Policy 3515.21 - Unmanned Aircraft Systems (Drones)

Unmanned Aircraft Systems (Drones)

The Governing Board recognizes that unmanned aircraft or aerial systems (drones) may be a useful tool to enhance the instructional program and assist with District operations. In order to avoid disruption and maintain the safety, security, and privacy of students, staff, and visitors, any person or entity desiring to use a drone on or over District property shall submit a written request for permission to the Superintendent or designee.

A small unmanned aircraft system or drone is an aircraft weighing less than 0.55 pounds (8.8 ounces) that is operated remotely without the possibility of direct human intervention from within or on the aircraft and the associated elements, including communication links and controls, required for the pilot to operate the aircraft safely and efficiently. It does not include model aircraft or rockets such as those which are radio controlled and used only for hobby or recreational purposes.

The Superintendent or designee may grant permission to District employees and students for the use of drones only if the planned activity supports instructional, cocurricular, extracurricular, athletic, or operational purposes. Such uses may include, but are not limited to, instruction in science, technology, engineering, and math (STEM), the arts, or other subjects; maintenance of grounds and facilities; and campus security. When used for instructional purposes, there shall be a clear and articulable connection between drone technology and the course curriculum.

Students shall only operate a drone on or over District property under the supervision of a District employee as part of an authorized activity

The process prior to operating a drone on District property is as follows:

1. The site principal or administrator will identify the authorized operators and ensure that they have Certificates of Authorization (COA) from the Federal Aviation Administration (FAA).
2. The manufacturer information included with the drone will explain how to request a COA:
   • The operator will register by going to the FAA website: https://www. FAA.gov and click “Register your UAS”
   • At that time, the FAA will advise the operator that he/she will need a sports pilot license or greater to operate the drone
   • The registration process will also ask for a sectional chart of the area and do the risk and hazard assessments
3. If satisfactory, the Western FAA Regional Operations team will send a COA to the operator
4. A copy of the COA for each operator should be maintained at the school site.

The Superintendent or designee may grant permission to other persons or entities under terms and conditions to be specified in a memorandum of understanding.

Any person or entity requesting to operate a drone on or over District property, including a District employee, shall provide a description of the type of operation requested, flight location, date and time of the planned flight, anticipated duration, and whether photos and/or video will be taken. As applicable, the applicant shall also present a copy of his/her Certificate of Waiver or Authorization or exemption issued by the Federal Aviation Administration.

Any person or entity, other than a District employee or student, who is requesting or operating a drone on or over District property shall agree to hold the District harmless from any claims of harm to individuals or property resulting from the operation of the drone and provide proof of adequate liability insurance covering such use.

In determining whether to grant permission for the requested use of a drone, the Superintendent or designee shall consider the intended purpose of the activity and its potential impact on safety, security, and privacy. The decision of the Superintendent or designee shall be final.

Any person authorized to use a drone on District property shall sign an acknowledgment that he/she understands and will comply with the terms and conditions of the District's policy, federal law and regulations, state law, and any local ordinances related to the use of drones.

When any use of drones is authorized, the Superintendent or designee shall notify the drone operator of the following conditions:

The operator is responsible for complying with applicable federal, state, and/or local laws and regulations, including the Federal Aviation Administration’s guidelines for model aircraft operations, which states that operators must:

Fly below 400 feet and remain clear of surrounding obstacles

Keep the aircraft within the visual line of sight at all times

Remain clear of aircraft and do not interfere with manned aircraft operations

Not fly within five miles of an airport

Not fly near people or stadiums

Ensure the aircraft is limited to not more than 55 pounds

The drone shall be kept away from any area reasonably considered private, including, but not limited to, restrooms, locker rooms, and individual homes.

The District reserves the right to rescind the authorization for use of drones at any time. The Superintendent or designee may remove any person engaged in unauthorized drone use on District property and/or may confiscate the drone. He/she may also shut down the operation of any authorized drone use whenever the operator fails to comply with the terms of the authorization or the use interferes with District activity, creates electronic interference, or poses unacceptable risks to individuals or property.

In addition, the following District guidelines must be followed:

1. District funds may not be used to purchase a UAS without permission of the Superintendent or designee.
2. A UAS can only be used as described when provided approval for use by the Superintendent or designee.
3. The operator must never use a UAS without supervision, permission, or in poor weather conditions.
4. Use of a UAS without permission or supervision may result in disciplinary action.
5. Use of a UAS without following District guidelines, as well as federal and state laws and regulations, may result in disciplinary action.
6. A UAS cannot be used for commercial purposes.
7. Use of a UAS is limited to instructional and educational purposes only.
8. Any UAS with camera, video, or voice recording capability shall not be used in any manner which infringes on the privacy rights of any other person(s).

Any student or staff member violating this policy shall be subject to disciplinary action in accordance with District policies and procedures.

Rule 3515.21

Unmanned Aircraft Systems (Drones)

Airspace above United States’ land is regulated by the Federal Aviation Administration (“FAA”). Drones can be operated legally only under one of two FAA regulatory categories – (1) Hobby or Recreation Use, or (2) Commercial Use. Any District employee or student wishing to operate an Unmanned Aircraft System (“UAS”) as part of their job duties or as part of a District program must determine which regulations apply under the appropriate option.

