Exhibit B - Board Policy Use of Facilities - KG and KG-R (1)

AID 1828050 · View on Simbli

Agenda Item

i. Lease ~ First Amendment to Lease Agreement ~ Clarkston Community Center (Updated 6.6.2025)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County Board of Education (“the Board”) approve the First Amendment to Lease Agreement between DeKalb County School District and the Clarkston Community Center Foundation.
Why: Approval of the First Amended Lease Agreement supports the continued operation of the Clarkston Community Center, which provides essential community services including educational programs, arts, and recreational opportunities for the residents of DeKalb County.
Details: The lease covers the former Clarkston High School (“Old Clarkston High School”), now the Clarkston Community Center, located at 3703 College Avenue, Clarkston, GA, including designated grounds (Exhibit “A” - Legal Description of the property).
Exhibit A-1 (Map of the property).

Under the terms of the First Amended Lease Agreement, the term is for a period of 10 years beginning July 1, 2025, expiring June 30, 2035. The Lessee (Clarkston Community Center ) assumes full responsibility for:

Lessee’s expenses
Utilities
Ongoing general repairs and maintenance of the property
Financial impact: Per the First Amended Lease Agreement, Clarkston Community Center will pay One Dollar and no cents ($1.00) annually due on the commencement date and anniversary of the commencement date.

Revenues associated with this lease will be directed to the District’s General Fund.
Contact: Mr. Erick Hofstetter, Chief Operating Officer; Division of Operations, 678.676.1475
Mr. Keith Singleton, Director; Business Services Department, Division of Operations, 678.676.1422
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
                               Exhibit B

      Board Policy KG: Use of School Facilities (as amended)

            Regulation KG-R(1): Use of School Facilities


The above policies and regulations are incorporated herein by reference.
                                                        Exhibit B
                                                                                                          Board Policy Manual
                                                                                                  DeKalb County School District




 Board Policy KG: Use of School Facilities                                                                              Status: ADOPTED

 Original Adopted Date: 08/09/2004 | Last Revised Date: 12/14/2011 | Last Reviewed Date: 12/14/2011


The primary purpose of the school facilities of the DeKalb County School District is to provide a suitable setting in
which to educate the students of DeKalb County. First priority for the use of school facilities therefore shall be
given to the school’s curricular and extracurricular needs and other school-sponsored activities, as determined by the
school principal. School-related support groups, such as PTSAs, PTOs, and booster clubs, shall have second priority.
The Board of Education also recognizes that school facilities represent a significant investment on the part of the
District’s residents. The Board therefore encourages community use of school facilities when such use will not
interfere with the District’s educational mission.
Only the following outside organizations shall be eligible to apply for use of school facilities:
   1. Non-profit organizations that are based in the District and whose members are mostly District residents;
   2. Governmental agencies located in the District or serving District residents;
   3. Businesses located in or serving the District, but only for school or community oriented purposes; and
   4. Organizations currently approved by the Georgia State Board of Education to serve as Supplemental
      Educational Services (“SES”) providers to District students and are currently under contract with the District to
      provide SES to eligible District students, but only for the purpose of providing SES to such students.
Organizations other than those listed above may apply to use decommissioned or unoccupied facilities. Individuals
are not eligible to apply for use of school facilities.
The Plant Services Department shall process applications and administer requests for use of school facilities by
outside organizations. Any use of school facilities by outside organizations must be consistent with the Board’s
policies and administrative regulations, must not involve unlawful conduct, and must be acceptable to the school
principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule that enables the District
to recoup the costs involved in the use of school facilities by outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious, political or philosophical views
or expressive activity. Organizations granted permission to use school facilities shall not unlawfully restrict
participation in the activity or event because of an individual’s race, religion, sex, creed, national origin or disability.

Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority
for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the
policy.

