Code No. 901.1

PUBLIC EXAMINATION OF SCHOOL DISTRICT RECORDS

Public records of the school district may be viewed by the public during the regular business hours of the administration offices of the school district. These hours are 8:00 a.m. to 4:00 p.m. Monday through Friday, except for holidays and recesses during the school year (September-May).  These hours are 7:00 a.m. to 5:00 p.m. Monday through Thursday, except for holidays and recesses during the Summer months (June-August).

Persons wishing to view the school district's public records will contact the board secretary and make arrangements for the viewing. The board secretary will make arrangements for viewing the records as soon as practicable, depending on the nature of the request.

Persons may request copies of public records by telephone or in writing, including electronically. The school district may require pre-payment of the costs prior to copy and mailing.

Persons wanting copies may be assessed a reasonable fee for the copy.  Persons wanting compilation of information may be assessed a reasonable fee for the time of the employee to review and compile the requested information.  The district will make every effort to provide the public record requested at no cost other than copying costs for a record which takes less than thirty minutes to produce.

Costs for legal services utilized for the redaction or review of legally protected confidential information may also be assessed to the individual requesting the records.  Printing of materials for the public at the expense of the school district will only occur when the event is sponsored by the school district.

Pursuant to Iowa law, the board has determined certain records need to be confidential as their disclosure could jeopardize the safety of persons or property and include, but are not limited to, the following:

• Security procedures
• Emergency preparedness procedures
• Evacuation procedures
• Security codes and passwords

It is the responsibility of the board secretary to maintain accurate and current records of the school district. It is the responsibility of the board secretary to respond in a timely manner to requests for viewing and receiving public information of the school district.

Legal Reference:          

Iowa Code § 21.4; 22.7; 291.6 

Approved 9-13-93       Reviewed 2-24-14       Revised 7-25-2022

 

Code No. 902.1

NEWS MEDIA RELATIONS

The board recognizes the value of and supports open, fair and honest communication with the news media. The board will maintain a cooperative relationship with the news media. As part of this cooperative relationship, the board and the media will develop a means for sharing information while respecting each party's limitations.

Members of the news media are encouraged and welcome to attend open board meetings. The board president is the spokesperson for the board, and the superintendent is the spokesperson for the school district. It is the responsibility of the board president and superintendent to respond to inquiries from the news media about the school district.

Members of the news media seeking information about the school district will direct their inquiries to the superintendent. The superintendent shall accurately and objectively provide the facts and board positions in response to inquiries from the news media about the school district.

Legal Reference:          

Iowa Code § 21.4; 22; 279.8 

Approved 9-13-93       Reviewed 2-24-14       Revised  6-21-2021

Code No. 902.2

NEWS CONFERENCES AND INTERVIEWS

The superintendent, on behalf of the board and the school district, may hold a news conference or respond to a request for an interview with the news media. The superintendent shall respond accurately, openly, honestly, and objectively to inquiries from the news media about the school district.

News conferences and interviews planned or prearranged for school district activities will include the board and the superintendent. News conferences for issues requiring an immediate response may be held by the superintendent. It shall be within the discretion of the superintendent to determine whether a news conference or interview shall be held to provide an immediate response to an issue.

It is the responsibility of the superintendent to keep the board apprised of news conferences and interviews.

Legal Reference:          

Iowa Code § 21.4; 22; 279.8 

Approved 9-13-93       Reviewed 2-24-14       Revised 6-21-2021

Code No. 902.3

NEWS RELEASES

The superintendent shall determine when a news release about internal school district and board matters will be issued. In making this determination, the superintendent shall strive to keep the media and the school district community accurately and objectively informed. Further, the superintendent shall strive to create and maintain a positive image for the school district.  It is the responsibility of the superintendent to apporve news releases originating within the school distrcit prior to their release.

News releases will be prepared and disseminated to news media in the school distrcit community.  Questions about news releases will be directed to the superintendent.

Legal Reference:          

Widiner v. Reitzler 182 N.W.2d 177 (Iowa 1970).

Dobrovolnv v, Rejnhprdt 173 N.W.2d 837 (Iowa 1970).

Iowa Code § 21.1 22.7

Approved 9-13-93       Reviewed 2-24-14       Revised 6-21-2021

Code No. 902.4

LIVE BROADCAST OR DIGITAL RECORDING OF SCHOOL DISTRICT EVENTS

Individuals may broadcast or digital record public school district events, including open board meetings, as long as it does not interfere with, or disrupt, the school district event and it does not create an undue burden in adapting the buildings and sites to accommodate the request.

