Policy 3730 – Use of Unmanned Aircraft (Drones)

For purposes of this policy, an unmanned aircraft, or drone, is defined as any powered, aerial vehicle that does not carry a human operator that (1) when operated outdoors, is subject to federal regulation as an unmanned aircraft, including as a “model aircraft”; or (2) uses aerodynamic forces to provide vehicle lift and can fly autonomously or be piloted remotely.

General Restrictions and Prohibitions

Except for certain drone operations that are conducted by public protective services agencies or law enforcement officers who are engaged in their official duties, section 114.045 of the state statutes prohibits any person from operating a drone, from any location, without the express authorization of the District in each of the following circumstances:

  1. Over a property owned by the District when the property is being used for an event approved by the School Board, including but not limited to any District-sponsored activity.
  2. Over a property on which a District school is located during periods when the relevant school is open to students for instruction.

Unless express, advance authorization is granted by the District pursuant to this Policy, the District additionally prohibits the operation of a drone, whether indoors or outdoors, if any one or more of the following applies to the situation:

  1. By any person who is located on District property.
  2. As part of or by a person who is actively participating in a District-sponsored program or activity.
  3. By any official, employee, or authorized agent (e.g., a District-approved volunteer) of the District who is acting in their official capacity or within the scope of their District-designated duties or responsibilities.
  4. By a student who, when operating the drone, is at school or otherwise under the supervision of a school district authority.
  5. By a contracted service provider while the individual or entity is rendering services to the District.

Requests for Authorization to Operate a Drone

Requests for authorization to operate a drone as an exception to section 114.045 and/or to any of the prohibitions established in this Policy shall be submitted for review using the online Request for Drone Usage application, found on the KUSD website.

The person making the request shall provide such information as the District may deem necessary to evaluate the request (e.g., the date, time, location, and general purpose of the proposed drone operation; the identity of the individual(s) who will operate the drone; and, as applicable, whether the drone(s) will be operated under the Federal Aviation Administration’s (FAA) rules for recreational operation or under the FAA’s Part 107 rules).

The requester is responsible for verifying that the request was received as intended and confirming the decision of the District.

Responding to Requests for Authorization

In addition to any District authorization that is provided by contract, the following individuals may authorize (or deny authorization for) the operation of a drone as an exception to section 114.045 and/or to any of the prohibitions established in this Policy:

  1. The District Administrator or Designee; or
  2. Provided the request is not a request to operate a drone for an educational purpose within a District-sponsored program or activity (which shall be decided by the District Administrator or Designee):

The administrator who approves or denies a request for authorization, or such person’s designee, shall respond to a request that is subject to section 114.045(1m)(b)1 of the state statutes, as further described above (operation over District property), within 5 business days.  Internal requests that raise approval issues beyond section 114.045, such as a request for authorization to operate a drone as part of a District-sponsored program or activity or in connection with an employee’s or agent’s district-assigned duties and responsibilities, are not subject to the 5-day deadline. If deemed necessary or appropriate, the District’s response may be that the request has been denied but may be given further review.

To the extent permitted by law, a request for authorization to operate a drone under this Policy shall be deemed denied unless it is expressly approved.

Any District authorization to operate a drone that was issued as an exercise of District discretion may be subject to conditions specified by the District and may also be withdrawn. After any withdrawal of authorization has been communicated to the appropriate party, the party shall cease all affected drone operations.

Special Exceptions for Certain Governmental Operations

The United States armed forces, the national guard, and any public protective services agency and their authorized personnel, including federal, state, and local law enforcement officers and fire and rescue personnel, who are lawfully operating a drone in their official capacity for an authorized governmental purpose (as determined by state and federal law) are not subject to the above restrictions. Further, to the extent it may be required, such entities and their authorized personnel have School Board authorization to operate drones from and/or over District property for such purposes pursuant to this paragraph of this Policy. However, the District appreciates advance coordination and advance communication regarding any such operations that are of a non-emergency or non-essential nature.

