POLICY TITLE: Rental/Use of School District Facilities POLICY NO: 901

General Requirements

1. The superintendent of schools is hereby authorized to determine rental fees to be assessed for the usage of school facilities and property and may establish procedures for such usage. The superintendent also has the authority to reject any or all applications for rental or use of district facilities.
2. School district equipment or property shall not be loaned to individuals or organizations unless such a loan is part of an agreement for rental or use of district facilities. Nothing in this policy shall prevent the school district from loaning equipment to other taxing units or other agencies in emergency situations.
3. The approved applicant must agree to:

1. Save and hold harmless the district;
2. Assume full responsibility for all liabilities arising incident to occupancy or use; and
3. Repair or replace any damage to the facility or equipment incurred as a result of use or rental.

1. An extra hourly overtime rate may be charged for supervision and/or custodial services.
2. A cleaning deposit may be required at the discretion of the building supervisor.
3. The district reserves the right to refuse rental of any facilities at its discretion.
4. The following activities shall not be allowed on district property:

1. No consuming or using tobacco, alcohol or drugs;
2. No engaging in games of chance or any activities that suggest gambling or games of chance unless the activity has been approved by the Idaho Lottery Commission; and
3. No teaching or promoting of any activity that is intended to disrupt or damage the district. Additional restrictions on use of district facilities and equipment:
4. Any special decorations shall be erected in a manner approved by the fire marshal and the district. Removal must be completed immediately following the function.
5. The selling or consuming of food or drink in auditoriums, gymnasiums or other sitting areas must be approved by the superintendent.
6. The use of any special equipment must be identified in the application and, if necessary, may require district personnel to operate. Overtime compensation shall be paid by the applicant.
7. The applicant may be required to provide supervision and police security, as determined by the superintendent.

The requesting organization or individual granted use shall follow all policies, rules, and regulations of the board regarding the use of district property or facilities and the conduct of persons in or on district property or facilities, whether now or hereafter adopted.

The use of the property or facilities will not, in any way, interfere with the operations of this district or any of the programs or activities of the district. If required for district purposes, it is understood that the right is reserved to withdraw or rescind the grant of the use of the property or facilities on short notice. The board assumes no responsibility for properties left on the premises by the applicant. The board or its representatives shall have free access to all rooms at all times.

Cafeteria kitchens may not be used without the employment of authorized district personnel for supervision purposes.

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ADOPTED: July 8, 1996

LEGAL REFERENCE:

Idaho Code Section 33-601(7)

POLICY TITLE: Trespass on School District Properties POLICY NO: 903

The buildings and grounds owned by the district shall be used for educational purposes or for public purposes as approved by this board or its authorized representatives.

Any person who comes onto district property and who disrupts the educational processes, or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the students, shall be removed.

All persons visiting school buildings or school grounds shall report immediately to the school office prior to preceding to any classroom or activity.

Unauthorized persons shall not be permitted in school buildings or on school grounds. School principals and the Building Supervisor are authorized to take appropriate action to prevent such persons from entering buildings or from loitering on grounds. Such persons shall be prosecuted to the full extent of the law.

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ADOPTED: July 8, 1996

LEGAL REFERENCE:
Idaho Code Section 33-512(11)

POLICY TITLE: Uniform Public School Building Safety POLICY NO: 904 

It is the policy of the board of trustees to assure the safety of students, staff, and visitors who use the school buildings of this district, and to provide a safe environment conducive to learning.  The board will ensure compliance with the provisions of the Idaho Uniform School Building Safety Act, which applies to all existing district public school facilities, or those constructed in the future and which are owned, leased, or used for the district’s educational purposes. 

Personnel, students, and visitors who believe that a building, facility, or grounds, or use thereof, is unsafe are encouraged to report such concerns to the building principal’s office.  Such reports will be investigated within a reasonable time and corrected as determined to be necessary to protect students, personnel, and visitors from unsafe conditions. 

DEFINITIONS 

“Administrator” means the administrator of the State of Idaho Division of Building Safety. 

“Imminent safety hazard” means a condition that presents an unreasonable risk of death or serious bodily injury to occupants of a building. 

“School facilities” include school buildings, administration buildings, playgrounds, athletic fields, and improved or unimproved real property, owned or operated by the district, which are used by students or personnel in the normal course of providing an educational program.  School facilities do not include those areas, buildings, or parts of buildings closed from or not used in the normal course of the educational program. 

“Serious safety hazard” means a condition that presents an unreasonable health risk or risk of injury to occupants of a building. 

