Date Adopted: April 27, 1981
Date Revised: December 17, 1990, March 24, 1994
2. Delegation of Responsibility
The School District of Philadelphia shall make full use of its facilities
for the education of its students and, where legally and economically possible,for
Within the guidelines of this policy, the Superintendent shall have the
authority to grant permission for use of school facilities and to develop
regulations and assign responsibilities for such use.
In the event of a situation considered by the Superintendent to be a serious
involvement of school and/or community welfare, the Superintendent shall
have the authority to provide use of school facilities without cost to
Where large tracts of School District property are available, the Superintendent
may recommend to the Board of Education shared or leased use by the community
of designated portions of such property.
Persons, Groups or Organizations Who May Use School Facilities
Any non-profit group or organization may use available school facilities,
provided that the group or organization does not illegally restrict its
membership, attendance, or leadership by reason of race, color, religion,
creed, ancestry, age, sex, sexual orientation, physical handicap or national
Non-profit organization shall mean any community, civic, cultural, charitable,
athletic, educational, parent, youth, service or school organization, or
any governing authority, corporate or politic, or any governmental body
or any alumni association, which desires to use school facilities for social,
recreational or other purposes.
Non-profit shall be defined as 1) the sponsor is not charging for participation
in the activity or 2) any profit is donated to the School District of Philadelphia.
Persons and non-profit groups or organizations are permitted to use school
facilities for fund raising activities. Fund raising activities shall mean
sales of goods or services, campaigns, events or performances conducted
to request money, property or other thing of any kind or value which will
benefit in whole or in part a particular group of persons, group or organization.
Persons and non-profit groups or organizations may retain any profits resulting
from the use of school facilities for fund raising activities.
No use of school facilities for fund raising activities shall be permitted
which would adversely affect the exclusion from gross income for federal
income tax purposes of the interest on any School District obligations
under Section 103 of the Internal Revenue Code of 1986, as amended, and
regulations promulgated thereunder.
Persons, groups or organizations which donate some or all of their profits
resulting from fund raising activities to the School District or an individual
school will be given first preference for approval for use of a particular
Engaging in activities for profit-making purposes shall not include fund
raising activities approved by the School District.
Non-school related applicants shall be required to make payment in advance
of all charges.
Charges (set forth in section 3.61) shall be waived for the following:
Home and School Council or its affiliated associations - two evenings per
month per school during a school year. If additional meetings are desired,
space will be made available in those nearby schools scheduled to be in
use at the time of the requested meeting. This provision shall not include
Open House or Report Card Conferences.
A meeting by the officially recognized alumni or alumnae organization.
In the event the Home and School Association does not use the second evening,
the unused time may be given without charge to any community group subject
to the conditions of this policy.
Fund raising activities approved by the School District if the profits
are assigned to the School District or an individual school.
Non-public school sponsored activities charging admission if the profits
are returned to public schools.
Scouting organizations provided that an evening meeting is held when the
school is open for the public school parent organization or an evening
donated by that organization to the Scouts in lieu of the parent organization
regular meeting. If any other arrangement is made with the principal, the
scouts will be charged for personnel costs plus utilities.
In the event of an extreme emergency in the community as declared by the
Mayor or Governor, schools shall be made available as emergency shelters.
Non-public school sponsored activities charging admission and/or operating
concessions may use facilities only if all the profits are returned to
the School District or to an individual school. Profits shall mean any
monies from the admission or concessions proceeds after expenses are paid.
Verification of the profits earned shall be submitted to the School District
on forms, and in content, satisfactory to the School District.
Persons, Groups or Organizations Who May Not Use School Facilities
No person, group or organization shall be permitted to use a school facility
(including school buildings, offices, athletic fields, schoolyard, etc.)
if participation or attendance at the program or event, or membership or
leadership in the group or organization is restricted on the basis of race,
color, religion, creed, ancestry, age, sex, sexual orientation, physical
handicap or natural origin. (Note, distinctions in participation based
upon sex, age and physical handicap are permissible, if lawful and based
upon legitimate health, safety or welfare concerns so long as separate
but equivalent programs or events are available for all who wish to participate.)
No person, group or organization not officially recognized by the Superintendent
as having a direct connection with a school(s) be permitted to use school
facilities for profit-making purposes.
Each group or organization shall submit with its application, a copy of
its charter or by-laws, if any, or any other document evidencing the non-discriminatory
nature of the group or organization. Each person, group or organization
shall sign a statement of non-discrimination in regard to membership or
leadership in the group or organization and/or participation or attendance
at the program or event.
Use of school facilities for any illegal activity, including but not limited
to gambling, and for any activity at which alcoholic beverages will be
served is prohibited as is the use of tobacco or illicit drugs.
