Buildings and Grounds: Non-School Use of School Facilities - May 2007 Revision

This procedural directive was reviewed and approved on August 13, 2010. We provide this revision for historic purposes only.

Note: This directive applies to all APS school buildings and playgrounds except when such facilities are used by the City Parks and Recreation Department or the Bernalillo County Parks & Recreation Department under their respective Joint Use Agreements with the Albuquerque Public Schools.

Priority of Use

Category 1: APS Educational Programs: On-going, regular school and activity program.

Category 2: School Related Non-Profit Groups: This includes parent/teacher groups, school clubs, school activities, public educational institutions, extended care services, and intersession activities delivered by non-profit agencies. It also includes use of facilities by Join-A-School partners as per individual partnership plans.

To fit into Category 2, groups must be designated as a non-profit group with 501 (C) status from the IRS, must be educational or recreational in nature, must directly benefit school-age children, and must be sponsored by or otherwise affiliated with the school or school district.

School related organizations must follow the guidelines in the APS Board Policy K.03.

Category 3: Non-Profit Groups Whose Activities Directly Serve School-Age Children: This category includes groups such as Scouts, Boys and Girls Clubs, YMCA, YWCA, etc. As with Category 2, a group in Category 3 must be designed as non-profit group with a 501 (C) status from the IRS, must be educational or recreational in nature, and must directly benefit school-age children.

Category 4: Public Interest Non-Profit Groups (not school-related) Whose Activities Do Not Directly Serve School-Age Children: This category includes groups such as community action groups, official agencies of the federal or local governments, and recognizable charitable and civic groups whose primary function is promotion of the health, safety, education or welfare of the community in general.

Category 5: Recreational, Religious, Political, Arts-Related, and Other Non-Profits: Distinguished from groups in Category 4, this category refers to those of the group itself rather than for the interest of the general public.

Category 6: Commercial (for profit) Groups: This category includes groups whose purpose is direct or indirect financial gain and whose use of school facilities will result in their direct or indirect financial gain.

Category 6a: This sub-category refers to those commercial (for profit) groups whose request is for occasional use of the facility.

Category 6b: This sub-category refers to those commercial (for profit) groups proposing to use the facilities at least twice a week or more for the duration of the school calendar year.

Unauthorized Use

Permission to use APS facilities will NOT be authorized in the following instances:

• Activities that are for purposes of personal nature.
• Non-locally sponsored groups except those listed in Category 4 above.
• Groups whose use of school facilities, in the judgment of the Superintendent or his or her designee(s), is inappropriate at a school location.

Right to Deny Use of Facilities

Recognizing that the Board of Education encourages public use of school facilities, APS reserves the right to deny the use of school facilities to any individual or group.

Initiating a Request for Use of a School Facility

The representative of the requesting group should contact the principal of the desired site regarding proposed usage. The principal will determine the most appropriate Priority of Use category for the applicant group.

Use of facilities should be requested at least ten days in advance of the proposed use. Agreements for facility use will not be made during one school year of the following year.

An AC-11 Rental Agreement Form should be requested, completed, and returned to the site by the applicant. Non-profit groups should provide proof of their 501 (C) status at this time.

All groups (profit and non-profit) should also be able to provide proof of liability insurance in the form of an insurance industry certificate of insurance to protect APS and any employees or representatives of APS who will be conducting or assisting in or participating in the group’s activities in APS facilities in an official capacity.

1. The certificate of insurance should show building user liability insurance policy limits in an amount of not less than $1 Million.  Certificates of insurance should include the name of the insurance company, name and address of the insured, type of policy, policy period, the insurer’s A.M. Best rating, the policy’s coverage trigger (occurrence or claims made), a description of the activity and the date(s) of the activity.
2. The certificate of insurance shall include an endorsement that names APS as an additional insured to the building user’s insurance policies listed. 

Commercial groups must provide a copy of a current business license with the City of Albuquerque.

Approval for Use of School Facilities

The school principal will determine the availability of the requested facility based on previous commitment, priority, and propriety of proposed use.

After receiving the completed AC-11 form from the applicant, the principal will forward the form to the Finance Division for approval.

The signature of the principal indicates a recommendation for approval, although the form may be submitted without a signature.

Final approval and notification of the principal is the responsibility of the Finance Division. Such approval will occur within seven (7) to ten (10) days of the approval or denial. The rental agreement is not binding until it has been approved by the Finance Division. In unusual circumstances, the Deputy Superintendent for General Services may be consulted.

The principal may impose restrictions on proposed facility uses to ensure adequate protection of facilities. Such restrictions should be included in writing as part of the AC-11 Rental Agreement Form and may include use of protective coverings on gym floors, security provisions, hours of use and others. The principal may also request proof of current CPR certification for instructors if he or she deems it appropriate to the activity.