Note: To access the policy references, CLICK HERE: State of Georgia Terms and Conditions and close the LexisNexis tab, which will
return you to the policy. Click on the links below to be taken to each specific code. You should only have to do this one time per
session.


State                                                   Description
Ga. Const. Art. IX, § III, Para. I                      Intergovernmental contracts
                                                        Acquiring and disposing of school sites; building, repairing, renting, and
O.C.G.A. 20-02-0520
                                                        furnishing schoolhouses
                                                        Facilities grants for charter schools; purposes for which grants may be used;
O.C.G.A. 20-02-2068.2
                                                        upkeep of charter school property; availability of unused facilities
O.C.G.A. 51-01-0053                                     Recreational joint-use agreements

                                                                                                                                              1
State              Description
Rule 160-4-9-.06   Charter Authorizers, Financing, Management, and Governance Training

Federal            Description
20 USC 7905        Equal Access to Public School Facilities

Cross References   Description
KEB                Solicitations
KEB-R(1)           Solicitations - Solicitations




                                                                                         2
                                                         Exhibit B
                                                                                               Board Policy Manual
                                                                                       DeKalb County School District




Regulation KG-R(1): Use of School Facilities                                                               Status: ADOPTED

Original Adopted Date: 12/14/2011 | Last Reviewed Date: 12/14/2011


  I. Allowable Uses of School Facilities

     The following guidelines shall govern the use of school facilities, including all buildings, grounds, athletic
     facilities, fields and parking lots at District schools and other District sites.
        A. School-Sponsored Activities

           The primary purpose of our school facilities is to provide a suitable setting in which to educate the
           students of DeKalb County. Therefore, school-sponsored activities shall always take priority over any
           other use of school facilities. “School-sponsored activities” means a school’s curricular and
           extracurricular programs and any other activity undertaken by and in the name of the school, as
           determined by the school principal, and should be open to all students regardless of ability to pay.

           Other groups may be denied use of school facilities or have their permission for use revoked when the
           principal concludes that the group’s use would interfere with school-sponsored activities. The school
           principal is responsible for approving and scheduling school-sponsored activities. To be accessible to all
           areas of the community, schools occasionally are requested to host District events.
        B. School-Related Support Groups
           Because school-related support groups make significant contributions to our students and our schools,
           they have second priority for the use of school facilities. “School-related support groups” means
           organizations devoted exclusively to the support of the school and school-sponsored activities, such as
           PTSAs, PTOs, and booster clubs.
           All meetings or other activities of school-related support groups must be approved in advance by the
           school principal. School-related support groups are not required to apply to the Plant Services
           Department or pay a fee for meetings and non-fundraising activities that have the principal’s advance
           approval. For all other uses, such groups must apply to the Plant Services Department and may be
           required to pay a usage fee, subject to the requirements below for outside organizations.
        C. ​Outside Organizations
           Outside organizations are welcome to use school facilities when such use is consistent with the Board’s
           policies and administrative regulations and does not interfere with the activities of our schools or school-
           related support groups, as determined by the principal. Outside organizations must apply for use
           through the Plant Services Department, as described below. Outside organizations seeking a one-time
           use of school facilities may not reserve a school facility more than three months in advance.
           “Outside organizations” means those organizations other than the District’s schools and school-related
           support groups that are eligible under Board policy to request use of school facilities. These
           organizations are limited to the following:
               1. Non-profit organizations that are based in the District and whose members are mostly District
                  residents;
               2. Governmental agencies located in the District or serving District residents, as discussed more fully
                  below;
               3. Businesses located in or serving the District, but only for school or community oriented purposes;
                  and
               4. Organizations currently approved by the Georgia State Board of Education to serve as
                  Supplemental Educational Services (“SES”) providers to District students and currently under
               contract with the District to provide SES to eligible District students, but only for the purpose of
               providing SES to these students.
         Organizations other than those listed above may apply to use decommissioned or unoccupied facilities.
         Outside youth organizations or groups whose members are mostly students who reside in the District
         shall have priority over other outside organizations for use of school facilities.
II. Applying for Use of School Facilities
   Outside organizations wishing to use school facilities must apply to the principal of the school at least thirty
   business days prior to the requested use date. Application forms may be obtained at the school or on the
   District website. The application must be signed by the representative of the organization who will be
   responsible for the activity or event. The principal shall be responsible for initial approval or denial of the
   requested use. The principal shall forward all applications, whether approved or denied, to the Plant Services
   Department, who will consult with the principal or building supervisor about the requested use before final
   approval or denial of the application.
   Requests to use District-wide stadiums and auditoriums or other District-wide facilities will be considered on a
   case-by-case basis by the Plant Services Department or the Athletic Department, in consultation with the
   building supervisor.

