Cobb County School District Administrative Rules

RATIONALE/OBJECTIVE:

The Cobb County School District (District) recognizes that school facilities are substantial investments that should serve many community needs. Therefore, the District encourages community use of school facilities consistent with the requirements of applicable law. Commercial use of school facilities is prohibited. School use of facilities as outlined in Section A (below) shall take priority over all outside use.

RULE:

A. SCHOOL USE:

School use consists of the normal school day plus all school-sponsored activities

approved by the principal or designee that occur outside the normal school operating

hours including, but not limited to, the following:

1. Student activities conducted by contract between the school and a vendor.

2. Faculty/staff activities, whether initiated by the school administration or employees;

3. Activities permitted by Administrative Rule JJE (Student Activities: Fund Raising

Activities);

4. Activities permitted by Administrative Rule KH (Solicitation and Advertising on School

Property); and

5. Activities of school clubs and student organizations as defined in Administrative Rule JJ

(Student Activities: School Clubs/Organizations and Student Organizations).

B. COMMERCIAL USE:

No “for-profit” organizations or vendors may use a facility or field unless they:

1. Are part of the school’s use of the building as provided in Administrative Rule KH

(Solicitation and Advertising on School Property);

2. Are providing an approved fund-raiser as provided in Administrative Rule JJE

(Student Activities: Fund Raising Activities).

C. COMMUNITY USE:

The following regulations govern the use of District facilities by community groups and

organizations:

1. General Facility Use Guidelines:

a. Nothing herein shall be construed to prohibit the CCSD Department of Public Safety

or other public safety/law enforcement personnel, or any department of the

District, its agents or employees, from entering the premises for the purpose of

discharging their lawful duties.

b. In the discretion of the District, groups or organizations may be required to obtain

liability insurance covering their use of District facilities in an amount set by the

Facility Use Office.

c. The groups or organizations hereby release the District and its employees from

any and all damages to persons or property during its use of said building,

grounds, and equipment. Groups or organizations also agree to indemnify and
hold harmless the District and its agents, against any and all claims which may be

made against the District, or its agents, for property damage or personal injuries

sustained by any persons including groups or organizations and groups’ or

organizations’ privies, which may result from the use of said building, group or

equipment by groups or organizations. The indemnifications herein agreed to by

the groups or organizations shall include use of said building, group or equipment

by groups or organizations. The groups or organizations shall agree to indemnify

the District for any and all claims against Cobb County School District or any of its

agents, servants, volunteers, or employees, however caused.

d. The individual who signs the facility use contract or representative shall:

(1) Arrive at the facility prior to the arrival of participants; and

(2) Remain at the facility until all of the participants have vacated and all

equipment has been removed.

e. The District reserves the right, without notice, to cancel this contract at any
time whatsoever if, in the determination of the District:

(1) Cancellation is necessary to protect the health, welfare, morality, or safety of

the public; or

(2) If the premises are used for any purpose other than that specified in the

contract; or

(3) If a group’s or organization’s use constitutes a nuisance; or

(4) If a group’s or organization’s use is in any way in violation of the laws or

ordinances of Cobb County or the State of Georgia; or

(5) If the facilities and premises would be adversely affected by tenant's use,

such adverse use not being contemplated upon the execution of this contract;

(6) The facility is needed for local school needs for school related activities; or

(7) The group or organization violates any requirement of this Administrative Rule.

(8) Groups must read and agree that in the event of a cancellation of contract,

the group or organization shall have no claim of any character against the

District by reason of such cancellation.