All groups will agree to the provision that APS is not liable for injury to participants or to participants’ property or for property loss that results from their participation in the group’s activities.

All groups will provide written information to their participants indicating that APS is not liable in the above-mentioned situations (Item 5).
In addition to items 5 and 6 above, commercial groups will inform participants that APS is not sponsoring the group’s activity in APS facilities.

The principal may also require approval of all proposed advertising that includes mention of the APS facility in question before recommending that use be approved.

Completed AC-11 Rental Agreement Forms for groups in Categories 1 and 2 (no rental fee charged) need not be sent to the Finance Division. Once the agreement has been completed and signed by the principal and the applicant, a copy is given to the applicant. A copy is sent to the Summer School/Extended Instruction Programs office and the remaining copies are retained at the school.
A deposit shall be required from all groups in Categories 4-6 at the time the completed AC-11 Rental Agreement Form is submitted to the principal in instances where the total amount of the rental fee exceeds $200.
The deposit for applicants in Categories 4-6a shall be fifty percent (50%) of the total rental Rental Agreement Form fee. The deposit for applicants in Categories 6b shall be 50% of the last month’s rent.

Deposits will be accepted as checks or money orders only, made payable to the Board of Education. No cash will be accepted. If the request is denied, the deposit will be returned to the principal who will return it to the applicant.

If a return agreement is approved by the Finance Division, fifty percent (50%) of the rental deposit shall be accrued into an account for the school. Accrued moneys will be credited to the appropriate site-
based account prior to March 30 of the current fiscal year. *Pending Approval by Cabinet.

Permits for Category 3 User Groups

APS seeks to encourage use of school facilities by non-profit groups whose activities directly serve school-age children (Category 3). Therefore, such groups may make yearly application to the district for a permit to use school facilities at a total annual cost to the applicant of $50 for up to 6 months of use or $100 for 6-12 months of use. (One group permit allows access to all school facilities; a separate permit is not required for each site.)

To qualify for the permit, the applicant group must provide the following information to the APS Finance Division or Designee under the signature of a duty authorized official of the organization.

• Evidence that the proposed activities of the non-profit group provide direct service to school-age children to the satisfaction of APS.
• A copy of the group’s 501 (C) certificate to verify its non-profit status.
• A copy of the group’s liability insurance policy.
• A list of the desired school sites as well as days and hours of use.

Upon receiving the information outlined above as well as the permit fee, the permit will be issued by the Finance Division or Designee.

The permit gives the applicant group permission to approach principals with a request for facility use as outlined above. Permission to use the facility as requested is up to the discretion of the building principal.

An AC-11 Rental Agreement Form must be completed for each site used. Since no additional charge will be assessed, the form does not have to be returned to the Finance Division, but a copy needs to be sent to the Summer School/Extended Instructional Programs office.

Use of Community Schools

APS seeks to encourage use of school facilities designated community schools through written agreement with the City of Albuquerque and County of Bernalillo. 

By written agreement, the City and/or County pays APS an annual fee to offset the cost of utilities, custodial services and insurance in exchange for community use of designated facilities.  No rental fee will be assessed users and there is no requirement for users to submit proof of insurance.   

Permission to use the facility as requested is at the discretion of the building principal and is prioritized as Category 4 (above).  An AC-11 Rental Agreement Form must be completed for each site used.  Since no additional charge will be assessed, the form does not have to be returned to the Finance Division.  

Users must comply with all other APS policies and procedural directives.     

Billing and Collecting

The schedule of rental rates is attached and is considered to be a part of this procedural directive. Rates represent basic use of:

• Up to 2 hours,
• 2-4 hours, and
• 4-6 hours.

Use exceeding 6 hours will be charged at the 4-6 hour base rate plus 25% of the rate for each 2 hour increment of fraction thereof.

The APS Finance Division will bill user groups meeting the fee requirements with the exception of those in Category 6b. Full payment for use by groups in Category 6b shall be made within thirty (30) calendar days of the billing date. Groups with past due accounts will not be allowed to rent school facilities until all past due accounts are current. Payment for groups in Category 6b are due on the 10th of each month for the previous month.

Payments should be made by check or money order only, payable to the Board of Education. Payments should be mailed directly to the APS Finance Division, P.O. Box 25704, 87125 or hand delivered to the Finance Division at 725 University SE. No Cash will be accepted for rental fees.

Additional APS personnel costs may be incurred as a result of facility use. Additional reimbursement for payroll and other direct costs related to facility use is required in priority classifications 11-B through 11-F. Fringe benefits on payroll will be charged to the user when applicable.