It is within the discretion of the superintendent to determine whether the request is unduly burdensome and whether the broadcast or digital recording will interfere with or disrupt the school district event.

Digital recording of classroom activities will be allowed at the discretion of the superintendent. Parents will be notified prior to digital recording of classroom activities.

It shall be the responsibility of the superintendent to develop administrative regulations outlining the procedures for making the request and the rules for operation if the request is granted.

Legal Reference:          

Iowa Code § 21.4, .7; 22; 279.8

Approved 9-13-93       Reviewed 2-24-14       Revised 6-21-2021

Code No. 902.5

STUDENTS AND THE NEWS MEDIA

Generally, students may not be interviewed during the school day by news media. The students, while on the school district premises, shall refer interview requests and information requests from the news media to the central administration office in their building.

It will be within the discretion of the principal, after consulting with the superintendent, to allow or disallow the news media to interview and to receive information from the student while the student is under the control of the school district. The principal may also contact the student's parents.

It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference:          

Iowa Code § 279.8 

Approved 9-13-93       Reviewed 2-24-14       Revised 6-21-2021

Code No. 902.6

EMPLOYEES AND THE NEWS MEDIA

Employees will refer interview requests and information requests from the news media to the superintendent's office. Employees may be interviewed or provide information about school district matters after receiving permission from the superintendent.

It is within the discretion of the superintendent to allow news media to interview and to receive information from employees.

It is the responsibility of the superintendent to develop guidelines for assisting employees in following this policy.

Legal Reference:          

Iowa Code § 279.8

Approved 9-13-93       Reviewed 2-24-14       Revised 6-21-2021

Code No. 903.1

SCHOOL -COMMUNITY GROUPS

The board values the participation and the support of school district-community groups, including, but not limited to, the booster club and parent-teacher organizations, which strive for the betterment of the school district and the education program.  The board will work closely with these groups.

Prior to any purchase of, or fund raising for the purchase of goods or services for the school district, the group will confer with the superintendent to assist the group in purchasing goods or services to meet the school district's needs.

Funds raised by these groups for the school district may be kept as part of a separate account ofromthe school district or Funds raised by these groups for the school district will be held by the district within a custodial fund account.  This determination will be made by the superintendent or his/her designee

It is the responsibility of the building principal to be the liaison with the school district-community groups affiliated with the building principal's attendance center.

Legal Reference:          

Iowa Code § 279.8

Approved 9-13-93       Reviewed 4-6-09         Revised  4-12-2021

Code No. 903.2

COMMUNITY RESOURCE PERSONS AND VOLUNTEERS 

The board recognizes the valuable resource it has in the members of the school district community.  When possible and in concert with the education program, members of the school district community may be asked to make presentations to the students or to assist employees in duties other than teaching.  The school district may officially recognize the contributions made by volunteers.

Recruitment, training, utilization, and the maintenance of records for the purposes of insurance coverage and/or recognition of school district volunteers is the responsibility of the superintendent.

Volunteers within the district are held to the same high standards of behavior as school employees and will be subject to background checks prior to interacting with students in a volunteer capacity.  It is the responsibility of the superintendent or the superintendent’s designee to create regulations necessary to carry out this policy.

Legal Reference:          

Iowa Code § 279.8; 670

Approved 9-13-93       Reviewed 2-24-14       Revised   4-12-2021

Code No. 903.3

VISITORS TO SCHOOL DISTRICT BUILDINGS & SITES

The board welcomes the interest of parents and other members of the school district community, and invites them to visit the school buildings and sites. Visitors, which include persons the principal of their presence other than employees or students, must notify in the facility upon arrival.

Persons who wish to visit a classroom while school is in session are asked to notify the principal and obtain approval from the principal prior to the visit so appropriate arrangements can be made and so class disruption can be minimized. Teachers and other employees will not take time from their duties to discuss matters with visitors.

Visitors will conduct themselves in a manner fitting to their age level and maturity and with mutual respect and consideration for the rights of others while attending school events or acting as a representative of the school district. Visitors failing to conduct themselves accordingly may be asked to leave the premises'. Children who wish to visit school must be accompanied by a parent or responsible adult.

It is the responsibility of employees to report inappropriate conduct. It is the responsibility of the superintendent and principals to take the action necessary to cease the inappropriate conduct. If the superintendent or principals are not available, the school district employee will act to cease the inappropriate conduct.

Legal Reference:          

Iowa Code § 279.8; 716.7

Approved 9-13-93       Reviewed 2-24-14       Revised 7-19-2021

Code No. 903.4

PUBLIC CONDUCT ON SCHOOL PREMISES

The board expects that students, employees and visitors will treat each other with respect, engage in responsible behavior, exercise self-discipline and model fairness, equity and respect. Individuals violating this policy will be subject to discipline. Students will be disciplined consistent with the student conduct policies. Employees will be disciplined consistent with employee discipline policies and laws. Others will be subject to discipline according to this policy.