If you operate a drone for District purposes in an illegal manner, the District’s insurance may not be able to cover you or defend you should a liability claim or lawsuit be filed against you, and you may be personally subject to significant government fines. Thus, the importance of knowing which regulatory option you are operating under and understanding (and following) all regulations of that option.

Any District employee, student, or unit purchasing a UAS (or the parts to assemble a UAS) with District funds or funds being disbursed through a District account, or grant funds, must contact the District’s Business Services Department in order to assess the District’s ability to adhere to FAA guidelines, other necessary FAA exemptions, or meet local compliance requirements.

Option One: Flying for Hobby or Recreation Use Only

This option is described under FAA Special Rule for Model Aircraft (Section 336).

• Student use of a registered drone as a verifiable component of science, technology, aviation, or television/film production coursework
• The operator, whether student or not, is NOT compensated, either directly or indirectly, for the operation of the drone
• If hobby/recreational only use, the drone is operated in accordance with a community-based set of safety guidelines and within the programming guidelines of a nationwide community-based organization
• A teacher’s use of a drone may ONLY be incidental to a student’s coursework use. Such use may include, for example, regaining control of the UAS following a student’s loss of control. Teacher use cannot include any full flight demonstration, nor off-site practice flights using a District-owned UAS, since a teacher’s use must remain secondary and incidental to the student’s operation of the UAS at the time in order to maintain Hobby/Recreational status.

Option Two: Requirements: Hobbyist/Recreational User

• The UAS (AKA “model aircraft” for Hobbyist/Recreational use) must be registered with the FAA if it weighs over 0.55 pounds (8.8 ounces).
• An application for a District “Permit for Use of Unmanned Aerial System” (“Permit”) must be submitted to, and approved by, the District’s Business Services Department prior to the use of any drone over District property (or use anywhere of a District-owned UAS).

Option Two: Flying for Commercial Use

This option is described under the FAA’s Small UAS Rule (Part 107).

• Anyone receiving any sort of compensation for the use of the drone (with the narrow exception being as noted in Option One above for a teacher’s de minimis use). For example, a Facilities Department employee using a drone to survey a new construction site is considered a commercial user, as they are being paid a salary as part of their job to operate the drone.
• Any visitor, vendor, or contractor flying over District property who is being compensated in any way, by anyone, to operate the drone.

Option Two: Requirements: Commercial Users

• The UAS must be registered with the FAA if it weighs over 0.55 pounds (8.8 ounces).
• An application for a Permit (“Application”) must be submitted to, and approved by, the District’s Business Services Department prior to the use of any drone over District property (or use anywhere of a District-owned UAS).
• All commercial users must maintain a Remote Pilot Airman or Remote Pilot in Command Certification, and pertinent FAA certificates of authorization or waivers.
• Vendor/Contractor commercial use of a UAS over District property is allowable if contracted by the District for a specific business use, a vendor agreement/contract and appropriate insurance certificate is on file with the District’s Business Services Department, and an approved Permit is on file.
• A signed Unmanned Aerial System (Drone) Use Indemnification Agreement must be on file with the District.

Permit for Use of Unmanned Aerial System

Any hobbyist or commercial user third party wishing to use a UAS or model aircraft over District property must first receive a Permit through the District’s Business Services Department by filing a completed Application at least ten (10) business days before the intended flight. Non-District third party commercial users planning to use a UAS must also provide proof of FAA approval, along with proof of insurance with a limit of no less than $2 million per occurrence, $3 million overall CGL and add the District as additional insured. The third-party commercial user must also sign the District’s form of “Unmanned Aerial System (Drone) Use Indemnification Agreement” holding the District harmless from any resulting claims, harm to individuals, or damage to property. A form of the Agreement is attached to these Policies as Exhibit “A”.

Application Requirements

1. The operation of any UAS equipment on and over lands owned and operated by the District shall follow all state and federal regulations and requires a Permit.
2. A form of the Application is attached to these Policies as Exhibit “B”.
3. The Chief Business Officer will review the Application and make a recommendation of approval, noting any limitations.
   1. For approval of an Application:
      • The Application must be submitted at least ten (10) business days prior to operations on campus.
      • The Application must include all required information in its content.
      • The envisioned operation must comply with applicable laws, government regulations, and other District policies.
      • The envisioned operation must not pose an unacceptable threat to health, safety, privacy, or the environment, either in an absolute sense or compared to other methods of obtaining the desired information.
      • The envisioned operation must be judged to be in the best interest of the public and the District.
4. Local law enforcement use of UAS technology in execution of a search warrant or as part of a tactical response to an immediate threat is automatically authorized, subject to applicable law and government regulations.
5. Authorized operators with a valid Permit will check in with the Business Services Department designated representative (“District Representative”) before use on campus and will notify the District Representative upon leaving campus.
6. The District holds the right to immediately shut down the operation of a UAS if it creates any type of electronic interference, poses a hazard to sensitive campus equipment, or interferes with any District activity.

Requirements During Operation

1. Flying for Hobby or Recreation Use Only Authorized operators in this category must comply with all FAA requirements found at: https://www.faa.gov/uas/recreational_fliers/
2. Commercial Users Authorized operators in this category must comply with all FAA requirements found at: https://www.faa.gov/uas/commercial_operators/

Maintenance and Storage

The District department which purchased the UAS is responsible for maintenance and storage of all UAS equipment. When not in use, the UAS must be secured in a locked area.