2. Categories of Use:

Facility use shall be divided into two (2) categories: Category I and II. Only groups

falling within these two categories shall be eligible for use under this policy.

a. Category I Groups:

(1) Definition of Category I Groups:

Category I Groups are defined as school related groups who have been

granted continued use by the Cobb County School District and are limited to

the following:

(a) School Support Organizations:

1) PTA/PTSA's;

2) Booster Clubs;

3) Foundations established for the purpose of assisting the District and/or

District Schools and recognized as tax-exempt under Internal Revenue

Code Section 501(a)(3);

(b) Boy Scouts, Girls Scouts, and any group officially affiliated with these

groups;

patriotic society that is intended to serve young people under the age of

21, (“Title 36 youth group”) or any group officially affiliated with any Title

36 youth group;

(d) The School Council;

(e) Sports feeder programs, participation in which is limited to students

within the school’s attendance area, including 6th, 7th and 8th grade

sports, cheerleading and youth track associations; and

(f) Governmental boards of election for polling and election purposes.

(2) Category I Contract Requirements:

(a) Category I groups are required to execute a contract only:

1) If the principal cannot provide adequate group supervision or needs of

the group (Form KF-2); and/or

2) If the school support organization is contracting with an outside group

for specific and approved fundraising activities (Form KF-6)

(See Administrative Rule JJE [Student Activities: Fund Raising Activities]).

(b) The Principal shall have the sole discretion to determine whether group

supervision is required. Exception: If the kitchen is used, a food

service worker must be paid at a rate of time and a half of their regular

salary. (See Administrative Rule EF.)

group has the option to use the facility on a paid basis through the

office of the Facility Use Coordinator.

(d) Category I groups will complete a Schedule of Use (Form KF-1) with
the local school principal if a Facility Use Contract (Form KF-2) is not

required.

(3) Category I Fees Required:

(a) Category I groups are not required to pay any facility use fees unless

supervision and/or custodial services are required.

(b) Fees required as set forth in the facility use fee structure for Essential

Personnel Only.

(4) Category I Fundraising Activities:

(a) Category I organizations may collect membership dues during their

regularly scheduled use of school facilities.

(b) As provided in Administrative Rules JJE (Student Activities: Fund

Raising Activities) and KH (Solicitation and Advertising on School

Property), school support organizations may:

1) Conduct fundraisers using school facilities.

2) Contract with outside groups for specific fundraising activities. (See

Administrative Rule JJE [Student Activities: Fund Raising

Activities]).

(Student Activities: Overnight Activities Held in the School Building).

Additional requirements:

1) The activity must coincide with the school or school support

organization hosting the event (i.e., basketball booster club hosting a

basketball tournament).

2) The school or school support organization hosting the event:

a) Should obtain proper references regarding the group being hosted

before scheduling the event;

b) Must execute a Facility Use Contract; and

c) Is responsible for providing supervision, clean up, and security for

the event as required and approved by the Principal.

(5) Category I Non-assignment of Scheduled Use:

(a) Other than as specifically provided herein, Category I groups may not

assign facilities use to other parties or organizations.

(b) If school support organizations contract with outside groups for specific

and approved fundraising activities:

1) Those outside groups shall not assign use of school facilities to any

other outside group.

2) The school support organization may use, allow, or cause the facilities

to be used only in a manner approved pursuant to this Rule, Rule JJE,

and Rule KH (Solicitation and Advertising on School Property).

b. Category II Groups:

(1) Definition of Category II Groups:

Category II groups are defined as any and all non-profit youth and adult

groups and organizations not included in Category I.

(2) The Group representative/s of the Category II group must read and agree to

the following requirements and procedures:

(a) Category II Contract Requirements:

All Category II Groups are required to:

1) Execute a contract with the Facility Use Office (Form KF-2); and

2) Pay all use fees according to the current fee structure.

(b) Category II Fees Required:

Category II Groups are required to pay all fees as set forth in the facility

use fee structure.

1) Groups or organizations agree to abide by the following:

a) No fees or charges may be collected which are associated with

participation in events in the facility or on the fields contracted.

b) No donations will be collected before, during or after an event

which in any way involves the use of the facility or field.

c) No “for-profit” organizations may use a facility or field.

