The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

7510 - USE OF DISTRICT FACILITIES

District grounds and facilities should be made available for community purposes, provided the use does not infringe on the original and necessary purpose of the property or interfere with the educational program. Temporary use of these facilities for non-school educational, civic, cultural, recreational, artistic, or charitable programs may be approved by the administrative staff as follows:

 A.Renter must initiate an Application for Temporary Use of School Building Facilities of the District - Temporary Use Agreement (Form #FM-0117) which must be signed by the Principal and approved by the Superintendent.

 B.Renter must provide a certificate of insurance showing evidence of Commercial General Liability insurance with minimum limits of $300,000 per occurrence. The School Board, its employees, and agents are to be named certificate holders as well as additional insured.

 C.Renter must comply with the Jessica Lunsford Act, as required.

 D.Renter shall prepay rental charges, if not waived by Region Superintendent and Deputy Superintendent of School Operations.

Groups, organizations, or individuals employed by the Board or agent of the Board using school facilities to execute official duties as required by Board rule, policy, or directions are exempt from fees and charges. These groups should coordinate use with the principal or site administrator of the facility.

Rental Policies for Groups, Organizations, and/or Individuals

There shall be a charge for the use of school facilities and equipment to groups, organizations, and/or individuals based upon their rental classification(s) which shall be established by the Superintendent based upon the facilities being used. Payment shall be made in advance by certified check or money order payable to The School Board of Miami-Dade County, Florida. A representative of the school shall be on the school grounds during the hours of use of facilities, except for playgrounds. Custodial services are included in the basic facility usage fee except when additional services are needed and/or when the use of the facility occurs outside normal hours when a representative of the District is not on the school campus. Charges made for extra custodial services described above shall be assessed at an hourly rate, including applicable fringe benefits. A qualified employee must supervise the operation of all equipment in cafeteria, shops, etc. Charges will be assessed an hourly rate, including applicable fringe benefits.

Classification of Rental Organizations

Rental charge classifications are as follows:

 A.Non-School
  Any organization or group not responsible for the operation of public schools or not classified as school-allied.

 B.Government
  City, county, State, and Federal government groups requesting the use of school facilities to carry out official functions or meetings.

 C.Supplemental Educational Services (SES) Providers
  Educational companies who provide tutorial services to qualified students under the No Child Left Behind Act.

 D.School-Allied
  Organizations formed for the purpose of promoting the welfare of the school and/or its students and distinguished from clubs and organizations that are an integral part of the school program under the direct policy leadership of the principal.

  1.The following organizations are specifically classified as school-allied:

   a.Cub and Boy Scouts

   b.Brownies and Girl Scouts

   c.American Red Cross Greater Miami & The Keys

   d.4-H Clubs

   e.Young Men's Christian Association

   f.Young Women's Christian Association

   g.Jewish Community Centers (Young Men's/Women's Hebrew Association)

   h.PTA/PTSA

   i.PTO

   j.Family Christian Association of America

   k.Crime Watch

   l.Registered Dade Partners, when such partners are, in the judgment of the school administrator, functioning in a role, which furthers a school-related or educational purpose.

  2.Other organizations that provide a program consistent with item (1) above, and are available to all students of the school or community on a no-charge basis as determined by the Deputy Superintendent of School Operations or the Board.

 E.Repetitious Use
  Any group requesting the use of school facilities as often as once a week for six (6) consecutive weeks.

 F.Admission
  Groups or commercial enterprises operating for profit, charging admission, having sales or receiving contributions as a result of the use of school facilities.

 G.Non-admission
  Any organization requesting the use of school facilities for the purpose of holding a meeting that is free of charge and open to the public. Organizations using school facilities may be reclassified from Admission to Non-admission when all receipts from ticket sales, donations, or collections resulting from the use of school facilities are given entirely to a recognized charity and a request for this consideration is completed properly on the standard form and submitted with the initial application.

