In an effort to be a good community partner, the school board recognizes that use of the district’s facilities and/or grounds by outside organizations or school based organizations can benefit the general public as well as the school district.

I.     Definitions:

a. Non-profit organizations – the civic, religious, government, or community organizations that qualify as 501-C-3 non-profit, as defined by the Internal Revenue Service.

b. Outside organizations – the organizations not related by the existence of the school, including for-profit users, community groups, governments, and non-profit users.

c. School based organizations – the volunteer organizations directly related to the existence of the school, including booster clubs, parent-teacher organizations or associations, etc.

d. Athletic Department – the district’s department which has oversite of Birmingham City Schools’ athletic school programs.

e. Child Nutrition Program (CNP) –the district’s Child Nutrition Program which oversees federal, state and local compliance issues focused on food service at the school level.

II.    Permitted Use:

a. Permission to use Birmingham City Schools’ facilities and/or grounds may be granted to non-profit organizations, to outside organizations and to school based organizations (see Section I for definitions of these organizations referenced).

b. The facilities and/or grounds are approved to the designated applicant group only and for the specified duration as indicated on the district’s facilities and/or grounds usage application forms.

c. The school’s facilities and/or grounds can only be used solely for the purpose described and requested on the facilities and/or grounds usage application forms.

d. All outside organizations using school facilities shall pay the Board for the designated amount of funds as determined under the Birmingham City Schools fee structure for desired school rooms and/or grounds.

e. All users will be charged for any and all additional services provided or damage incurred while using the facilities and/or grounds. Additional services may include, but are not limited to, custodial services, child nutrition services, security services, etc.

f. A school district employee approved by the principal is required to be on the premises while the facilities and/or grounds are being used. The applicant must underwrite the cost of any non-certified personnel at one and one half the daily rate of pay for the non-certified worker(s). The payment must be in the form of a money order or cashier’s check made out to Birmingham City Schools.

g. Principals are accountable for the school facility and campus. Regular school activities do not require a facilities and/or grounds usage form when held during regular school hours (6:30 a.m. – 5:00 p.m.)

h. A principal may schedule school related activities after school hours, such as PTA meetings, etc. A facilities usage form is required. The principal or his designee should be on-site during the activity.

III. Prohibited Use:

a.         Organizations and/or groups who advocate causes or beliefs that are unlawful or clearly hostile to our school district’s core values, goals and/or curriculum will not be granted facility or grounds usage.

b. School facilities and/or grounds cannot be used for:

·   Partisan political meetings

·   Religious meetings, unless prior approval of Superintendent is granted;

  • Promulgating any theory or doctrine subversive to the laws of the United States or any political subdivision thereof advocating governmental changes by violence;

·   Any activity that may be in violation of the canons of good morals, manners, or taste or that may be injurious to the buildings, grounds, or equipment;

·   Any purpose in conflict with school activities;

  • Fund-raising campaigns except for direct service to the schools or pupils thereof or for campaigns approved by the Superintendent; 

·   Commercial advertising unless prior approval by the Superintendent; 

  • Any activity deemed inappropriate by the Superintendent;

·   Gambling is not permitted at any Birmingham City Schools’ facility or on the grounds of any Birmingham City Schools’ facility;

·   Smoking and/or the use of alcoholic beverages in or on Birmingham City Schools’ facilities or grounds is prohibited by law.

IV.  Time of Use

All scheduled activities must end by 10:30 p.m.

V.    Availability

School facilities and/or grounds exist to support our primary function – public education and their use for other purposes must not detract, either in time or depreciation from the primary function.

VI. Behavioral Guidelines on School District Property

Any organization or group using Birmingham City Schools’ facilities and/or grounds must comply with the behavioral guidelines outlined below without exception. All activities must have competent, adult supervision and maintain orderly behavior with the organization using the facilities assuming responsibility for overseeing and controlling participants, sponsors, spectators and visitors that are in or on district property as a result of or in connection with the organization’s use of the property. Therefore, the guidelines must be enforced by the organization at all times, otherwise the user will breach the user agreement:

a. Any and all tobacco, alcohol and illicit drugs or paraphernalia are prohibited on all school district property

b. No custodian is permitted to open the school facility or entrance to the grounds after hours unless directed by the principal of the school. If this act makes the employee work hours exceed forty (40) hours for his/her work week, time and one-half must be paid at their daily rate of pay. All overtime requests require prior approval by the Superintendent.

c. All vehicles (cars, buses, trucks, vans, etc.) must park in clearly marked parking spaces. Parking is NOT permitted on playing fields or lawns.

d. All trash and debris must be picked up and disposed of properly during and/or immediately after the event.

e. The organization’s representative identified as the key contact or designee will need to canvass the property with the designated Board employee to make sure it is secured and left in the same condition it was found.

f. The principal shall ensure compliance with district procedures developed for facilities and/or grounds usage when outside activities are scheduled to use the school facilities and/or grounds.

g. Community usage shall not interfere with regular school programs, school activities or school functions.

h. All users must comply with district policies and the Code of Student Conduct for all users 18 years and younger.

i. Use of a school’s kitchen equipment for food preparation requires the user to fund the service of a district approved child nutrition program employee at one and one half time their daily rate of pay. The fee should be paid to the district’s Finance Department. The fee must be in the form of a money order or cashier’s check made out to Birmingham City Schools.

j. All outside organizations using district facilities and/or grounds must execute an Indemnification and Hold-Harmless Agreement which shall hold the school district/Birmingham Board of Education harmless from any claims, injuries or damages occurring while the organization is on the premises and the applicant shall complete a lease agreeing to the conditions and terms set forth therein.

k. All facility use agreements by outside organizations for an extended period of time ranging from one month to a year require superintendent approval. All active use agreements will remain in effect until the expiration date or a breach of contract by the user.

l. All policies and fire department ordinances as well as federal, state and local laws regarding public assemblies must be complied with by the users.

m. No food, soft drinks, ice cream, etc. are permitted in the school’s theater and auditorium.

n. When a specific area (or areas) is reserved for a group or organization, no other area is permitted for usage except for the lavatories.

o. District furnishings or equipment may not be moved by groups or organizations using district facilities and/or grounds. Facilities and/or grounds must be left in the order in which they were found.

VII. Presence of Board of Education Representative

a. For after hour school meetings, the principal or an appointed designee and a member of the regular custodial staff shall be present in the building is being used.

b. For non-school meetings, a Birmingham City Schools regular custodial staff employee(s) must be present and in the building during the entire time of any meeting or event held at a school or on school grounds. It is a part of the custodial employee(s)’ duties to inspect the building and/or grounds carefully before locking up and securing the area after all meetings or events. No one except qualified personnel from the district’s facilities and maintenance department, and individuals appointed by the school’s principal shall be allowed to operate lights, public announcement (p.a.) systems, make changes to electrical equipment or adjust district equipment in any way.

c.   For any non-school meeting or event, all non-exempt district employees (child nutrition workers, custodians, etc.) must be paid time and one half for work performed. Please refer to the fee schedule for more details.

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