Individuals are permitted to attend school sponsored or approved activities or visit school premises only as guests of the school district, and, as a condition, they must comply with the school district's rules and policies. Individuals will not be allowed to interfere with or disrupt the education program or activity. Visitors, like the participants, are expected to display mature, responsible behavior. The failure of individuals to do so is not only disruptive but embarrassing to the students, the school district and the entire community.

To protect the rights of students to participate in the education program or activities without fear of interference or disruption and permit the school officials, employees and activity sponsors and officials to perform their duties without interference or disruption, the following provisions are in effect:

• Abusive, verbal or physical conduct of individuals directed at students, school officials, employees, officials and activity sponsors of sponsored or approved activities or at other spectators will not be tolerated.
• Verbal or physical conduct of spectators that interferes with the performance of students, school, employees, officials and activity sponsors of sponsored or approved activities will not be tolerated.
• The use of vulgar, obscene or demeaning expressions directed at students, school officials, employees, officials and activity sponsors of sponsored or approved activities participating in a sponsored or approved activity or at other individuals will not be tolerated.

If an individual becomes physically or verbally abusive, uses vulgar, obscene or demeaning expression, or in any way interrupts an activity, the individual may be removed from the event by the individual in charge of the event. Law enforcement may be contacted for assistance.

Individuals removed from school premises have the ability to follow the board's chain of command and complaint policies should they choose to do so. The exclusion is in effect should the individual choose to appeal the decision of the superintendent. The term "individual" as used in the policy also includes students and employees.

If an individual has been notified of exclusion and thereafter tries to enter a school building or attends a sponsored or approved activity, the individual will be advised that his/her attendance will result in prosecution. The school district may obtain a court order for permanent exclusion from the school building or from future school sponsored or approved activities.

Legal Reference:

Iowa Code 279.8, .66;716.7 

Approved ____________        Reviewed ____________        Revised 7-10-2021

Code No 903.5

DISTRIBTUION OF MATERIALS

The board recognizes that students, employees, parents or citizens may want to distribute materials within the school district that are noncurricular. Noncurricular materials to be distributed must be approved by the building principal and meet certain standards prior to their distribution.

It is the responsibility of the superintendent, in conjunction with the building principals to draft administrative regulations regarding this policy.

Legal Reference:          

U.S. Const. amend. 1.

Hazelwood School District v. Kuhlmeier, 484U.S. 260 (1988)

Bethel School district v. Fraser, 478 U.S. 675 (1986)

New Jersey v. T.L.O., 469 U.S. 325 (1985)

Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S.503 (1969)

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)

Iowa Code 279.8; 280.22

Approved 4-6-09         Reviewed 2-24-14       Revised 7-19-2021

 

Code No. 904.1

TRANSPORTING STUDENTS IN PRIVATE VEHICLES

Generally, transporting students for school purposes is done in a vehicle owned by the school district and driven by a school bus driver.  Students may be transported in private vehicles for school purposes.  It is within the discretion of the superintendent to determine when this is appropriate.

Individuals transporting students for school purposes in private vehicles must have the permission of the superintendent and meet all applicable requirements set by the district.  Private vehicles will be used only when:

• The vehicle used to transport the student(s) is in good condition and meets all applicable safety requirements;
• The driver possesses a valid drivers’ license;
• Proof of insurance has been supplied to the superintendent and the insurance satisfies the minimum coverage requirements for driving personal vehicles in the State of Iowa ; and
• When the parents of the students to be transported have given written permission to the superintendent. 

The school district assumes no responsibility for those students who have not received the approval of the superintendent and who ride in private vehicles for school purposes. If transportation is not provided by the school district, or if transportation provided by the school district is declined by the student or parent/guardian, then the responsibility and corresponding liability for transportation for school purposes shall rest solely with the student and parent/guardian.

This policy statement applies to transportation of students for school purposes in addition to transporting students to and from their designated attendance center. The superintendent may develop an administrative process to implement this policy.

Legal Reference:          

Iowa Code § 279.8; 285; 321

281 LA.C. 43.

Approved 9-13-93       Reviewed 4-6-09         Revised   4-12-2021

 

Code No. 904.2

ADVERTISING AND PROMOTION

The use of students, the school district name, or its buildings and sites for advertising and promoting products and/or services of entities and organizations operating for a profit shall be allowed only with the approval of the board of directors. Nonprofit entities and organizations may be allowed to use students, the school district name, or its buildings and sites if the purpose is educationally related and prior approval has been obtained from the board.