Additional Conditions and Consequences

District permission or authorization to operate a drone that is given to any non-District third party shall not be construed to involve (1) the transfer of any liability to the District, (2) the waiver of any claims that might be brought by the District, or (3) the waiver of any District immunity from or any defenses to claims that the District otherwise would be permitted to assert. Further, any such third party and the actual operator(s) of such third party’s drone(s) are solely responsible for knowing and adhering to all state and federal laws related to the ownership, registration, marking, and operation of the drone(s).

A person who operates a drone or who attempts to operate a drone on or above District property, or in connection with a District-sponsored event or activity, in a manner that violates District policy, that is inconsistent with any approval or authorization given by the District, or that is unlawful is subject to appropriate consequences, including but not limited to possible exclusion from District property or events, possible District-imposed discipline, and/or possible state or federal prosecution or other enforcement actions.

Legal Ref.:

  • Wisconsin Statutes
    • Section 114.04 [lawful flight; flying and landing limitations]
    • Section 114.045 [limitations on operating drones over school property]
    • Section 114.05 [liability of the owner, lessee, and pilot of an aircraft]
    • Section 114.09(1)(b)2 [careless or reckless operation of an aircraft prohibited]
    • Section 114.105 [drone defined; regulation of drones by municipalities and counties generally prohibited]
    • Section 175.55 [drone defined; limitations on use by law enforcement]
    • Section 941.292(1) [drone defined; weaponized drones prohibited]
    • Section 942.10 [prohibited use of a drone to photograph, record, or observe in locations where person has a reasonable expectation of privacy]
  • Federal Law
    • 49 U.S.C. §44809 [exception for limited recreational operations of unmanned aircraft; per a statutory note, includes some educational purposes]
    • 14 C.F.R. Ch. I [federal aviation regulations; generally]
    • 14 C.F.R. Part 48 [federal aviation regulations; registration and marking requirements for small unmanned aircraft]
    • 14 C.F.R. Part 89 [federal aviation regulations; remote identification requirements for unmanned aircraft]
    • 14 C.F.R. Part 107 [federal aviation regulations; operation and certification of small unmanned aircraft systems other than under §44809]
    • FAA Website [home page for FAA rules, policies, and other significant agency guidance related to Unmanned Aircraft Systems, including Advisory Circular AC 91-57D (2025)]

Cross Ref.:

Affirmed: August 25, 2026

Rule 3730 – Use of Unmanned Aircraft (Drones)

The administrative approval of a proposal or request to operate a drone within a District program or activity for an educational purpose is a discretionary decision. Authorization for any such operation of drone must be requested and obtained prior to the proposed operation of any drone(s).

A proposal or request to operate a drone within a District program or activity for an educational purpose shall be denied if any of the following apply:

  1. Assuming the proposal would involve the outdoor operation of a drone for an educational purpose under the federal rules that apply to recreational flying, the requester fails to clearly identify or confirm all of the following to the satisfaction of the approving administrator:
    1. The specific set of safety guidelines, developed by a qualifying community-based organization (CBO), under which the proposed drone operations will occur. Possible examples include the guidelines of the Academy of Model Aeronautics (AMA) or the guidelines of the Flite Test Community Association (FTCA).
    2. That any supervising adult who provides instruction related to the operation of a drone and/or who may be called upon to directly intervene in the operation of a drone, as well as all persons who will operate the drone will have passed and will carry confirmation of passage of the applicable aeronautical knowledge and safety test.
    3. That the proposal is strictly limited to operations for a qualifying educational/recreational purpose.
    4. That the location in which the drone operations will occur has been identified/confirmed as “Class G” (uncontrolled) airspace, as designated by the FAA.
  2. The proposal would involve the operation of a drone outdoors before sunrise or after sunset, unless it is conclusively shown to the satisfaction of the approving administrator that the applicable CBO safety guidelines being followed address night flight as contemplated by the proposal and that the operations can reasonably comply with the applicable guidelines.
  3. The proposal would involve the operation of a drone, of any weight, directly above or otherwise unreasonably proximate to any person, not directly participating in the operation of the drone, who is not protected by a covered structure. Unreasonably proximate means near enough that, taking into account the weight and safety features of the drone, the drone operation would pose an undue hazard, including in the event of a loss of control of the aircraft for any reason.
  4. The proposal would involve the operation of a drone directly above or otherwise unreasonably proximate to (a.) unprotected vehicles (including moving vehicles), or (b.) any structures or other property on District grounds that would be vulnerable to unacceptable damage in the event of an accidental collision with the proposed drone.
  5. The proposal would involve the operation of a drone from, or occurring above, non-District property (including other public property) where permission has not been obtained from the property owner or where the operation from or above non-District property would occur directly above, or otherwise unreasonably proximate to, any unprotected person who is not directly participating in the operation of the drone, any unprotected vehicles, or any other property or structures to which the drone would pose an undue hazard.
  6. The proposal would involve the operation of a drone without the presence of a knowledgeable District employee or other responsible adult who is acting as a District-authorized supervisor of the activity and the participants.

