businesses. Profane language, fighting or
gambling is prohibited on school premises.
8. The possession or use of tobacco products, narcotics or alcoholic beverages or any other restricted
substance on district property is strictly prohibited.
9. No product, including, but not limited to food or drink shall offered for sale on school premises without
district approval by the Director of Food Services.
10. The number of attendees present shall not exceed the capacity authorized by fire regulations.
Appropriate space shall be assigned to users based on expected attendance.
11. Vehicles present shall not exceed the number of authorized parking spaces in the parking lots assigned
to the event. Vehicles shall be parked in appropriately marked spaces. Vehicles inappropriately parked
on district property shall be subject to towing at the owner’s expense.
12. No modification of district facilities shall be permitted. District facilities must be left in the same condition
as they existed prior to the permitted use. Decorations shall be erected and completely removed in a
manner not destructive to school property. The use of open flames such as candles, non-fireproof
decorations, nails, tacks, staples or any tape other than blue or red painter’s tape is not permitted.
13. Although the user fee covers the cost of buildings utilities, the user group shall conserve energy and
water in a manner similar to the daily use of the facility by school operations. The only supplies that
shall be utilized by the user group include toilet paper, hand soap and other toiletries. Users shall place
all refuse in appropriate containers.
14. Equipment shall not be used without prior approval on the facility use permit. Furniture and/or
equipment shall be returned to the same position and/or location as it existed prior to the permitted use.
Users are not permitted to leave equipment or materials at the school facility without approval by the
Director of Facilities (list all items to be stored at the school facility by the user on the Event Info Form.
15. Users shall use the facilities only for the purposes specified in this Application, district regulations, and shall limit use to the specific spaces specified in the use permit. Staff members present at the event
shall not permit any individual or group to use any equipment, room or other facility on the premises,
which was not designated on the use permit application as approved.



User Classifications



The California Education Code Section 31834 allows the Board of Education to adopt guidelines for charging users differing rates for the use of the Districts’ facilities. The Board has determined that the following “Classification” of users will be used in determining the rental rates for its facilities.

Category I (Only for EMUHSD Educational departments and facilities.)


Category II
Certified 501C3 nonprofit organizations, and clubs or associations organized to promote youth,
school activities, and any group that uses school facilities or grounds for fundraising
activities that are not beneficial to youth or public school activities of the district, as determined by the
governing board.

(1) Girl Scouts, Boy Scouts, Camp Fire, Inc.
(2) Parent-teachers' associations.
(3) School-community advisory councils.
(4) Public, literary, scientific, recreational, educational, or public agency meetings.
(5) The discussion of matters of general or public interest.
(6) 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 for the conduct of the
services,
(7) Child care or day care programs to provide supervision and activities for children of preschool
and elementary school age.
(8) The administration of examinations for the selection of personnel or the instruction of precinct
board members by public agencies.
(9) Supervised recreational activities including, but not limited to, sports league activities for youths
that are arranged for and supervised by entities, including religious organizations or churches,
and in which youths may participate regardless of religious belief or denomination.
(10) A community youth center.
(11) A ceremony, patriotic celebration, or related educational assembly conducted by a veterans'
organization.
(12) Other purposes deemed appropriate by the governing board.


Category III
In the case of entertainments or meetings where admission fees are charged or contributions are
solicited and the net receipts are not expended for the welfare of the pupils of the district or for
charitable purposes, a charge shall be levied for the use of school facilities or grounds which charge
shall be equal to fair rental value.





FACILITY RENTAL RATES





CERTIFICATE OF INSURANCE
TERMS AND CONDITIONS PAGE



CERTIFICATION:
I, the undersigned, hereby certify that I shall be personally responsible, on behalf of my organization, for any damage or abuse of school buildings, grounds or equipment, resulting from the occupancy of said premises by our organization. I agree to abide by and enforce the rules and regulations of the El Monte Union High School District governing the non-school use of buildings, grounds, and equipment, and hereby acknowledge receipt of a copy of said rules and regulations.

HOLD HARMLESS AGREEMENT AND COVENANT NOT TO SUE:
In consideration of being permitted to use the buildings, grounds, and equipment of the, indicated above, I, the undersigned, agree to the extent authorized by law, to hold harmless, indemnify and defend the El Monte Union High School District and its officers, agents, and employees from any liability or claims of liability for bodily injury, sickness, disease or death of any person or persons or damage to property, real, personal, tangible, or intangible, arising from or connected with the use or occupancy of the above-named premises.

STATEMENT OF INFORMATION:
The undersigned states that, to the best of his or her knowledge, 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; That the organization, on whose behalf he or she is making
application for use of school property, does not, to the best of his or her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it 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.

INSURANCE REQUIREMENTS
Non District users shall maintain in full force and effect during the specified program dates, at the user’s
expense, a policy of insurance providing for liability coverage as follows: A) additionally named insured toinclude El Monte Unified High School District, its Board of Education, Officers and Employees, as their interests may appear; and, B)limits of coverage in the amount(s) of:

$100,000 per person, and
$500,000 per occurrence, OR $1,000,000.

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