Legal Reference:          

Iowa Code 279.8 

Approved 9-13-93       Reviewed 2-24-14       Revised 7-19-2021

Code No. 905.1

COMMUNITY USE OF SCHOOL DISTRICT FACILITIES & EQUIPMENT

School district facilities and equipment will be made available to local nonprofit entities which promote cultural, educational, civic, community, or recreational activities. " Entity(ies)" will include organizations, groups and individuals and their agents. Such use will be permitted only when the use does not interfere with or disrupt the education program or school-related activity, the use is consistent with state law, and will end no later than midnight. It is within the discretion of the board to allow for-profit entities to use school district facilities and equipment. The board reserves the right to deny use of the facilities and equipment to an entity. It is within the discretion of the superintendent to allow use of school district facilities and equipment on Sundays.

Entities that wish to use school district facilities or equipment must apply at the building office. It is the responsibility of the building secretary/board secretary or building principal/superintendent to determine whether the school district facility or equipment requested is available and whether the application for use meets board policy and administrative regulations. It is the responsibility of the superintendent and board secretary to provide applications forms, obtain proof of insurance, and draw up the contract for use of school district facilities and equipment.

Use of school district facilities and equipment by entities will be supervised by a school district employee unless special prior arrangements are made with the superintendent. The school district employee will not accept a fee from the entity using school district facilities and equipment. If appropriate, the school district employee may be paid by the school district.

Entities that use school district buildings, or equipment, or sites must leave the building or site in the same condition it was in prior to its use. Inappropriate use of school district facilities and equipment may result in additional fees charged to, or the inability of, the entity to use school district facilities or equipment in the future.

The board may allow entities such as the Boy and Girl Scouts and 4-H, to use the school district facilities and equipment without a charge. While such entities may use the facilities and equipment without charge, they may be required to pay a custodial fee.

It is the responsibility of the superintendent to develop a fee schedule for the board's approval and to develop administrative regulations regarding this policy.

Legal Reference:          

Iowa Code §§ 8D; 123.46; 276; 278.1(4); 279.8; 297.9-.11.

Approved 9 -13 -93     Reviewed 2-24-14       Revised  4-12-2021

 

FACILITY USE AGREEMENT

 

 

            The parties to this Facility Use Agreement (“Agreement”) are the Riverside Community School District, an Iowa public school corporation (“School District”), and ________________ _____________ (“User”).

 

            The School District and User, in consideration of this Agreement and the mutual promises contained herein, agree as follows:

 

1. Facility Premises. 

 

1. Approval Timeline. User agrees that this Agreement must be filled out completely and

returned to the School District Administrative Office located at 330 Pleasant Street, Carson, Iowa at least forty-eight (48) hours before the requested dates to use any of the School District facilities. This is to determine if facilities requested are available.

 

1. Use. The School District agrees to allow User to use the facility known as

_________________________________________ located at ____________________________ ________________, in the City of Carson, State of Iowa (the “Facility Premises”), in accordance with the terms and conditions stated in this Agreement.

 

2.  Use of Facility Premises. 

 

1. Access.  The Facility Premises shall be used by User for ____________________

_____________________________________.  User and its staff and invitees will have access to the Facility Premises during the term of this Agreement on the following days, from ___:00 __.m. until ___:00 __.m., subject to the terms and conditions as stated herein: _________________________________________________________________________________________________.  Only the facilities requested on this Agreement will be used by User and other School District facilities, sites, areas, or equipment are off limits to the User. Occasional access outside these days and times may be scheduled upon mutual agreement of the parties in writing.  User shall also have the non-exclusive right to use available parking facilities at the Facility Premises for the parking of vehicles of its staff and invitees.

 

Notwithstanding the access to the Facility Premises granted to User by this Agreement, the School District shall have priority in scheduling use of the Facility Premises for activities related to the School District and may reschedule User’s days and times stated above upon at least twenty (24) hours’ notice to User.  User also acknowledges and agrees that other groups may use the Facility Premises when it is not in use by User or the School District.  User agrees to cooperate with School District regarding the scheduling of the use of the Facility Premises.

 

User shall follow the School District’s protocols with regard to access and security of the Facility Premises.  The School District may enter the Facility Premises without the prior approval of User, so long as such entry does not unreasonably interfere with User’s use of the Facility Premises.  The School District may enter the Facility Premises at any time for emergencies.

 

B.        Operations. User shall provide its own equipment and supplies for User’s operations, except as otherwise agreed by the parties in writing.  All operations and staffing associated with User’s use of the Facility Premises, including ensuring the safety of User’s staff, and invitees as well as User’s property, are the responsibility of User. 