INSPECTION 

The board will require an annual inspection of the district’s school facilities, conducted by an independent inspector professionally qualified to conduct inspections under the applicable codes, or pursuant to Idaho Code Section 39-4130.  Such inspection will address whether the school facilities comply with safety and health standards, including applicable electrical, plumbing, mechanical, elevator, fire safety, boiler safety, life safety, structural, snow loading, and sanitary codes, as adopted by or pursuant to the Idaho Building Code Advisory Act.  

Additionally, the board will cooperate with the administrator or designee and allow entry to the school facilities at reasonable times, for the inspection of such facilities for compliance with the Idaho Uniform School Building Safety Act. 

ABATEMENT 

The board will identify any unsafe or unhealthy conditions in the school facilities, and direct personnel to take the necessary steps to abate any identified unsafe or unhealthy conditions.  The board will issue a report, as required by the State Board of Education, in the same year that the inspection(s) is made declaring any identified unsafe or unhealthy conditions which were not abated. 

The district will use available funds to abate all identified unsafe or unhealthy conditions.  The district need not separately account for the costs of abatement, and is not obligated to segregate funds used for abatement. 

PLAN OF ABATEMENT 

If adequate funds are not available to abate all unsafe and unhealthy conditions, the board will direct that a plan for abatement be developed and implemented immediately.  The plan must include a timetable for commencement of the abatement beginning no later than the following school year and specify the funds from which the district will finance the abatement, in accordance with Idaho Code Section 33-1613.  The board may finance the abatement plan through any of the following sources:  unencumbered lottery money, levies, a loan or grant from the School Safety and Health Revolving Loan and Grant Fund, or declaration of a financial emergency. 

The board will separately account for and document all costs of implementing the plan of abatement with regard to each unsafe or unhealthy condition identified.   

VIOLATIONS NOT CONSTITUTING A SERIOUS OR IMMINENT SAFETY HAZARD 

Upon receipt of written notice from the administrator or designee that the violation of the Idaho Uniform School Building Safety Act does not constitute a serious or imminent safety hazard, the superintendent will take appropriate remedial action within the time frame set forth in the notice and notify the board of the notice and action taken at the next regularly scheduled board meeting, or earlier, if appropriate.  

VIOLATIONS CONSTITUTING A SERIOUS SAFETY HAZARD 

Upon receipt of written notice that, relative to any district building, the administrator found a violation of the Idaho Uniform School Building Safety Act, which constitutes a serious safety hazard, the superintendent will eliminate the condition within the specified time frame.  In the event the superintendent believes that it is in the district’s best interest to contest the administrator’s findings, the superintendent is authorized to file a request for a hearing on the matter within fourteen (14) days of the date the administrator’s written order or notice was issued. 

VIOLATIONS CONSTITUTING AN IMMINENT SAFETY HAZARD 

Upon receipt of written notice from the administrator or designee that an imminent safety hazard exists in a school facility, the superintendent will immediately schedule a board meeting to review the matter and require all changes necessary to eliminate the imminent safety hazard.  Such changes will be made without delay, and within the time specified in the administrator’s written notice or order. 

If the imminent safety hazard is not corrected, or cannot be corrected in the specified time, or if the administrator determines that the imminent safety hazard could reasonably be expected to cause serious physical harm or death before the hazard can be eliminated and orders that all persons no longer occupy the building, the superintendent or designee will assist the administrator as necessary to post notice on such areas to prevent unauthorized people from entering the area where the imminent safety hazard exists. 

CORRECTIVE ACTION 

All buildings owned by the district will be inspected annually by the local fire department. 

The maintenance staff will survey the school buildings, facilities, and grounds at reasonable intervals to determine whether or not a safety concern exists.  A log will be kept of the inspections.  All minor safety concerns will be prioritized and corrected, as determined necessary to protect students, personnel, and visitors from unsafe conditions.  Any corrective action taken on minor safety concerns, or any determination to delay corrective action will be documented by the maintenance staff.  Major safety concerns will be reported to the building principal’s office.  The corrective action taken, or determination to delay corrective action, will be documented by the school principal or superintendent. 

