5 Key Insurance Requirements for District and BOCES Facility Users

School districts and Boards of Cooperative Educational Services across New York are enforcing strict facility-use insurance mandates that require organizations to secure up to $10 million in coverage for high-hazard events.

Mandatory Insurance Tiers for Facility Users

Under the district rules, any outside organization or individual using school property must name the District or BOCES as an Additional Insured on their liability policies. The required coverage levels scale directly with the risk level of the planned activity.

Standard facility use requires a $1 million limit for each occurrence and aggregate. Activities involving inflatables push the requirement higher, demanding $2 million for events utilizing standard inflatables, $3 million for broader use categories, and $5 million depending on the scope. Carnivals, firework displays, and other high-hazard events trigger the maximum threshold of $10 million in general liability and umbrella or excess coverage.

Groups Must Secure Primary Insurance from Rated Insurers

All participating groups must secure policies from an insurer rated A- or better by A.M. Best. New York State licensed and admitted insurers are strongly preferred for all filings.

The policy must explicitly state that the organization’s coverage acts as primary and non-contributory for the district, its board, employees, and volunteers. Policies must also include a waiver of subrogation in favor of the district across all coverages, including workers’ compensation. Facility users must attach completed endorsements, such as CG 20 26 or equivalent, to their Certificate of Insurance before any event takes place.

Users Indemnify District for Injuries in Event Areas

Facility users must sign agreements covenanting to defend, indemnify, and hold harmless the district against any liability, loss, damages, or claims arising from property use. This legal obligation covers bodily injury or property damage affecting employees, invitees, guests, spectators, and contractors.

The indemnification extends beyond primary event spaces. Agreements explicitly hold users responsible for incidental areas connected to the permit, including sidewalks, walkways, parking lots, entrances, and stairs.

Missing Insurance Constitutes a Material Breach of Contract

Failing to obtain the mandated insurance constitutes a material breach of contract, exposing the user to damages, indemnification claims, and other legal remedies. Organizations must submit valid certificates of insurance and proof of workers’ compensation or disability coverage on Form CE-200 prior to accessing any district facilities.