 

User agrees to accept the Facility Premises in its present condition and configuration.  User shall act in a reasonable manner to keep the Facility Premises in good and clean condition, free and clear of all obstructions and nuisances, and shall remove all trash left by its staff, students, spectators, and invitees. If the School District incurs excessive costs in cleaning or restoring the Facility Premises, site, or equipment to the condition it was prior to its use, the Board of Directors reserves the right to charge the User for these costs. User will not permit the Facility Premises to be damaged or depreciated in value by any negligence or other act or omission of User or its staff and invitees, and User agrees to be responsible for any such damages. User agrees that no food or drinks, other than water are allowed in the School District’s gymnasium facilities.

 

User shall comply with all federal, state, and local laws and regulations and School District policies and rules applicable to the Facility Premises and use thereof, specifically including, but not limited to, prohibitions on smoking in the Facility Premises and on the grounds of the Facility Premises pursuant to the Iowa Code Chapter 142D, restrictions on consumption of alcoholic beverages on the Facility Premises and restrictions on sex offenders pursuant to Iowa Code Chapter 692A.  User shall not permit any activities on the Facility Premises which violate such provisions and accepts responsibility for the strict enforcement of these laws and regulations.  In addition, User shall not use, nor permit the use of, the Facility Premises for any purpose which would adversely affect the value or character of the Facility Premises or cause the Facility Premises to lose exempt status for tax purposes. If User uses the Facility Premises in an inappropriate manner, the User’s ability to use the Facility Premises will terminate immediately.

 

3.  Rent.  For the use of the Facility Premises, User agrees to pay to the School District as rent the sum of $_____________ prior to use of the facilities.  User acknowledges that the School District may require School District staff members to be present during User’s use of the Facility Premises, and User agrees to also pay the School District the cost of having the School District staff members present at these times.  Such payments shall be made to School District within thirty (30) days of User’s receipt of invoice from the School District but prior to use of the facilities.  

 

In the event of a cancellation after the Facility Premises or equipment are made ready for the User, the User will be charged the full rental fee. Cancellations made prior to that will be charged a minimum cancellation fee of 20% of the rental fee or the costs incurred to the School District in anticipation of User’s use, whichever is greater.

           

            4.         Insurance.  User shall carry commercial general liability insurance for protection from any liability arising out of any accident or other occurrence causing any injury and/or damage to any person or property at the Facility Premises due directly or indirectly to any act or omission of User or any person claiming through or under User.  The liability insurance policy for nonprofit organizations shall have limits of not less than $50,000 per occurrence and $100,000 annual aggregate.  The liability insurance policy for for-profit organizations shall have limits of not less than $1,000,000 per occurrence. The School District shall be named as an additional insured on User’s liability insurance policy. Coverage cannot be cancelled or reduced without thirty (3) day’s written notice to the School District. Such policy shall be issued by an insurance company and in a form satisfactory to the School District.  User shall present proof of such insurance to School District.

 

            User shall also carry any insurance required by law, including, but not limited to, worker’s compensation insurance.  User shall present proof of such insurance to the School District upon request. 

                       

            5.         Indemnification.  User agrees to defend, indemnify, and hold harmless the School District and the School District’s directors, officers, employees, and agents from and against any and all demands, claims, causes of action, liability, damages, losses, costs, and expenses (including reasonable attorney fees) arising from the use of the Facility Premises or any act or omission by User under this Agreement.  The obligations in this section shall survive expiration or termination of this Agreement.

 

            6.         Restitution and Recovery of Amounts Owed.  Both parties shall make restitution to the other for any and all property damage caused due to the one party’s use of the Facility Premises of the other, normal wear and tear excepted. 

 

            In the event that it shall become necessary for either party to institute legal proceedings against the other party for recovery of any amounts due and owing under the Agreement, it is expressly agreed that the prevailing party in any such action shall be entitled to recover from the non-prevailing party all costs related to such collection, including reasonable attorney fees and all expert witness fees incurred during pre-suit collection attempts, suit, and post judgment, appeal, or settlement collection.  The obligations in this section shall survive expiration or termination of this Agreement.

 

            7.         Term and Termination.  This Agreement shall be effective as of ___________________ and shall expire on ___________________.   The Agreement may be renewed for subsequent terms of one (1) year each, upon written agreement of the parties.

