Morgan County Schools
Bylaws & Policies


The County Board of Education ("County" or "Board") believes that the grounds and facilities of this Board should be made available for organized community activities and for nonorganized recreation, provided that such use does not infringe on the original and necessary purpose of the property or interfere with the educational program of the schools and is harmonious with the purposes of this County.

The Board will permit the use of Board grounds and facilities for organized community activities when such permission has been requested in writing by a responsible organization or a group of citizens and has been approved by the Superintendent.

Board grounds and facilities shall be available for the below-listed uses. When there are competing interests, approval will be given according to the following priorities:

 A.uses directly related to the schools and the operations of the schools

 B.meetings of employee associations

 C.uses for voter registration and elections

 D.departments or agencies of the municipal government

 E.other governmental agencies organizations or groups of individuals formed for charitable, civic, social, religious, where permitted by law, recreational, and educational purposes

Facilities shall not be made available to commercial or profit making organizations or individuals offering services for profit. The foregoing notwithstanding, for the purposes of this policy, any photographer properly engaged to take school-related photographs shallnot be prohibited from using school facilities under this policy or otherwise.

The use of County grounds and facilities shall not be granted for any purpose which is prohibited by law.

Should all or any part of the County's community be struck by a disaster, the Board shall make County grounds and/or facilities available, at no charge, for the housing, feeding, and care of victims or potential victims when requested by local, State, or Federal authorities. The Superintendent should meet with the Office of Emergency Management to establish a disaster preparedness plan in order to ensure that proper procedures are established to minimize confusion, inefficiency, and disruption of the educational program.

Board property may not be used for advertising of any tobacco or alcohol product. This shall apply at all times to any building, property, or vehicle leased, owned, or operated by the Board. Groups using Board property shall sign agreements with the Board agreeing to comply with this ban on advertising tobacco and alcohol products and to inform students, parents, and spectators by public address systems, if available, that this ban remains in force on evenings, weekends, and other times that school is not in session. A summary or copy of this ban on advertising tobacco and alcohol products shall be attached to all requests for use of school facilities.

Students, parents, and spectators will be informed by public address systems that State Board policy 4373 remains in force on evenings, weekends, and any other time that school is not in session.

The Superintendent shall develop administrative guidelines for the granting of permission to use County facilities including a schedule of fees that, together with the costs used to determine such fees, must be approved by the Board. Such guidelines are to include the following:

 A.Each user shall present proof of the purchase of a contract of insurance which:

  1.provides general comprehensive liability coverage of any claim, demand, action suit, or judgment by reason of alleged negligence or other acts resulting in bodily injury or property damage to any person arising out of the use of County grounds and/or facilities; in an amount not less than $1,000,000 for each occurrence, and an amount of excess coverage of at least $5,000,000 for each occurrence.

 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 is 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. Where rules so specify, 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.

Notwithstanding any of the foregoing, no liability shall attach to this County, or any of its employees and officers, specifically as a consequence of permitting access to County grounds or facilities. Those persons or groups granted permission to use County grounds or facilities pursuant to this policy shall agree to indemnify the County and hold it harmless for any liability arising out of their use of those grounds or facilities.

West Virginia State Board of Education policy 4373
WV Code 18-5-19 and 18-5A-2(k)(5)
Evans v. Hutchinson, 158 WV 359, 364 (1975)(citing 50 Op. WV Att'y Gen. 205(1963))

Revised 8/7/12
Revised 12/18/15

© Neola 2015