Profit-making purposes shall mean engaging in activities for the purpose
of raising funds for the benefit of a specific group or organization, rather
than for the benefit of the public schools or a particular public school,
regardless of whether public school children are otherwise part of the
general membership of the specific group or organization.
Activities involving the use of equipment or materials which may be unsafe
or may pose a danger to the user or the premises shall not be permitted
in school buildings or school grounds.
Use of school facilities or activities for any purpose and at any time
not specifically permitted by this policy.
Commission of, or failure to control or prevent, acts of vandalism, disorderly
conduct, violations of local ordinances, or violations of fire, liquor
or criminal laws of the United States or the Commonwealth of Pennsylvania
shall disqualify a person, group or organization from future use of a school
Parking will be permitted on school property only in conjunction with a
program for which approval has been granted.
Activities without appropriate supervision or security as determined by
the School District shall not be permitted in school buildings or on school
Applicants who do not adhere to the pre-approved time schedules.
Permission and Notice
No school facility (including school buildings, offices, athletic fields,
schoolyard, etc.) shall be used for any activity which is not part of the
regular public school program without prior approval of the Division of
School Facilities. Prior approval, in writing, must be obtained whether
the activity is to take place either during the school hours or before
or after school hours, or non-school days.
Any organization applying for the use of a school facility shall submit
a School District form (Request to Use School Facilities) to the principal
explaining the purpose for which the use of the facility is being requested.
The Principal will:
Review each request with the applicant before submittal of the request
for final approval for the use of the building.
Not sign request if not approving, but forward it to District Superintendent
with the reasons for not approving.
Consult the Office of Informational Services if individual or group is
unknown to the principal.
The District Superintendent will:
Approve or disapprove request.
Not sign request if not approving, but forward the request to the Office
of School Facilities with all comments attached. (See 3.5, Enforcement)
School Facilities will:
Either approve or disapprove application. In the event that a request for
a school facility is refused, notify the organization of the reason(s)
for the disapproval.
Collect in advance of use in all cases except for school sponsored activities
and immediately deposit with the School District Treasurer.
Inform the principal via telephone that the request has been approved or
rejected. The principal shall notify applicant of approval or rejection.
The District Engineer will:
Insure that the building is opened and closed on time.
Assign additional staff when and if he is informed in advance of the need
for same by School Facilities.
Notify School Facilities Division if applicant exceeds time.
The Accounting Department will:
Immediately prepare invoices for any amounts owed to the School District.
Submit a list of all outstanding, uncollectable invoices monthly to School
Facilities, Legal and the Internal Controller Divisions.
Enforcement of the charges, policy, regulations, and procedures shall begin
with the Office of School Facilities, who must ultimately authorize or
reject an applicant's request for use of a school facility. However, the
responsibility for compliance is not limited to School Facilities, as each
principal must enforce the policy at the school level and promote community
Use of Athletic Facilities
There will be no charge for the use of rooms in schools that are open for
Standard Evening High Schools. There will be charges in all cases where
groups or organizations insist on using a facility that is not already
open for activities or where the use is beyond the limits of the policy.
All charges shall consist of the personnel cost plus utilities.
In instances where more than one community group is using a facility at
the same time (if scheduled activity is not combined), each group must
share the established costs.
There will be no charge for school conducted programs except in case of
shows or productions that are held for two(2) or more evenings and where
admission is charged. The applicant must pay personnel cost only.
The Superintendent has the right to waive charges or other requirements
where circumstances warrant such action.
Use for Voting Purposes
Overtime use of facilities for practice sessions with activities not in
season is not permitted.
Overtime use of facilities for games or contests for activities not in
season is not permitted. (Exceptions: playoffs, interleague, etc., approved
by supervisory committee.)
No charge shall be made for school use of facilities on Saturdays or holidays
for regularly scheduled games or contests.
No charge shall be made for school use of facilities on school days to
6:00 p.m. (Extensions of this time limit may be granted by the Division
of Physical and Health Education.)
No charge shall be made for practices conducted during extended holiday
period (Christmas - Easter). Schools are limited to three(3) days, three(3)
hours each day.
No charge shall be made for practices conducted during certain other holidays
as designated by the Division of Physical and Health Education.
Schools shall be charged for use of facilities for practice sessions on
Saturdays or holidays which require overtime services. (Exception: extended
Schools using athletic fields for night contests are to be charged for
personnel, utilities and materials used for lining a field. If a school
desires to use its own facility before and/or after any away night contest,
it is to be charged.