If special services are required, such as setting up tables and chairs or setting up projectors and other sensitive equipment, there will be additional charges. Charges for these special services will be billed to the user.

Projectors, special stage lighting, and other types of sensitive equipment will not be used unless operated by qualified APS personnel. Cafeteria equipment will not be used without specific approval of the Director of Food Services and unless it is operated by assigned cafeteria supervisors.

It is inappropriate for users of school facilities to pay any school employee directly for services or rental fees in cash or by any other means. All rental fees shall be directed to the APS Finance Division.

Abnormal wear and tear on the facility used may require an additional charge to the user to restore the facility to its normal condition.

The school principal is responsible for reporting all contractual overtime for school-based personnel.

The fee for a Category 3 permit must be submitted to the Finance Division along with the additional information required as outline in "Approval for Use of School Facilities" items A - C above.

Safeguarding School Property

The user of the facility is responsible for reasonable care of the facility and for proper conduct of members of the group. The user will be billed for any damage resulting from improper or careless use of the facility.

The principal must ensure that an authorized school representative will be present during proposed use to open the facility, safeguard it during use, and to secure the facility at the end of its use.

If school personnel are not members of the using group, a custodian will be assigned for purposes of building supervision.

Smoking and alcohol is prohibited by the Board of Education policy in all APS facilities and on all APS property.

Users of facilities must also comply with building access and security call-in requirements specified in Procedural Directive Building Access by Employees.

All foods sold at special events must comply with New Mexico Public Education Department Nutrition Standards, as well as, the Albuquerque Public Schools District Wellness Policy.

Use of Kitchen Facilities

School kitchens are available for school and community groups to use for special occasions. The following items are required by all organizations (school or community) wishing to use a school kitchen:

1. Completed Application for Use of School Kitchen – available from APS Food and Nutrition Services.
2. Temporary Health Permit to be obtained by group sponsoring/holding function - from either:
1. Bernalillo County Office of Environmental Health ; or,
2. City of Albuquerque Office of Environmental Health

These forms should be in the APS Food and Nutrition Services office two weeks before you wish to use the kitchen. The APS Food and Nutrition Services administrative office will coordinate with the APS Finance Department regarding the use of school kitchens.

Requests received less than two weeks before the planned event may be denied due to lack of time to make necessary arrangements. A kitchen manager or APS Food and Nutrition Services employee MUST be on duty the entire time the kitchen is being used. The function of this employee is to ensure that food safety and sanitation regulations are followed and that all equipment is used safely and correctly. These employees are hired by the organization and must be paid 1 1/2 times their regular hourly wage.

If the employee wishes to donate their time, the hourly wage payment will be waived, however, the employee on duty must still be certified in food safety and sanitation.

The kitchen must be cleaned by the organization to the satisfaction of the APS Food and Nutrition Services employee on duty.

No one under the age of 18 may be in the kitchen. No one under the age of 18 may operate any of the equipment (This includes stoves and ovens.) Unauthorized and excessive traffic thru the food preparation area is in violation of both safety and sanitation regulations and must be regulated.

The handling or “mixing up” of school food used for student meals and other foods brought from outside the school is strictly prohibited.  This pertains to foods either frozen, refrigerated, or in storage in the school kitchen.  No food or supplies purchased by APS Food and Nutrition Services may be used by any organization.  

An inspection by the City of Albuquerque Environmental Health Department or the Bernalillo County Health department may occur at any time before or during the event to verify proper food safety and sanitation procedures.  Any citations issued will be the responsibility of the sponsor of the event. Violations could result in the closure of the event to the public.

There will not be a phone available in the kitchen.

Kitchens cannot be used by any organization while school meals are being prepared or served.

The organization will be billed for any damage to the equipment, building, or any missing equipment or small wares.

After the application has been reviewed and approved, a copy will be sent to the applicant for use in completing any other paperwork the APS school district may require.

Athletic Fields

Refer scheduling questions for APS backstops and fields to the property manager at 765-5950. APS allows City Parks and Recreation, Little League, Adult City Softball, soccer, and YAFL Football to use facilities

The agencies submit requests and a schedule is distributed to principals. It is the responsibility of the various user groups to notify their participants as to time and location.

These agencies provide their own liability insurance.

Cross Ref.:

• Board Policy K.03
• Procedural Directive Building Access by Employees.
• Rental Agreement Form AC-11

NSBA/NEPN Classification: KFB

Revised: May 1995
Revised: April 1996
Revised: May 1997
Revised: June 2006
Revised: May 2007

This page was last updated on: December 9, 2009.