As to any drone operations for an educational purpose that are authorized by an administrator, the adult(s) acting as the supervisor of the activity on behalf of the District are responsible for implementing the activity in a manner that does not involve a violation of the above-stated parameters that lead to the denial of requests/proposals.

Additional factors that would generally weigh against the possible approval of a proposal to operate a drone for an educational purpose include the following:

  1. The primary purpose of the proposed drone operation would be to photograph or otherwise record people (due to both safety and privacy concerns).
  2. Any proposed operator of a drone is not at least 11 years old.
  3. Any drone that would be operated under the proposal is not equipped with propeller guards, although the size of the drone and other specific circumstances of the proposed use will be considered in applying this factor.

Factors that would generally weigh in favor of approval of a proposal to operate a drone for an educational purpose include the following:

  1. A clear educational objective for the project or activity has been identified that goes beyond a desire to simply capture images or video for creative purposes.
  2. Indoor or outdoor operations are proposed to occur under supervised and well-controlled conditions, including in an area that, for the duration of the activity, has been specifically and exclusively designated for the flight of the drone(s) and that would be unlikely to be materially damaged in the event of an accidental collision with the drone. An example would be a large field, not presently being used for other activities, that allows for both room to operate the drone as well as an identified buffer zone.
  3. For any proposal to operate a drone indoors, there is an established set of written safety guidelines that will apply to the activity. (See above regarding requirements for guidelines for outdoor drone operations.).
  4. The drone that would be operated, inclusive of all cargo and attachments, would weigh not more than 10 pounds if operated outdoors or not more than 2 pounds if operated indoors. By FAA definition, a drone that can be flown outdoors under the rules that apply to small unmanned aircraft systems must weigh less than 55 pounds.
  5. The drone(s) proposed to be used are District-owned and District-maintained.
  6. The District is able to confirm that District liability and property damage insurance applies to the proposed drone operations.

Responding to the Unauthorized, Dangerous, or Unlawful Operation of a Drone

If a drone is being operated (or attempting to operate a drone) on or above District property or in connection with the District-sponsored event or activity in a manner that is, or that appears to be, in violation of District policy, inconsistent with any approval given by the District, or in a manner that is (1) careless or reckless, (2) imminently dangerous or damaging to persons or property, (3) materially interfering with how District-controlled property is currently being used, (4) invasive of a person’s privacy, or (5) otherwise potentially unlawful, then an administrator or another District employee or authorized agent of the District may take such action as is reasonable to address and alleviate the situation, including any of the following:

  1. Identifying the operator of the drone and requesting the person to cease the activity.
  2. Temporarily or indefinitely suspending a District activity that is being affected by the operation of the drone.
  3. Referring the incident for further administrative or supervisory evaluation and response, including possible disciplinary action.
  4. If the drone is being operated from District-owned or District-controlled property, informing the operator that the operation of the drone is not authorized and must immediately cease. A person in possession of, operating, or attempting to operate a drone in an unauthorized or unlawful manner may be denied admittance to or ejected from such property by any administrator or by a designated staff member or other responsible adult who is acting on behalf of the District as an on-site supervisor at the time of the incident.
  5. Taking pictures or video of a drone, of any drone registration number, or of the drone’s operations to assist with the documentation of specific concerns.
  6. Contacting law enforcement or federal regulatory personnel. Contacting local law enforcement can be particularly appropriate whenever there is a concern with trespass, disorderly conduct, reckless conduct, actual injury or actual property damage, privacy violations, harassment, or other violation of state law.