 

            Prior to its expiration, this Agreement may be terminated (i) upon written notice by either party in the event that the other party breaches this Agreement and fails to cure such breach within ten (10) days after receiving notice of the breach, (ii) in the event User uses the Facility Premises in an inappropriate manner, the School District can terminate this Agreement immediately, (iii) without cause by either party upon sixty (60) days written notice, and (iv) at any time upon mutual agreement of the parties. 

 

8.         Obligations After Termination/Expiration.  The User agrees that upon the termination or expiration of this Agreement, it will cease using the Facility Premises and shall return any Facility Premises to the District in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time.  The User shall remove any of its property from the Facility Premises no later than the termination or expiration date of the Agreement.  The User shall repair any damage caused by such removal.  If User’s property is not removed from the Facility Premises within the specified timeframe, such property may be deemed abandoned and disposed of as determined by District.  Upon the request of District, User shall, at its expense, remove all improvements or appurtenances to the Facility Premises and restore the Facility Premises to its prior state. The obligations in this section shall survive expiration or termination of this Agreement.

 

            9.         Notices.  All notices given under this Agreement shall be in writing, made by certified mail or personal delivery to the parties hereto, at their respective central administrative office addresses.  The date of such notices will be deemed to be the date on which the notice is delivered, in the case of personal delivery, or the date on which the notice is delivered or attempted to be delivered as shown on the certified mail receipt, in the case of certified mail delivery.           

 

10.       Status of the Parties.  It is expressly understood and agreed by the parties that nothing contained in this Agreement shall be construed to create a partnership, association, or other affiliation or like relationship between the parties, it being specifically agreed that their relation is and shall remain that of independent parties to a contractual relationship.  In no event shall a party be liable for the debts or obligations of another party.

 

11.       Assignment; Binding.  Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

 

12.       Governing Forum and Law.  The parties consent to the jurisdiction of the Pottawattamie County, Iowa District Court for all matters relating to this Agreement and agree that this Agreement shall be governed by the laws of the State of Iowa. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, then such provision shall be deemed null and void, but without invalidating the remaining provisions hereof.

 

13.       Force Majeure.  Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other for failure to comply with any obligation under this Agreement, nor shall any charges or payments be made in respect thereof, if prevented from doing so by reason of a contingency beyond the reasonable control of the parties, and all requirements as to notice and other performance required hereunder within a specified period shall be automatically extended to accommodate the period of pendency of any such contingency which shall interfere with such performance.

 

1. The parties agree that if a dispute between the parties arises out of

this agreement, they would want the court to interpret this agreement as follows:

 

1. With respect to any provision that it holds to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law, by disregarding that provisions;

 

1. If an unenforceable provision is modified or disregarded in accordance with this section, by holding that the rest of this agreement will remain in effect;

 

1. By holding that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable; and

 

1. If modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, by holding the entire agreement unenforceable.

 

                                   

            15.       Counterparts.  This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument.

 

16.       Entire Agreement.  This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.  None of the terms of this Agreement shall be modified except by a written instrument duly signed by both parties.

           

(Signatures on next page)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The parties hereto have duly approved and executed this Agreement on the dates set forth below.

           

 

RIVERSIDE COMMUNITY                                  USER:

SCHOOL DISTRICT:                                            

                                                           

 

By: _____________________________                   By: ___________________________

 

Name: __________________________                    Name: ________________________

 

Title: President, Board of Directors                            Title: _________________________

 

Date:____________________________                   Date:________________________

 

 
 

 

Code 905.1E2

COMMUNITY USE OF SCHOOL DISTRICT FACILITIES & EQUPMENT INDEMNITY AND LIABILITY INSURANCE AGREEMENT

The undersigned, hereafter referred to as "entity", states that it will hold the Riverside School District, hereafter referred to as "school district," harmless from any and all damages and claims that may arise by reason of any negligence on the part of the entity in the use of any facilities or equipment owned by the school district. In case any action is brought therefore against the school district or any of its officers, employees or agents, the entity will assume full responsibility for the legal defense thereof, and upon its failure to do so on proper notice, the school district reserves the right to defend such action and to charge all costs, including attorneys' fees, to the entity.

The entity agrees to furnish and maintain during the usage of the facilities or equipment owned by the school district such bodily injury and property damage liability insurance as will protect the entity and the school district from claims or damages for personal injury, including accidental death, and from claims for property damages which may arise from the entity's use of the school district's facilities or equipment whether such operations be by the entity or by anyone directly or indirectly employed by the entity.

The entity will furnish the school district with a certificate of insurance acceptable to the school district's insurance carrier before the contract is issued.