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LEGAL REFERENCE:

Idaho Code Sections

33-1017

33-1612

33-1613

39-1430

Chapter 39, Title 80 Idaho Code

Chapter 52, Title 67 Idaho Code

IDAPA 08.02.03.600

ADOPTED:   May 8, 2001

AMENDED:  May 14, 2002

AMENDED:  April 8, 2003

The board of trustees of this district may designate and purchase any real property necessary for school purposes or in the operation of the district, or remove any building, or dispose of any real property.  The board will have the value of such property determined by an appraisal conducted by a State of Idaho certified appraiser within one (1) year prior to any purchase or disposal, and will place the results of the appraisal in the board’s records. 

SELECTION OF PROPERTY SITES 

The board will determine the size of the site necessary for school purposes.  All preliminary discussions concerning site acquisitions will be conducted in executive sessions of the board. 

The site will be located within the incorporated limits of any city within the district; provided, however, that if this board finds that it is not in the best interests of the electors and students of the district to locate the site within the incorporated limits of a city, the board, by duly adopted resolution setting forth the reasons for its findings, may designate a site located elsewhere within the district.  

SALE OF REAL PROPERTY 

The board, by deed, bill of sale, or other appropriate instrument, may convey all of the estate and interest of the district in any real property. 

The property may be sold at public auction or by sealed bids, as the board determines, to the highest bidder.  The property may be sold for cash or for such terms and conditions as the board will determine for a period not exceeding ten (10) years, with the annual rate of interest on all deferred payments not less than seven percent (7%) per annum. 

The title to all property sold on contract will be retained in the name of this district until full payment has been made by the purchaser, and title to all property sold under a note and mortgage or deed of trust will be transferred to the purchaser at the point of sale under the terms and conditions of the mortgage or deed of trust as this board will determine. 

Notice of the time and the conditions of such sale will be published twice, and proof thereof made, in accordance with Idaho Code Section 33-402(g) and (h).  However, when the appraised value of the property is less than one thousand dollars ($1,000), one (1) single notice by publication will be sufficient and the property will be sold by sealed bids or at public auction. 

The board may accept the highest bid, may reject any bid, or reject all bids.  If the real property was donated to the district the board may, within a period of one (1) year from the time of the appraisal, sell the property without additional advertising or bidding.  Otherwise, the board must obtain new appraisals and again publish notice for bids, as before.  If, thereafter, no satisfactory bid is made and received, the board may proceed under its own direction to sell and convey the property.  In no case will any real property of the district be sold for less than its appraisal.  

EXCHANGE OR TRANSFER OF REAL PROPERTY 

The district’s real property may be exchanged for other property. 

TRANSFERS TO/FROM GOVERNMENTAL AGENCIES 

This district may convey or transfer real property to, or receive real property from, another governmental agency, the United States, State of Idaho, or any city, county, hospital district, other school district, library district, community college district, or recreational district with or without consideration.  The district’s conveyance or transfer of real property to another governmental agency may be made without consideration or payment when the board determines such conveyance is in the best interest of the district.  

Prior to any conveyance or transfer of any real property, the value of the property will be established by an appraisal conducted by a State of Idaho certified appraiser.  The board will retain the appraiser and will document the appraisal results in the board’s records.  The board and the other governmental agency shall enter into a written agreement, setting forth the terms of the conveyance or transfer.  Notice of the general terms of the agreement shall be published for two (2) consecutive weeks in a newspaper printed or of general circulation in the county or counties in which the district and the other governmental agency are located and having general circulation within such county or counties.  The notice shall state the time and place of the next regular or special meeting of the board of trustees of the district and the board of the other governmental agency at which the respective boards propose to ratify the agreement.  Additionally, the board shall, by a vote of one-half (1/2) plus one (1) of the members of the full board, by resolution duly adopted, authorize the transfer or conveyance of any real property owned by the district. 

No agreement entered into for the conveyance, transfer, or exchange of real property between the district and another governmental agency shall be valid unless the agreement is approved by a two-thirds (2/3) vote of each governing body at a properly noticed meeting, except no approval shall be required from the United States or the State of Idaho. 

EASEMENTS 

The board may also convey rights-of-way and easements for highway, public utility, and other purposes over, upon, or across any school property.  When necessary for the use of such property for any such purpose, the board may authorize the removal of school buildings to such new location, or locations, and such removal will be made at no cost or expense to the district. 

EMINENT DOMAIN 

The board may also exercise the right of eminent domain for any of the uses and purposes provided in Section 7-701, Idaho Code. 

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 LEGAL REFERENCE:

Idaho Code Sections

7-701, et seq.