   The following factors will be considered in reviewing all applications:
      1. type of activity or event;
      2. potential impact on the facility;
      3. duration and frequency of the activity or event;

      4. availability of adequate District personnel to oversee the facility during the activity or event and clean
         the facility after the event;
      5. number of participants expected;
      6. safety and security concerns;
      7. previous experience with the organization;
      8. potential interference with other activities at the facility;
      9. the need for a rest period for the facility or grounds; and

    10. other needs or interests of the school or the District.
   If an outside organization wants to charge an admission fee, they must state the amount of the fee in the
   application and obtain prior approval, which will be reflected in the use agreement.
      A. Facilities Use Agreement
         If the outside organization’s application is approved, an authorized representative of the organization
         must sign a facilities use agreement before any preparations or activities may take place at the school
         facility. The use agreement must state that at least one authorized representative of the organization
         will be present during the activity or event.
         The use agreement must state that the requesting organization agrees to save, defend and indemnify the
         DeKalb County Board of Education, the DeKalb County School District, and all of its officials, agents, and
         employees from and against any and all claims, action or cause of action, loss, damage, injury, costs
         (including court costs and attorneys’ fees), charge liability or exposure, including, but not limited to, any
         loss resulting from or arising out of or in any way connected with the use of a school’s facility and/or
         grounds.
         Requesting organizations must provide a certificate of insurance indicating that the following insurance
         requirements have been met:
            1. Commercial General Liability Insurance or Public Liability Insurance with minimum coverage limits
               of $1,000,000 each occurrence and $1,000,000 aggregate. Such liability insurance must cover
               property damage (fire and collapse), personal injury (including medical expenses and wrongful
               death) and contractual liability;
            2. Workers Compensation Insurance (when applicable to the requesting organization) that meets
               statutory limits; and
            3. The DeKalb County School District must be named as an additional insured on the liability policy
               and be listed as the certificate holder with the following address: 1701 Mountain Industrial
               Boulevard, Stone Mountain, Georgia 30083. Said liability policy shall be issued on a primary and
               non-contributory basis. The certificate of insurance and corresponding policy endorsement(s) are
               to be submitted at the time the use agreement is submitted for approval.
         The standard facilities use agreement can be found at item KB-E of the Board policy manual and also on
         the District website.
         Except for use agreements involving substantial improvements to school property or intergovernmental
         agreements (see Items IV.C and IV.D below), the maximum term of a use agreement is one year.
      B. Renewal of Use Agreement
         Renewal requests must be submitted to the Plant Services Department at least thirty business days prior
         to the expiration of the use agreement. Renewal is not automatic. The same factors that apply to an
         initial application will be considered in connection with a request for renewal. In addition, any violations
         of a previous use agreement or other problems with the organization will be taken into consideration.
      C. Cancellation of Use Agreement
         The District reserves the right to deny an outside organization’s application or cancel the organization’s
         use agreement when it deems such action to be in the best interest of the District or a school. The
         outside organization is responsible for providing timely notification to its members or other participants
         of a cancellation. When schools are closed because of hazardous weather or other emergencies, all use
         of school facilities is canceled.
III. Fees for Outside Organizations
   To comply with Georgia law, outside organizations must pay all costs resulting from their use of school
   facilities, including utilities, security, supervision, clean-up, maintenance, depreciation, overtime and any other
   costs to the District. Anticipated excessive demands on utilities must be disclosed on the application so that
   an appropriate fee can be charged. A fee schedule will be established to reflect such costs and can be
   obtained from the Plant Services Department or on the District website. Fees may be changed from time to
   time to reflect current costs. The Plant Services Department may, in its discretion and on a case-by-case basis,
   reach agreements with outside organizations to accept in-kind donations of good or services beneficial to the
   District in lieu of the customary fees, so long as the value of the donation equals or exceeds the District’s
   costs.
   Payment should be submitted to the Plant Services Department. If fees are not paid in full at least fifteen
   business days in advance of the activity or event, permission to use the school facility may be withdrawn. If an
   activity is canceled at least three business days in advance of the activity or event, any prepaid user fee will be
   refunded, less any costs the District has incurred. At the discretion of the Department, payment may be
   requested in the form of a cashier’s check or money order.
   A clean-up fee will be assessed if the organization does not leave the facility and grounds clean. The Plant
   Services Department, in consultation with the principal, may require the organization to pay for or to provide
   police protection or security personnel.