2) Exceptions:

a) Category II Youth Groups and Sports Association Organizations are

eligible to:

i. Collect membership dues during their regularly scheduled use of

school facilities.

ii. Charge fees for tournaments.

iii. Provide concessions if approved, in writing, by the principal. If

the principal approves the concessions, he/she may also charge

additional Custodial Fees.

iv. Use school facilities for pictures/videos.

b) Organizations who have contracted to use school facilities as

temporary locations for religious services may collect offerings,

donations, and contributions during the time of their regularly

scheduled use of school facilities.

c) Accredited colleges and universities who have contracted to use

school facilities for classes which include District employees as

students may charge their normal and customary tuition and fees

for the courses offered.

3) Upon finding any action contrary to the above statements, the Facility

Use Coordinator will recommend to the Chief Operations Officer the

cancellation of the group’s facility use contract.

(d) Category II Non-assignment of scheduled use:

Category II groups may not assign contracted time to any other group.

(e) Exclusive Use by a Category II Group:

A school facility will not be assigned exclusively to one group if more than

one eligible group requests the use of the same facility.

(f) Duration of Category II Contracts:

Use of Cobb County School District facilities by a Category II group may

be granted for a maximum period of one year of facility use, subject to

additional extensions.

(g) Category II Application Procedures:

Applications (Form KF-5) for use of facilities may be obtained by clicking

on this link or contacting the Facility Use Office. The following information

will be required:

1) First, second and third choice of school locations requested;

2) Number of classrooms and/or cafeteria/commons and/or

theater/gymnasium areas needed;

3) Time/day facility is needed;

4) Type equipment needed and any necessary setup;

5) Total number of participants using the facility; and

6) The name, address and telephone numbers (home, work, cell and fax)

of the individual/s who will be responsible for:

a) Negotiating and signing the contract.

b) Writing checks.

c) Answering financial questions.

d) Handling any circumstances that may arise from use of said

facility.

(h) Category II Facility Use Guidelines:

1) Proof of Non-Profit Status:

a) Prior to finalizing any Facility Use Contract (Form KF-2) or Field Use

Agreement (Form KF-3), the Facility Use Office may, on behalf of

the District, request:

i. An audited copy of the group’s or organization's financial

statement; and/or

ii. A copy of the group’s or organization's 501 (c)(3) certificate.

b) If the group or organization fails to provide this documentation

when it is requested by the District, no contract will be completed.

2) Facility and/or field use will be finalized when the individual responsible

for the request agrees to all terms of use included in this

                           Administrative Rule and the appropriate Use Agreement
                            (e.g., KF-2 [Facility Use Contract]; KF-3 [Field Use Agreement]) and
                             signs the respective Use Agreement.

(i) Category II Contract Cancellation/Change:

1) Cancellation/Change by the District: Any individual, group or

organization abusing or misusing the facility or violating any of the

terms of this Administrative Rule may be denied further use of all

facilities or fields of the Cobb County School District. Misuse and

abuse include but are not limited to:

a) Causing damage to school or school employee property;

b) Causing damage to school or school employee equipment; and/or

c) Failure to pay any required fees.

2) Cancellation/Change by the Group/Organization:

a) Groups or organizations have the right to cancel or request a

                               change to their Facility Use Contract by submitting to the Facility
                                 Use Office a written notice of cancellation or request for change
                                 at least five (5) school days in advance.

b) If written notice is not received as stated, groups or organizations

will be responsible for charges incurred until the five day notice has

been satisfied.

c) All changes are subject to approval of school principal.

d) In the event of inclement weather, if Cobb County schools are

closed:

i. The decision to close schools is made by District officials.

ii. All Facility Use activities, facilities and fields will also be closed.

iii. If schools are closed on Friday, all weekend Facility Use is

cancelled even if weather conditions improve.

iv. An exception will be made for religious services if the Facility

Use Supervisor agrees that conditions at the specific site are

safe enough for the services to be held.

3. Prohibited Activities:

The District reserves the right to prohibit certain activities relating to facility use.