Specific Rental Policies

Rental charges for organizations using school facilities are determined as follows:

 A.Basic charges are computed on a minimum usage of three (3) hours on weekdays until 10:00 p.m. and the Board-approved hourly rate after 10:00 p.m., and are computed on a minimum usage of four (4) hours plus clean-up time on Saturday and Sunday at the Board-approved hourly rate. Any additional time beyond the basic charge hours will require an additional charge at the hourly rate set by the Board. At the principal's discretion, a custodial supply fee may be assessed.

 B.Supplemental Educational Services (SES) Providers basic charges are computed on a minimum usage of one (1) hour rate. A minimum of four (4) hours will be charged for custodial services on Saturday and Sunday at the hourly rate set by the Board.

 C.The rental fee includes the area requested on the Application for Temporary Use of School Buildings (cafeteria/cafetorium, auditorium, classrooms, stadiums, etc.), restrooms, parking lot, and custodial services. Additional space necessary must be requested at the time the application is submitted or upon submission of an additional application.

 D.Schools may not determine either the organization's classification or rental charges. Classification and charges will only be determined by Facilities Operations, Maintenance - Finance Department based upon Board-approved policies. Additionally, Facilities Operations, Maintenance - Finance Department shall verify the pricing, data, collect payment, and maintain appropriate records.

 E.Except as otherwise provided, organizations must prepay all rental charges before being given access to school facilities. All payments shall be made by certified check or money order payable to The School Board of Miami-Dade County, Florida and remitted to Facilities Operations, Maintenance, Location 9241, 12525 N.W. 28th Avenue, Miami Florida 33167, Attention: Finance Department, Room 359.

 F.Organizations desiring to cancel usage must do so in writing within twenty-four (24) hours of the requested time. Organizations canceling without giving twenty-four (24) hours' notice must pay any cost incurred by the facility, but not less than one (1) hour at custodial overtime rates. In the case of stadium rentals, forty-eight (48) hours' cancellation notice is required. Organizations canceling without forty-eight (48) hours' notice must pay any cost incurred by the stadium.

 G.Organizations must take the premises as they are at the time of occupancy. Should it become necessary to remove, relocate, or alter any stage rigging or equipment, including stadium/grounds preparation, the changes shall be made by school personnel at additional expense to the organization at the standard custodial overtime rate specified in this policy. The premises shall be returned as found following usage. All such changes must have prior approval by the principal or his/her designee.

 H.Organizations wishing to question the amount of the charges for use of school facilities must do so prior to time of occupancy.

 I.Governmental and school-allied organizations may be permitted free use of the building when a custodian is regularly on duty subject to the principal's judgment as to the number of groups that can be accommodated. A Request for Fee Waiver for Utilization for School Facility (FM-5576) must be initiated by the principal and approved by the Region Superintendent and Deputy Superintendent, School Operations or his/her designee.

 J.Governmental and school-allied organizations will be assessed a charge in the case of special activities such as fund-raising affairs, dances, etc., and use under Reciprocal Use Agreement when the school is normally closed and custodial overtime is required. Facilities Operations, Maintenance - Finance Department will assess the charges based on governmental and school-allied rental rates. This does not supercede any reciprocal use agreements.

 K.Delinquent payment or falsification of application and/or insurance certification will be grounds for denial of future use.

 L.Admission activities within a school building will not be permitted on a repetitious basis. Use of school facilities for activities classified "admission" shall be limited to one (1) production per producer and/or organization within a fiscal year, except for leased parking areas.

Facilities shall not be provided for extended periods of time and the rentals are on a temporary basis. All applications for repetitious use of school facilities shall be renewed annually on July 1st and shall be subject to review by the District.

General Conduct Policies

Organizations using school facilities must comply with the following general conduct policies:

 A.The flag of the United States of America shall be displayed.

 B.The United States National Anthem may be played.

 C.Custodians are not to be paid from school internal funds or by non-school organizations. All payments to custodians are to be made on an approved overtime roster processed through the Payroll Department.