Responsibilities of User of School Facilities
The City of Philadelphia acting through the City Commissioners shall be
permitted to use School District facilities for voting, but the School
District shall be reimbursed for the cost of custodial and maintenance
services as permitted by law. The School District shall endeavor to reach
an agreement with the City Commissioners with regard to the placement of
the voting booths to minimize disruption to the instructional programs
and to ensure that the safety of the children is not jeopardized by the
presence of the voting public at the school on election day.
The School District shall also endeavor to reach an agreement with the
City Commissioners for indemnification against damage to premises or the
theft of School District property which occurs as a result of the use of
school facilities for voting.
Insurance and Indemnification Requirements
The user must inspect the School District facilities prior to the commencement
of the period of their use and must inform the School District in writing
of any defects which a visual inspection would reveal. If any defects are
found, the School District has the right to withdraw its prior authorization
to the user to use the school facilities.
The user assumes the care, custody and control of the school facilities
during the period of use. The user is responsible for the monitoring and
supervision of all its events at the school facilities during the period
of use. Upon expiration of the period of use, the user must return the
school facilities in as good order, condition and state of repair as they
were prior to their use by the user.
The School District has the right to terminate the use of school facilities
by the user due to the user's non-compliance with the requirements of the
policy. Abuse, misuse or vandalism of the school facilities by the user
will result in the suspension of the user's future privileges to use available
The user is responsible for any personal injuries or property damages occurring
at the school facilities during the period of use. The user must defend,
indemnify and hold the School District harmless from and against any losses
or damages due to the user's non-compliance with the requirements of this
policy and any losses, damages, claims and expenses arising out of any
personal injuries or property damages caused by the user or which occur
during the period of use.
The School District is not responsible for any losses or damages occurring
to the user's property at the school facilities during the period of use.
The user must defend, indemnify and hold the School District harmless from
and against any losses, damages, claims and expenses arising out of any
personal injuries or property damages caused by the use of the property
belonging to the user or the installation, erection or use of any structures,
machinery or equipment belonging to the user which occur during the period
An occurrence policy of Comprehensive Public Liability Insurance in the
amount of not less than One Million Dollars ($1,000,000) combined single
limit per occurrence, or in such amount as the School District may from
time to time require, shall be required for all activities. The policy
shall specifically cover any damage to the School District's premises and
property as well as contractual liability, independent contractor liability,
personal injury perils, broad form property damage, completed operations
and products liability exposure.
Such policy shall (i) be evidenced by a Certificate of Insurance identifying
"The School District of Philadelphia" as a NAMED insured, and (ii) bear
a restrictive endorsement which provides that the policy applies only to
the particular premises to be used by applicant and for claims arising
out of injuries or damage occurring on the specific dates of the intended
Such policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced unless ten (10) day's prior written notice
by certified mail has been given to the School District of Philadelphia.
The user shall furnish the School District with a satisfactory Certificate
of Insurance reflecting the required insurance and cancellation notice
endorsement prior to the use of the school facility.
The insurance shall be placed with insurers lawfully authorized to do business
in Pennsylvania. The user is responsible for informing the School District
of any exception. Approval must be obtained from the School District for
the use of foreign insurers.
The company or agency which issues the Certificate of Insurance must provide
a complete street address where it can be served with notice (no Post Office
box addresses will be accepted) and a telephone number. The company or
agency must certify that it is an agent of the insurance company issuing
the policy and that its statement is subject to the penalties of 18 PA
C.S. SS4904 relating to unsworn falsification to authorities.
The School District shall not accept any policy (1) written on a claims
made basis or (2) which only names the School District as an additional
insured or (3) which is written only on an "excess or umbrella" basis or
which carries any deductible or self-insured retention over $500.00. However,
deductibles or self-insured retentions may be declared to and approved
by the School District. If the deductibles or self-insured retentions are
not approved, the user shall procure a bond guaranteeing payment of losses,
investigation, claims administration and defense expenses up to the amount
of the deductibles or self-insured retentions.
The user shall execute an Indemnification Agreement in form and content
satisfactory to the Office of General Counsel. The School District shall
provide the required Indemnification Agreement to the user. The user shall
submit the Indemnification Agreement to the School District prior to the
use of the school facility.
24 P.S. SS7-775 PA Election Code
25 P.S. SS2727(a) and 2731(c)
35 PCSA 77-O1d
Section 3.112 is suspended from 4/1/94 until 10/1/94
Section 3.113 is effective 4/1/94 until 10/1/94
Section 3.114 is effective 4/1/94 until 10/1/94
Section 3.115 is effective 4/1/94 until 10/1/94
Section 3.116 is effective 4/1/94 until 10/1/94
Section 3.133 is suspended from 4/1/94 until 10/1/94
Section 3.134 is suspended from 4/1/94 until 10/1/94
Section 3.14 is suspended from 4/1/94 until 10/1/94
Board of Education Resolution 3/24/95