Shared Use Agreements

Arkansas

Last Updated: 12/28/2013

Code 6-21-101 (2012) authorizes local boards of education to permit the use of the public schools for a community purpose, including recreation and health and wellness activities  ,  provided that they do not interfere with the regular school work. To offset the cost, a school district may charge a fee; accept gifts, grants, and donations; or enter into a joint use agreement with a public agency, public entity, private entity, or nonprofit organization, for shared use and responsibility of the school land or public school facility.Code 14-54-1301 authorizes any city, town or associated board to operate a program of public recreation and playgrounds; acquire, equip, and maintain land, buildings, or other recreational facilities; and expend funds for the operation of the program pursuant to the provisions of this subchapter.

Codes 6-21-501, 6-21-502, 6-21-503, and 6-21-505 (2012) authorize school districts to operate a program of public recreation and playgrounds; acquire, equip, and maintain land, buildings, or other recreational facilities; and expend funds for the operation of the program per this statute. School districts can operate such a program independently or cooperate with any other public corporation, board, or body in any manner in which they mutually agree; or delegate the operation of the program to a recreation board created by one or more of them. The right of a school district to enter into such agreements with any other public corporation, board, or body, or the right to delegate power to a board for operating a program of recreation, is authorized only by a majority vote cast at an annual school election, without the use of state aid. School districts may operate the program independently; cooperate with any other body including a city, town, or board of park commissioners, to conduct such a program and in any manner upon which they may mutually agree; or delegate the operation to another board operating or proposing to operate a program independently or with any cooperating bodies in such manner as they agree.


Arizona

Last Updated: 4/14/2013

Statute 15-363 authorizes local boards of education to operate school buildings and grounds for community recreational use for youth. The local boards of education may determine times at which the school is open for recreational activities, including evening hours and vacation days and enter into contracts with other public recreation boards and agencies to support school recreation centers. Statute 15-364, in addition to authorizing agreements between counties, cities, towns and other school districts for the construction, development, cooperative maintenance, operation and use of parks and recreational facilities, authorizes expenditure of public monies for these purposes, including use of proceeds of bond issues in communities having a population of at least five hundred thousand persons.


California

Last Updated: 4/14/2013

Codes 10900-10914.5 authorize local boards of education to organize, promote, and conduct programs of community recreation; establish systems of playgrounds and recreation; and acquire, construct, improve, maintain, and operate recreation centers. The governing bodies of any public authority may cooperate and enter into agreements with the federal government or another public authority to carry out purposes of this chapter, or to establish, improve or maintain recreation facilities and may jointly establish a system or systems of recreation. Local boards of education may use the district buildings, grounds, and/or equipment, to carry out the purposes of this chapter or grant their use to other public authorities for community recreational purposes when their use does not interfere with public school system purposes.


Colorado

Last Updated: 4/14/2013

Statute 22-32-118 (2012) authorizes local boards of education to establish and maintain programs, including recreational services like playgrounds, paid for by school district moneys or charged through a fee or tuition. Local boards of education may cooperate with any unit of local government, quasi-governmental agency, institution of higher education, or civic organization in offering year-round use of facilities and school personnel for off-hours recreational activities for children, youth, and adults.


Georgia

Last Updated: 6/20/2013

Code 36-64-4 (2010) authorizes any school board to join with any municipality, county, or other school board to conduct and maintain a recreation system including playgrounds, recreation centers, parks, and other recreational facilities and activities. HB 382 (2013) limits liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity.

Code 20-2-85 (2006) instructs school councils to provide advice, recommendations, and assistance and represent the community of parents and businesses. Code 20-2-86 (2006) authorizes school councils to advise school regulatory bodies including the school principle, local board of education, and local school superintendent on community use of school facilities. Code 36-34-3 (2006) imparts any municipal body with the power to accept by gift, acquire, construct, lease, own, regulate, operate, and improve recreational facilities and grounds and buildings for educational purposes. Any municipal body may contract with any other political subdivision for the joint use of any such facilities. 


Iowa

Last Updated: 4/14/2013

Codes 350.1-350.8 create a county conservation board and authorize counties to acquire, develop, maintain, and make available parks, preserves, parkways, playgrounds, recreational centers, and other areas to provide adequate programs of public recreation. Local boards of education may grant use of any buildings, grounds, or equipment of the district to any county conservation board for the purpose of carrying out provisions of this chapter whenever their use will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system. A county conservation board may join with any other county board and may enter into agreement with each other; school districts may aid and cooperate with any county conservation board or any combination of boards in equipping, operating, and maintaining parks, preserves, parkways, playgrounds, and recreation centers, and for providing, conducting, and supervising programs of activities, and may appropriate money for such purposes.