 D.Steam tables and cafeteria kitchens are not to be used by non-school groups. If school-allied groups use these areas, a member of the school’s food service staff shall be present. The school-allied group will be billed and must remit payment to Facilities Operations, Maintenance – Finance Department for the food service personnel charge at the standard overtime rate.

 E.Elementary classrooms may not be used for meetings without prior approval from the Deputy Superintendent of School Operations.

 F.Organizations shall not re-assign the Application for Temporary Use of School Building, sublet the premises, or any part, or use the premises for any purpose other than that specified within the application without prior written consent.

 G.Activities will not be permitted between midnight and 6:00 a.m. without prior approval from the Deputy Superintendent of School Operations.

 H.School equipment will not be taken from the premises by any organization under any circumstances.

 I.No smoking, alcoholic beverages, illegal drugs/mood modifiers, or any gambling devices will be allowed in schools or on Board property. Weapons, including licensed, concealed weapons, are prohibited, except when in the possession of law enforcement officers during the execution of their official duties.

 J.Any organization causing damage to school property will be held responsible for cost of replacement or repair and may be denied further use of facilities.

 K.No unlicensed fireworks of any kind will be permitted on Board property. No licensed fireworks demonstration will take place on Board property without specific prior Board approval of the event.

 L.All scout applications must be filed with the names and addresses of the troop committee chairperson and the scoutmaster. Scouts shall hold regular troop meetings in the school that the largest percentage attend. If this percentage changes, the troop may be asked to relocate.

 M.Adequate adult supervision must be maintained at all times. Failure to comply may cause suspension of activities.

 N.When filling in the information "Hour Building Will Be Needed" and "Hour Building Will Be Vacated," users should allow ample time for such things as the following:

  1.performers arriving for preparation, makeup, etc.;

  2.time for the audience to be seated prior to the performance;

  3.performers cleaning up and leaving after the performance;

  4.moving out scenery, properties, etc.;

  5.special furniture arrangements and preparations;

  6.placing kneelers, prayer books, hymnals, etc.;

  7.setting up altar;

  8.anything else that needs time either before or after the actual activity or performance.

 O.Special or additional meetings, such as rehearsals and other similar uses of the buildings, are never permissible during school hours. Rehearsals and additional meetings are not included with the rental charges, and if rehearsals or additional meetings are necessary, this must be requested at the time the application is submitted.

 P.Larger schools may have specific requirements regarding lights, microphones, etc. The organization must contact the Principal.

 Q.Individual use agreements for use of District facilities will specify what equipment and/or personnel are included in the rental fee.

 R.Overnight storage is not permitted except when such storage is insignificant or of a temporary nature, and then only with the prior consent of the principal.

 S.Permanent signs will not be permitted on school property. However, portable signs may be placed in front of the schools during the period that religious services are scheduled.

 T.This policy is intended for clarification only, not to release the organization from the responsibility of knowing the conditions of the Use Agreement on the reverse side of the standard rental application.

Use of School Facilities For Commercial Film Production

 A.All requests to use the exterior or interior of a school or other District facilities in a film production must be made to the Superintendent who may grant or deny such requests.

 B.A summary of the script including descriptions of the use of any special equipment or special effects that could endanger the safety of students and staff, shall be obtained from the producer or film-maker. Productions that would embarrass or ridicule the District or create unnecessary safety hazards to students and staff will be refused permission to film.

 C.Production during school hours shall be conducted without disrupting the students’ educational process and permitted only with the approval of the Superintendent. When more than one (1) school facility is needed for the production, individual approval will be required for each facility. The specific production schedule shall be mutually determined by the producer and Principal. Every effort shall be made to limit filming to days and hours when classes are not in session.

 D.If at any time during of production, the Principal determines it is disrupting the normal activities in the building, the principal shall immediately notify the Superintendent , who has absolute authority to direct the production company to vacate the premises on twenty-four (24) hour notice. The production company shall have ten (10) hours in which to correct any disruptions.