   Fees paid for the use of school facilities must be posted to a District account, not an individual school account.
   At the discretion of the Plant Services Department or the Athletic Department, outside organizations may be
   required to pay a deposit for activities involving large groups or activities that may result in damage to school
   property. Failure to pay a required deposit may result in the cancellation of the use agreement. The deposit
   will be held by the relevant department and will be returned at the end of the approved use, less any
   deductions for damage, unpaid fees or other costs resulting from the use.
IV. Particular Uses

      A. Fundraising by Outside Organizations
         No outside organizations may conduct fund-raising activities at school facilities other than non-profit
         organizations recognized as tax-exempt under section 501(c)(3). Such organizations must provide a copy
         of their IRS determination letter and establish their legitimacy to the satisfaction of the Plant Services
         Department before any fundraising activities will be allowed. Outside organizations may not use school
         facilities for any fund-raiser that includes gambling or games of chance.

      B. Political Meetings
         Town hall meetings and political forums held on school property must comply with Board Policies BHC:
         Board Member Political Activity and GAHB: Staff Political Activities in addition to this regulation.
      C. Use of Athletic Fields or Facilities

         Athletic fields or facilities may be subject to a use agreement of up to five years when the requesting
         organization expends substantial resources to improve the field, such as installing lights, irrigation
         systems, or scoreboards. Each such arrangement will be reviewed periodically and discontinued if the
         school’s athletic facilities are being harmed.

         In advance of the spring, fall and summer athletic programs, principals from each high school and the
         District will determine the needs for athletic fields and facilities. Agreements with outside organizations
         will be reviewed in light of these needs.

         Each year, the Superintendent will provide to the Board a report listing the athletic facilities subject to
         such usage agreements, to include the organization using the facility, the type of use, and the
         improvements made or obligated.
      D. Governmental Agencies

         Governmental agencies wishing to establish an intergovernmental agreement involving shared resources
         which will be of benefit to DeKalb County residents should submit their proposal to the Superintendent.
         Proposals approved by the Superintendent will be recommended to the Board with a summary of the
         proposed terms. Examples of programs that would benefit residents include sports activities, summer
         camp, senior citizen activities and educational programs. In reviewing proposals, priority will be given to
         programs for youth.
         Governmental agencies wishing to use school facilities for other purposes should apply through the Plant
         Services Department. If the governmental agency provides goods, services, facilities, and equipment
         that are beneficial to the District, the governmental agency may be exempt from payment of some or all
         of the customary fees.

         Pursuant to Board Policy LD and the Board’s resolution with DeKalb County, DeKalb County
         departments and all county sponsored or affiliated sports organizations are not responsible for usage
         fees, although the organization remains responsible to the District for any additional labor costs.