Dated at __________________, Iowa, this _____ day of_______ 20_____

________________________________________________________________School District Entity

By________________________________                By ____________________________

                                                                                                Superintendent

Title ______________________________                 By_____________________________

Secretary

__________________________________

Address

 

Approved: ____________       Reviewed 2-24-14       Revised: 1-21-2019

Code No. 905.1R1

COMMUNITY USE OF SCHOOL DISTRICT FACILITIES & EQUIPMENT REGULATION

1. Alcoholic beverages will not be brought to or consumed on school grounds.
2. Smoking is prohibited in school district facilities and on school district grounds.
3. After a school district facility, site, or equipment has been used by an entity, cleaning, including restoring the facility, site or equipment to the condition it was in prior to its use, will be done by employees assisted by a committee from the entity. The fee charged to the entity for the use of the facility, site, or equipment will include these costs. However, if excessive costs are involved in cleaning or otherwise restoring the facility, site, or equipment to the condition it was in prior to its use, the board reserves the right to charge the entity for these excessive costs.
4. Entities are required to stay within the area of the school district facility or site and use only the school district equipment authorized by the school district for use by the entity. Other school district facilities, sites, or areas in the school district building or equipment are off limits to the entity.
5. A cancellation after the facility or equipment is made ready for the entity will be charged at the full rate. Cancellations made prior to that time will be charged a minimum cancellation fee or the costs incurred to the school district in anticipation of the entity's use, whichever is greater.

Code No. 905.1R2

FEES FOR USE OF SCHOOL DISTRICT FACILITIES

Rates for Rental of Facilities, for the first two hours of use:

Elementary School Gym -- $15.00

Elementary School Gym with kitchen  --  $20.00

Middle School Gym  --  $15.00

Middle School kitchen & lunch room  --  $15.00

High School Gym  --  $20.00

High School Auditorium  --   $15.00

High School kitchen and lunch room  --  $15.00

Any regular classroom  --  $10.00

Add to the above:

For each additional half hour  --  $5.00

For providing chairs and/or tables for meetings  --  $10.00

Custodial charges  --  $25.00 per employee hour

Supervision by a cook when kitchen in use  --  $20.00 per employee per hour

In addition to paying the above fees, each renter must make arrangements with the school district to have adequate custodial and supervisory services. Buildings will not be available unless a contract is signed by the renter and the school district well in advance of scheduled usage. The Superintendent has the right to waive fees.

Legal Reference:         

 Iowa Code 297.9 -.11 (2013)

Approved 9 -15 -97     Reviewed 4-6-09         Revised 1-21-2019

Code No. 905.2

COMMUNITY USE OF SCHOOL DISTRICT BUILDINGS & SITES & EQUIPMENT FOR PRIVATE PROFIT

The buildings and sites of the school district may be made available for a fee to local for-profit entities. The fee may be in the form of a percentage of revenue raised by the event. Such use will be permitted only when it does not interfere with or disrupt the education program or school ­related activity, and it is approved by the board. The board reserves the right to deny use of the buildings and sites to any group.

There shall be a written contract and proof of insurance coverage on file with the board secretary prior to the scheduled event. An employee of the school district must be present at the event.

It shall be the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference:          

Iowa Code § 276; 278.1(4); 288; 297.9-.11 (2013).

1982   Op. Att'y Gen. 561.

1972   Op. Att'y Gen. 339.

1940   Op. Att'y Gen. 232.

1936   Op. Att'y Gen. 196.

Approved 9-13-93       Reviewed 2-24-14       Revised  1-21-2019

Code No. 905.2E1

USE OF FACILITIES FOR PRIVATE PROFIT-APPLICATION FORM

The undersigned applicant makes application for the use of the school building and room designated below. The applicant will provide police protection at its own expense, if necessary, to maintain order and to properly protect the district's property. The applicant agrees to the pay any and all fees, to have school employee supervision, and to provide proof of liability insurance.

The applicant agrees to hold the school district harmless from any and all damages and claims that may arise by reason of any negligence on the part of the applicant or the district, and its officers, employees, and agents, in the use by the applicant of any facilities owned by the district. In case any action is brought therefore against the district or any of its officers, employees, or agents, the applicant shall assume full responsibility for the legal defense thereof; and upon its failure to do so on proper notice, the district reserves the right to defend such action and to charge all costs, including attorneys' fees to the applicant.

The applicant agrees to abide by the district's policies concerning the use of the facilities. These policies include but are not limited to, the prohibition of alcohol, tobacco and nicotine on school district property or in school district buildings and vehicles.