Such prohibitions include, but are not limited to:

a. No advertising, materials or broadcasts shall name the facility, Cobb County

School District, or any building or grounds either owned or operated by the District

prior to the approval of the use of the facility in accordance with this Rule.

b. No outdoor sports (e.g., such as baseball, softball, lacrosse and soccer) will be

allowed in indoor facilities.

c. No facility sidewalks, fire lanes, passageways, halls, stairways, seating and exits

shall be obstructed by the group or any other person’s equipment or vehicles.

d. No person shall be permitted to bring into the facility or keep therein anything

which shall increase the rate of fire insurance on the facility. All decorative

material must be flame-proof.

e. No nails, tacks, staples, brad, or other things shall be driven into any portion of

the facility.

f. No changes, alterations, repairs, painting, staining or any other action that may

change the finish, appearance or contours of the facility will be permitted without

permission of the principal.

g. No animals, excluding those used for health reasons, like seeing eye dogs, and

drug detecting dogs, shall be brought into the facility without the express consent

of the District, and then only under such regulations as may be made by the

District.

h. No tobacco products, alcoholic beverages, and controlled substances, as listed in

the Georgia Controlled Substances Act, O.C.G.A ' 16-13-25 et seq., are permitted

in or on District facilities or grounds.

i. No gasoline, explosives, oils, or artificial lights shall be brought into or onto District

buildings or grounds without the District’s written permission. If the District

provides said written permission, the Administration reserves the right to limit the

number, amperage and wattage of lights, fixtures or equipment for any event.

4. Facility Use Fees:

a. Category I Groups and Organizations:

(1) Building Use (if the school can accommodate the request): No Fee.

(2) Building Use (if the school cannot accommodate the request):

(a) Supervision (Essential Personnel Fee):

1) $25 per hour.

2) Minimum charge of three (3) hours.

(b) Supplemental Supervision (if necessary): $25 per hour.

(d) Utilities: No fee. Exception: Kitchen utility fees will be determined by Food

Service Management. (See Administrative Rule EF.)

b. Category II Groups and Organizations:

(1) Building Use Fees and Available Times:

(a) Monday-Friday (5:45-11p.m.), Saturday (7a.m-11p.m.):

1) Use Fee (including Supervision):

a) $35 per hour.

b) Minimum charge of three (3) hours.

2) Utilities:

a) Large Area $12 per hour.

b) Small Area $3 per hour.

(b) Sundays (7a.m.-11p.m.):

1) Use Fee (including Supervision):

a) $50 per hour.

b) Minimum charge of three (3) hours.

2) Utilities:

a) Note: Kitchen utility fees will be determined by Food Service

Management.

b) Large Area $12 per hour.

c) Small Area $3 per hour.

(2) Building Use Fees and Available Times (Sports Related Gym Use):

(a) Monday-Friday (5:45-11p.m.), Saturday (7a.m.-11p.m.), Sunday (12-8

p.m.):

1) Use Fee (including Supervision):

a) $25 per hour.

b) Minimum charge of three (3) hours.

2) Utilities: No fee.

(3) Field Use:

(a) Field Lights (Stadiums and/or fields with lights): $20 per hour.

(b) Adult Sports Activities: $100 per use.

(4) Additional Fees:

(a) Custodial Fees (number of hours determined by local school): $25 per hour.

(b) Supplemental Supervision: $25 per hour.

(d) Sound and/or Lighting Technician (if required): $25 per hour.

(e) Food Service Personnel (if required): Time and a half of regular salary. (See

Administrative Rule EF.)

(f) School Equipment: Use of school equipment and associated fees for use of

school equipment will be at the discretion of the principal.

Approved: 8/12/70
Reclassified an Administrative Rule: 9/1/04
Revised: 8/10/77; 1/26/84; 8/8/84; 1/10/90; 12/14/94; 10/09/96; 9/8/04; 4/13/05;
8/10/05; 1/26/06; 7/13/06; 2/14/07; 9/12/07; 11/14/07; 3/12/08