1. Use of School Facilities
A. School facilities shall be open to the public for use as provided in the Public School Laws of West Virginia. Any individual or group using school property shall comply with all local and state laws, policies and regulations.
B. West Virginia law prohibits the use of school property for personal or private gain. School facilities shall not be used by any non-school group or individual for the purpose of fundraising or making a profit.
C. Eligible individuals and IRS non-profit citizen groups of the community, subject to the provisions of Berkeley County Board of Education Policy KF, may apply to use school facilities. Applicants may be required to provide proof of non-profit status (IRS 503(c) letter). A non-profit group is one whose profits are not distributable to its members, directors or officers.
D. Outside vendors or for-profit companies shall not sell goods or services of any kind, except as permitted for school-related events.
E. Proceeds of any money-raising activity or event shall be for charitable purposes and must be approved by the Superintendent of Schools prior to the use.
*F. The following are prohibited:
- Admission or entry fees
- Concessions (unless operated by and for the benefit of a school-based group).
- Retail sales: and
- Any other use for commercial of personal gain
*This section does not apply to school-sponsored organizations or Martinsburg-Berkeley County Parks and Recreation.
G. When schools are closed due to emergency or inclement weather, the use of school property is generally prohibited.
H. There shall be no signs, banners, or the like placed in or on school buildings or on school grounds by any individual or group using school property. Temporary identification signs may be used only during the actual hours approved for use. All signs, banners or the like must be removed at the conclusion of the approved use.
I. Priority is given to school use first, Martinsburg-Berkeley County Parks and Recreation (MBCPR) second, and other organizations third. An MBCPR employee must be on duty at all times when schools are used by MBCPR.
J. Applicants shall confine activities to approved areas and are responsible for the proper care of the property. It is the applicant’s responsibility to deny visitors and non-participants entry to the property.
K. School facilities may not be used as a base to establish an organization.
L. Applicants must reside in Berkeley County.
2. Application
A. Applications are required for all non-school sponsored organizations or individuals who desire to use school facilities after school hours and/or on days when school is not in session.
B. Requests should be made at least three weeks prior to the activity date. Schools cannot be scheduled for more than six months in advance and cannot be continuously used by an individual or group for more than six consecutive months. The use of school buildings or grounds for religious services or worship activities is permitted, for temporary time periods, on the same basis as use by other community groups.
C. Applications for facility use must be approved by the school principal and then forward by the applicant, along with a current copy of liability insurance, to the Director of Finance at the Berkeley County Schools Administrative Offices. The applicant should not consider the use approved until receiving final notification from the Director of Finance.
3. Fees and Costs
A. Only school-sponsored organizations or the MBCPR may use school facilities without cost. Fees are based on a three hour minimum.
B. Fees for non-school related activities are as follows:
- Athletic Field: $100 per hour
- Auditorium: $100 per hour
- Cafeteria: $100 per hour
- Classroom: $25 per hour
- Gymnasium: $100 per hour
C. The Board of Education is not responsible for supplying electricity or water/sewage service to a group using athletic fields or school grounds.
D. School kitchens may not be used by any group without prior authorization from the school principal. A food service employee must be present and paid by the applicant according to this regulation.
E. Gymnasiums, auditoriums or other areas (at the principal’s discretion) may not be used by any other group unless a Board of Education employee, paid by the applicant in accordance with this regulation, is present.
F. Any employee required to be present by this policy shall be paid as follows: the applicant shall reimburse the Berkeley County Board of Education for this service in the amount of 1½ times the hourly salary, plus matching social security, retirement and workers’ compensation. A minimum of 3½ hours will be assessed for this service. The Board of Education will send an invoice to the organization for the total cost. Failure to pay this fee will result in revocation of permission to use school property and may result in legal action.
4. Liability
A. The Berkeley County Board of Education will hold the applicant and its employees, agents, officials, volunteers and agents solely responsible for any loss or damage to property sustained during of as a result of applicant’s usage of school property.
B. All applicants shall submit with the application a contract of insurance for coverage in the amount of not less than one million ($1,000,000.00) for each occurrence and 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 damaged to any person arising out of the use of school property for a community activity, as defined in West Virginia Code §18-5-19d.
- For the payment of any attorney fees, court costs and other litigation expenses incurred by the Board of Education in connection with any claim, demand, action, suit or judgment from any allegations of negligence or other acts.
- The insurance coverage required herein may be obtained privately or through the State Board of Risk and Insurance Management (BRIM). Where provided BRIM, the cost of the insurance shall be paid by the applicant and may include administrative expenses.