 E.Identification of the school used in the production can only be made with the Superintendent’s permission.

 F.No photographs or filming of faculty or students or members of the public shall take place at any school unless the production company has been given a release by the individual or parents, or the individual filmed has entered into a contract with the production company.

 G.No scenes depicting gratuitous nudity, sexual activities, sadistic violence, or promoting the use of illegal drugs or alcohol abuse will be filmed on any school property. The production company will further guarantee that a film is intended to have a viewer rating not more restrictive than "R".

 H.The production company will provide liability insurance and a hold harmless agreement to cover the Board, its agents and employees in a manner satisfactory to the Office of Risk and Benefits Management.

 I.The production company will be responsible for costs of utilities, custodial, or other expenses incurred for each day of production that occurs on school grounds. Schools will be permitted to accept and place in the internal accounts any donations received from the production company.

 J.Donations received must not be in lieu of facilities rental charges.

Use of Grounds

 A.School playgrounds are made available for organized athletic leagues when not in conflict with school programs upon receipt and approval of a Board use agreement application, valid insurance certificate and compliance with Jessica Lunsford Act.

 B.Vendors selling products to students are to remain a minimum of 500 feet from school property at all times.

 C.No aircraft, lighter-than-air-craft, automobiles, motor scooters, motorbikes, or similar vehicles, licensed or unlicensed are to be operated on school grounds.
  Exceptions to the above rule:

  1.Police or medical emergency vehicles, which are being operated during a bona fide emergency.

  2.Vehicles and aircraft affiliated with the Baker Aviation School.

  3.Board-owned maintenance and transportation vehicles.

  4.Vehicles of any type used for demonstration or educational purposes.

  5.Parking on school grounds pursuant to Board policies.

 D.Pursuant to the requirements of Policy 8390, Animals on District Property, animals are permitted in/on school grounds, Board-owned or leased properties only for authorized school security programs, approved educational programs, and aiding individuals with disabilities.

 E.No unlicensed fireworks of any kind will be permitted on Board property. No licensed fireworks demonstration will take place on Board property without specific prior Board approval of the event.

 F.Buildings are not to be used unless an application for the use of rest rooms has been approved and the organization has agreed to the payment of the minimum standard charge.

 G.Only the area assigned by the Principal is to be used, and the organization will relocate on the field when requested to provide even wear on the turf.

 H.Damage to school or neighboring facilities will be cause for suspension of use.

 I.School grounds are available for public use at times when the grounds are not being used for school purposes. Each case/use shall be separately addressed according to Board policy and, guidelines.

 J.Use of school grounds for carnivals is limited to school-allied organizations as stipulated in Board policy.

 K.Use of grounds (except paved parking areas) on an admission basis is limited strictly to school-allied organizations.

 L.Paved parking lot or other school grounds may be used for parking for fund raising purposes.

Leases to commercial enterprises are limited to paved parking areas. The organization shall be responsible for restoration of grounds, adequate insurance and security.

Entertainment Sponsored by the School or its Allied Organizations

Entertainment held on school property is subject to the following:

 A.The use of school grounds and buildings for pony and other animal rides, raffles, bingo and card playing is prohibited.

 B.Senior high school-affiliated groups, with permission of the principal, may sponsor privately-owned carnivals, carnival game concessionaires, or carnival equipment, e.g., ferris wheel, roller coaster, merry-go-round, etc., subject to guidelines issued by Procurement and Materials Management. These guidelines should include, but not be limited to, developing a contractual agreement that would clearly define the responsibility of the carnival companies for adequate liability coverage, damages to grounds or buildings caused by their equipment, adequate security for crowd control, and that also would restrict the carnival companies use of Board utilities.

 C.The handling of all proceeds must follow the Manual of Internal Accounting pursuant to Policy 6610.