V. Additional Rules Governing Use of School Facilities
   All organizations shall follow these additional rules governing use of school facilities:
      1. An outside organization shall not restrict participation in an activity or event taking place at a school
         facility because of an individual’s race, religion, creed, sex, national origin or disability.
      2. A school custodian and/or other District employee, as designated by the principal, must be present
         during the activity or event. School employees are not permitted to give their building keys to an
         outside organization.
      3. Signs, banners, pennants, etc. may not be erected on school property unless the permission of the
         principal or designee is obtained in advance and only if such displays do not deface school property. Any
         such signage must comply with Board Policy KJ: Advertising in the Schools.
      4. Adequate supervision, as approved by the Plant Services Department in consultation with the principal,
         must be present for activities involving children. The organization is responsible for supervision of
         children involved in the activity.

      5. Parking is permitted only in designated parking areas.
      6. The number of attendees may not exceed the number authorized and must be in compliance with local
         fire codes.

      7. Approved users and their participants must stay in their assigned area at all times. Entry into other areas
         of the facility will be considered trespassing.

      8. Any use of a facility beyond the time specified in the use agreement is subject to additional fees charged
         in quarter hour increments.

      9. All activities must be orderly and lawful and must comply with all federal, state and local laws.
    10. Use of any facilities by outside organizations must end by 9:00 p.m.

    11. Food and beverages are allowed inside school buildings only if requested in the application and approved
        in the use agreement. The organization is responsible for clean-up of all areas used.
    12. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property.

    13. The use of tobacco products is prohibited in school facilities and on school property.
    14. School facilities that are available for use by outside organizations are gymnasiums, cafeterias, playing
        fields and athletic fields. Requests to use auditoriums, theaters, concession facilities, media centers,
        classrooms, conference rooms and common areas will be considered on a case by case basis by the Plant
        Services Department, in consultation with the school principal. The school principal may use his/her
        discretion to determine whether classrooms may be used by outside organizations during the school day.
    15. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged.
        Requests to use public address systems or audio visual equipment will be considered on a case by case
        basis by the Plant Services Department, in consultation with the school principal. A fee will be charged
        and District personnel must be used. The following types of District equipment may not be used by
        outside organizations: food preparation equipment, musical instruments, athletic equipment, computers,
        technical or laboratory equipment.

    16. Outside groups may not make any modifications to school facilities in order to accommodate their use of
        the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing
        systems or to the structure or grounds of the facility.
          17. Outside organizations using a facility under a facilities use agreement may not sublease school facilities
              to other organizations or individuals or transfer or assign their use agreement to anyone.

          18. Individuals are not eligible to apply for use of school facilities.
          19. School facilities shall not be used for anything other than the use(s) approved in the use agreement.

Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority
for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the
policy.
Note: To access the policy references, CLICK HERE: State of Georgia Terms and Conditions and close the LexisNexis tab, which will
return you to the policy. Click on the links below to be taken to each specific code. You should only have to do this one time per
session.


State                                                   Description
Ga. Const. Art. IX, § III, Para. I                      Intergovernmental contracts
                                                        Acquiring and disposing of school sites; building, repairing, renting, and
O.C.G.A. 20-02-0520
                                                        furnishing schoolhouses
                                                        Facilities grants for charter schools; purposes for which grants may be used;
O.C.G.A. 20-02-2068.2
                                                        upkeep of charter school property; availability of unused facilities
O.C.G.A. 51-01-0053                                     Recreational joint-use agreements
Rule 160-4-9-.06                                        Charter Authorizers, Financing, Management, and Governance Training

Federal                                                 Description
20 USC 7905                                             Equal Access to Public School Facilities

Cross References                                        Description
KEB                                                     Solicitations
KEB-R(1)                                                Solicitations - Solicitations