33-402(g) and (h)

33-601(3) and (4)

67-2322

67-2323

67-2324

ADOPTED:   July 8, 1996

AMENDED:  December 14, 1999

AMENDED:  April 10, 2001

AMENDED:  May 14, 2002

POLICY TITLE: Contracts for Recreational Facilities POLICY NO: 912

This district may enter into contracts with any city located within the boundaries of the school district for the joint purchase, construction, development, maintenance and equipping of playgrounds, ball parks, swimming pools, and other recreational facilities upon property owned either by the school district or city.

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ADOPTED: July 8, 1996

LEGAL REFERENCE:
Idaho Code Section 33-601(5)

PROCEDURE FOR RENTAL OF SCHOOL DISTRICT PROPERTY AND FACILITIES

1. All requests by outside groups for rental of school district property and facilities, including the track and equipment must be submitted to the appropriate building principals (and Athletic Director when appropriate) and the supervisor of buildings and grounds.
2. The building principal, upon completion of the detailed planning, will complete the rental agreement form in triplicate, one copy going to the renter and one to the Athletic Director.
3. Payment of all rental charges will be made directly to the building principal on or prior to the rental date unless arrangements are approved for later payment.

1. All requests for use of the All-Weather Track for practice purposes for outside groups must be cleared through the office of the Athletic Director, Kellogg Senior High School.
2. Only one-quarter inch (1/4") spikes may be used on the track. (These spikes will be available for purchase from the school district).
3. When an outside organization rents the track and equipment, Joint School District 391 will assign one f its employees to supervise handling and use of the equipment and, when necessary, will make a charge of not to exceed $25.00 for such duty.
4. Rental charge for track and equipment will be $15.00 per day.
5. If the track is rented outside the regular track season, necessitating special handling of equipment, a charge of up to $25.00 will be made.
6. If dressing room and shower facilities are required in the rental arrangement, the extra custodial service time will be computed and charged on the basis of the district’s hourly custodial wage scale.

SUNDAY USE OF SCHOOL FACILITIES

School facilities will be available for school-sponsored activities on Sunday, except for athletic events or other such competitive activities.

1. No competitive athletic contest which falls under the supervision of the Idaho High School Activities Association shall be scheduled.
2. No athletic practices which fall under the supervision of the Idaho High School Activities Association shall be scheduled.
3. School employees may be permitted to use the facilities for their own use in their assigned building but they shall be fully responsible for security and care of all facilities involved.
4. If a certificated coach is using the facility, students o the school district shall be permitted to use the gymnasiums with or without invitation, as long as the employee is present and supervising.
5. If a school coach is present in the facilities, adults from the community or employees from other buildings who appear at the premises, with or without knowledge invitation, shall be entitled to use the facility as long as the school (coach, employee is present and supervising).
6. If both students and adults are suing the facility as provided above, student use shall have priority.
7. Such use shall be permitted provided such use does not entail added demand for heat or custodial service.
8. Damage to the property or impairment of the security of the facilities may result in termination of the use privileges. Drinking and/or smoking in the facilities shall be prohibited.

School facilities will not be available for public or private rental except for sponsorships of approved religious functions or for concerts or recitals.

PROCEDURE EFFECTIVE: July 8, 1996

POLICY TITLE: Building Safety POLICY NO: 915

It is the policy of this school district to provide safe and clean buildings, facilities and grounds for personnel, students, and visitors.

The construction of any new buildings, or remodeling of existing buildings, will be inspected and approved by an approved inspector as complying with all local and state building codes in effect at the time of construction.

All buildings and grounds owned by the school district will be inspected annually by the local fire department or the Department of Labor and Industrial Services.

The janitorial and maintenance staff will survey the school buildings, facilities and grounds at reasonable intervals to determine whether or not a safety concern exists. A log will be kept of the inspections. All minor safety concerns will be corrected, as determined to be necessary to protect students, personnel and visitors from unsafe conditions. Any corrective action taken on minor safety concerns, or any determination to delay corrective action will be documented by the maintenance and janitorial staff. Major safety concerns will be reported to the building administrator’s office. The corrective action taken, or determination to delay corrective action, will be documented by the school principal or superintendent.

Personnel, students, and visitors who believe that a building, facility or grounds, or use thereof, is unsafe are encouraged to report such concerns to the building administrator’s office. Such reports will be investigated within a reasonable time and corrected as determined to be necessary to protect students, personnel and visitors from unsafe conditions.