 D.All forms of gambling and games of chance are prohibited. Games based entirely upon skill are not to be considered games of chance.

 E.Commercial food and drink vending concessionaires are permitted if approved by the principal.

 F.Any contest that is conducted by selling votes is prohibited.

 G.Paved parking lots or other school grounds may be utilized for parking for fund raising purposes. Leases to commercial enterprises are limited to paved parking areas. The organization will be responsible for restoration of grounds, adequate insurance and security.

 H.All entertainment shall be carefully screened by the principal to eliminate scenes, language or jokes that are not compatible with an educational institution.

 I.Each school shall be responsible for submitting taxes and reports to the proper authorities concerning proceeds from entertainment. Setting a fixed contribution for entertainment is considered as charging admission.

 J.Motion pictures, using rented films, shall not be shown in a school for admission charge, offering, or any other means of payment. Schools sponsoring this type of entertainment must assume the responsibility of royalty infringements and violations of any law pertaining to such entertainment.

 K.No activities pertaining to entertainment may violate, literally or in spirit, Board policies on advertising (Policy 9700.01).

Short and Long-Term Use

All short and long-term use agreements for school facilities shall be executed by written contract. When a standardized agreement has been adopted by the Board for use of specific types of facilities, that agreement shall be executed. When uses have not been made the subject of standardized agreements, the Superintendent shall negotiate, in conjunction with the Board attorney, a specific agreement for approval by the Board. This policy may not be circumvented by any agency or organization through use of the Board or similar agreements.

Personal Use of District-owned Vehicles

 A.Board security officers may be provided with vehicles on a twenty-four (24) hour basis, if authorized by the Superintendent. These vehicles are classified under IRS section 274(d) as qualified non-personal use vehicles, used by law enforcement officers. Personal use must be incidental to law-enforcement functions, such as being able to report directly from home in an emergency situation.

 B.All other personal use of District-owned vehicles, such as commuting to and from work, is prohibited, unless authorized by the Superintendent. The value of any personal use will be reported annually on the employee’s W-2 as taxable income, subject to current Internal Revenue Service rules.

Temporary Facilities

The Superintendent may lend temporary relocatable buildings to governmental agencies as follows:

 A.The period of use will be for one (1) year with an option to renew for an additional year, but not to exceed a combined period of three (3) years.

 B.The use of the temporary relocatable building shall be that of the primary governmental unit requesting the agreement and for a purpose not in conflict with any Board policies.

 C.Preference shall be given to governmental agencies that provide a primary or secondary service to the District.

 D.There shall be no expense to the Board for the maintenance and care of the facility during the use period, and it shall be returned at the end of the use period in like or better condition. Expenses incurred by the Board in relocating a building shall be reimbursed by the requesting governmental agency.

Should all or any part of the District's community be struck by a disaster, the Board shall make District grounds and/or facilities available, for housing, feeding, and care of victims or potential victims when requested by local, County, State, or Federal governmental authorities.

The Superintendent shall develop administrative procedures for granting of permission to use District facilities including a schedule of fees. Such procedures are to include the following:

 A.Each user shall present evidence of organizational/general liability insurance to the limit prescribed by the District's administrative procedures.

 B.Use of school equipment in conjunction with the use of school facilities must be requested specifically in writing, and may be granted by the procedure by which permission to use facilities are granted. The users of school equipment must accept liability for any damage or loss to such equipment that occurs while it is in their use. No item of equipment may be used except by a qualified operator.

 C.Users shall be liable financially for damage to the facilities and for proper chaperonage.

Exceptions

Exceptions may be made on an individual basis, as determined by the specific merits of each activity. Requests for such exceptions must be addressed to the Deputy Superintendent School Operations for evaluation and decision.

Liability

No liability shall attach to the District, or any of its employees and officers, specifically as a consequence of permitting access to these facilities.

F.S. 1013.10

Revised 6/18/14

© Miami-Dade 2014