Building: _________________________ Date of Use: ______________ Hours: ________________

Room(s):_________________________________________________________________________

Purpose: _________________________________________________________________________

Equipment Needs: _________________________________________________________________

Total Fee Due: $____________

Organization: _____________________________________________________________________

Contact Person: _________________________________ Telephone: ________________________

Address: _________________________________________________________________________

______________________________  ________________  _________________________________

(signature of applicant)              (date)               (signature of superintendent or designee)

Code No. 905.2R1

FEES FOR USE OF SCHOOL DISTRICT FACILITIES FOR PRIVATE PROFIT

Rates for Rental of Facilities, for the first two hours of use:

Elementary School Gym  --  $15.00

Elementary School Gym with Kitchen  --  $20.00

Middle School Gym  --  $15.00

Middle School Gym with Kitchen & Lunch Room  --  $15.00

High School New Gym  --  $20.00

High School Auditorium  --  $15.00

High School Kitchen & Lunch Room  --  $15.00

Any Regular Classroom  --  $10.00

For each additional half hour  --  $5.00

The above stated amounts or 5% of the gross revenue taken in by the project, whichever is greater.

Add to the above:

For providing chairs and/or tables for meetings  --  $10.00

Custodial charges  --  $25.00 per hour per employee

Supervision by a cook when kitchen in use  --  $20.00 per hour per employee

In addition to paying the above fees, each renter must make arrangements with the school district to have adequate custodial and supervisory services. Buildings will not be available unless a contract is signed by the renter and the school district well in advance of scheduled usage.

Legal Reference:          

Iowa Code 297.9 -.11 (2013)

Approved 11-17-97     Reviewed 11-17-97     Revised 1-21-2019

Code No. 905.3

SUNDAY USE OF SCHOOL DISTRICT BUILDINGS & SITES & EQUIPMENT

Generally, the school district buildings and sites will not be used for student activities on Sunday. It shall be within the discretion of the superintendent to allow student activities on Sundays. If there is an approved activity to use the building it should not be used before 12:30 PM.

The community in compliance with board policy may use buildings and sites.

Legal Reference:          

Iowa Code & 297.9-. 11 (2013)

Approved 9-13-93       Reviewed 2-24-14       Revised 1-21-2019

Code No. 905.4

TOBACCO/NICOTINE-FREE ENVIRONMENT

Tobacco and nicotine use is prohibited onSschool district facilities and grounds, including school vehicles., are off limits for tobacco or nicotine use, including the use of look-a-likes where the original would include tobacco or nicotine.  This requirement extends to students, employees and visitors.  This policy applies at all times, including school-sponsored and nonschool-sponsored events.  Persons failing to abide by this request are required to extinguish their smoking material, dispose of the tobacco, nicotine or other product or leave the school district premises immediately.  It is the responsibility of the administration to enforce this policy.

Legal Reference: 

20 U.S.C. 6083

Iowa Code §§ 142D; 279.8, .9; 297.

Approved 9-13-93       Reviewed 11-17-97     Revised:  4-12-2021

Code No. 907.R1

DISTRICT OPERATIONS DURING A PUBLIC HEALTH EMERGENCY REGULATION

During a public health emergency, the district will seek guidance and recommendations from federal, state and local agencies that monitor and respond to the emergency.  The district will follow any mandatory closures or other mandatory measures imposed by such agencies. 

The superintendent, in conjunction with relevant government agencies and/or athletic and activity associations, will determine under what circumstances the district will restrict or cancel in-person learning, student events or activities including sporting events, extracurricular clubs or meetings for students, and the use of district facilities by outside organizations. 

The district will promote and follow other recommended measures and guidance from federal, state and local agencies to the extent reasonably practicable under the circumstances.  These measures may include, but are not  limited to the following:

• On-line learning, hybrid models of learning, or modified in-person learning may occur dependent on the circumstances and in accordance with applicable law. 
• Hand washing and any other recommended hygiene practices will be taught to all students and employees.
• Non-medical-grade face masks are encouraged to be worn by all individuals on school grounds, including students, employees and volunteers.  Masks will be provided to individuals who request them.  Reusable masks should be washed regularly by individuals wearing them. 
• Employees, volunteers and students are encouraged to monitor their temperatures each morning prior to traveling to any school building or event.  Individuals with a temperature over 100.3 degrees may not enter school buildings or attend school events.
• Employees, voolunteers, students, parents and visitors to the buildings will be required to compy with Buiolding Entey Guidelines and General Disease Mitigation Strtigies  as apporved by the Board.
• Due to the increased cost to the district of providing additional cleaning and disinfecting measures, and in order to preserve cleaning supplies for school use during the time of a public health emergency, the superintendent has discretion to restrict the use of school buildings and facilities for non-school groups in a neutral and non-discriminatory manner.

Approved  7-20-2020                      Reviewed  8-17-2021                                       Revised   8-17-2021