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ADOPTED: December 8, 1997

LEGAL REFERENCE:
Idaho Code Section 33-1612
IDAPA 08.02.03.600

POLICY TITLE: Excision and Annexation of Territory POLICY NO: 927

This policy sets forth the procedure for annexing territory that currently forms part of another school district, but is not contiguous to its present school district. Either the board or one-fourth (1/4) or more of the school district electors may petition the state board of education in writing for annexation of property that meets these criteria:

1. The territory must be not more than fifty (50) square miles;
2. The territory must contain no schoolhouse or facility necessary for the operation of a school district;
3. The territory must be contiguous to the district petitioning for annexation.

PETITION REQUIREMENTS

One copy of the petition to annex territory will be sent to (1) the board of trustees of the district from which the area is proposed to be excised, (2) the board of trustees of the district to which the area is proposed to be annexed. The petition will contain the following:

1. The names and addresses of the petitioners;
2. A legal description of the area proposed to be excised from one district and annexed to another contiguous district;
3. Maps showing the boundaries of the districts as they presently appear and as they would appear should the excision and annexation be approved;
4. The names of the school districts from and to which the area is proposed to be excised and annexed;
5. A description of reasons for which the petition is being submitted; and
6. An estimate of the number of children residing in the area described in the petition.

The board of trustees of each school district will submit the petition, with recommendations, to the state board of education no later than ten (10) days after its first regular meeting held subsequent to receipt of the petition.

STATE BOARD OF EDUCATION REVIEW

Approval or disapproval of the petition will be made in writing to each school district named in the petition. The state board of education will approve the petition, provided:

1. The excision and annexation is in the best interests of the children residing in the area described in the petition; and
2. The excision of the territory, as proposed, would not leave a school district with a bonded debt in excess of the limit then prescribed by law.

ELECTION TO ACCEPT TO REJECT ANNEXATION

If the state board of education approves the proposal for annexation, the proposal will be submitted to the qualified electors of a school district residing in the area described in the petition within sixty (60) days. The phrase "qualified electors" means only those individuals who both reside in the area to be excised and annexed, as described in the petition, and are eligible to vote in a school district’s bond elections. The election will be held in a manner provided in Idaho Code Section 33-401, et seq.

Qualified electors will be asked to vote on the following two issues:

1. The question of whether the area described in the petition shall be excised from school district number ( ) and annexed to contiguous school district number ( ); and
2. The question of assumption of the appropriate proportion of any bonded debt, and the interest thereon, of the proposed annexing school.

The proposal will pass and be approved if a majority of qualified electors who vote in the election vote in favor of excision and annexation, and if two-thirds (2/3) of the qualified electors who vote in the election approve the assumption of bonded debt and interest.

If the proposal is approved in the manner described above, the state board of education will make an appropriate order for the boundaries of the affected school districts to be altered, and the legal descriptions of the school districts will be corrected.

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ADOPTED: October 12, 1998

LEGAL REFERENCE:

Idaho Code Sections
33-308
33-401 et seq.
Article VIII, Section 3, Idaho Constitution

POLICY TITLE: Prohibition Against Smoking POLICY NO: 950

Public elementary or secondary school buildings and educational facilities, and the area within twenty (20) feet of entrances and exits of such buildings or facilities, are included in the definition of “public place” in the Idaho Clean Indoor Air Act.  Therefore, no person shall smoke any tobacco product in these areas, buildings, or facilities.   

The board of trustees delegates to the superintendent and designees the responsibilities to require any person in apparent violation of this policy to extinguish all lighted tobacco products.  If the person persists, the designee shall require the person to leave the premises.  The designee will report all violations to law enforcement.  Any person who refuses to either extinguish all lighted tobacco products or leave the premises is guilty of an infraction and is subject to a fine not to exceed fifty dollars ($50.00).   

Any violation of this prohibition by employees shall be immediately reported to the building administrator and may result in disciplinary actions up to and including dismissal for repeated offenses.   

Students who violate this policy shall be immediately reported to the building administrator and will be disciplined as set forth in the district’s policy on Student Drug, Alcohol and Tobacco Use, policy 551.   

NOTICE 

Signs shall be posted indicating that the smoking of tobacco products is prohibited in school buildings and educational facilities as well as the area within twenty (20) feet of all entrances and exits of such buildings and facilities.  Each sign shall be conspicuous, legible, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area.  Signs may contain information such as the international no smoking symbols and references to the Idaho Clean Indoor Air Act.  Letters on the sign shall be at least one (1) inch in height. 

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LEGAL REFERENCE:

Idaho Code Section 39-5501, et seq.

IDAPA 16-0223-0401

ADOPTED:   October 12, 2004