Idaho

Last Updated: 4/14/2013

Code 33-601 (2010) authorizes local boards of education to rent school buildings or other property to or from others for school purposes; contract for the construction, repair, or improvement of any property, or the acquisition, purchase, or repair of any equipment, for the operation of the school district; designate and purchase, or remove and dispose of, real property for school purposes or for district operation; enter into contracts for the joint purchase, construction, development, maintenance, and equipping of playgrounds, swimming pools, and other recreational facilities with any city within school district boundaries; and permit use of  any school building as a community center or for other public purpose and establish charges, if any, for this use.


Indiana

Last Updated: 4/14/2013

Codes 20-26-8-1-20-26-8-2; 20-26-8-13 (2005; 2012) authorize local boards of education of a second or third class city, a town, or a school township, on their own initiative and upon petition per this chapter, to establish and maintain services including community centers, gymnasiums, public playgrounds, and similar activities and accommodations without charge to residents of cities, towns, or townships. Local boards of education may cooperate, by agreement, with other commissioners or boards or school trustees of school townships to provide equipment, supervision, instruction, and oversight required to conduct public educational and recreational activities in and upon other buildings and grounds of public parks and other public buildings and grounds and may use general funds to pay for all expenses associated with the activities. For use of such facilities, a petition must be filed and signed by at least ten percent of the number of those who voted at last general election or by at least 100 freeholders residing in a town or township.


Kentucky

Last Updated: 4/14/2013

Statute 160.293 (1996) authorizes local boards of education to enter into an agreement with a public agency for the purpose of developing and maintaining school property recreational facilities for school and community purposes. Standards for school property recreational facilities include that the property must be used in a manner and at times of no interference with school activities; the control and management of the property is in accordance with administrative regulations adopted by the Kentucky Board of Education; all agreements must have prior approval of the chief state school officer and the Attorney General; and any agreement is not concerned an indebtedness.


Louisiana

Last Updated: 6/20/2013

Code17:3361 (2006) authorizes colleges and universities to lease their grounds to benevolent organizations, nonprofit corporations, or public bodies. Code 33:1324 (2009) allows any parish, municipality, or political subdivision of the state, to make agreements to engage jointly in the construction, acquisition, or improvement of any public project or improvement. Such arrangements may provide for the joint use of funds, facilities, personnel, and/or property, which may include recreational and educational facilities, such as playgrounds, recreation centers, parks, and libraries. Senate Current Resolution 14 (2011, enacted)encourages city, parish and local public school boards to enter into joint-use agreements for school facilities to promote health benefits. Act 351 (2011) provides a limitation of liability for the governing body of an elementary, secondary, or charter school entering into joint-use agreements.


Maryland

Last Updated: 6/20/2013

Codes 7-108 to 7-110 require county boards to encourage the use of public school facilities for community purposes, and if a written application is made to the county superintendent, a county board must provide the school facility for use for civic or recreational purposes (among others) that are open to the public. Nonprofit daycare programs have priority, and the person who applies for the use of the facilities is responsible for all property damage.


Michigan

Last Updated: 5/28/2013

The State Board  of Education Model Policy on Quality Physical Education and Physical Activity in Schools (2012) states that schools and districts are encouraged to establish joint use agreements with local government agencies to allow use of school facilities for physical activity and other community programs.


Montana

Last Updated: 4/14/2013

Codes 20-7-801-20-7-805 (2011) authorize school districts to expend funds to acquire, equip, and maintain land, buildings, and other recreation facilities in order to operate a program of public recreation and playgrounds. School districts may operate the program independently; cooperate with any other body including a city, town, or board of park commissioners, to conduct such a program and in any manner upon which they may mutually agree; or delegate the operation to another board operating or proposing to operate a program independently or with any cooperating bodies in such manner as they agree.


North Carolina

Last Updated: 6/20/2013

Code 115C-12-35 (2009) instructs the state board of education to encourage local boards of education to enter into agreements with local governments and other entities regarding the joint use of their facilities for physical activity. The agreements should delineate opportunities, guidelines, and the roles and responsibilities of the parties, including responsibilities for maintenance and liability. Code 115C-524 (1992) authorizes local boards of education to permit, through agreement, non-school groups to use school property for other than school purposes so long as use is consistent with the proper preservation and care of the public school property. No liability may attach to the board of education, individually or collectively, for personal injury suffered by use of the school property.


New Jersey

Last Updated: 4/14/2013

Code 18A: 4-12 (1967) authorizes a municipality to use lands when not required for school or state purposes as playgrounds or recreation centers for the children of the municipality, and the municipality is liable for any damage done to property. Code 18A: 20-34 (1967) authorizes local boards of education to permit the use of any schoolhouse and rooms therein, and the grounds and other property of the district, when not in use for school purposes, for the holding of social, civic, and recreational meetings and entertainments and other purposes approved by the board.

Code 18A: 20-22 (1967) authorizes local boards of education to join with the governing body of any municipality, or the board of chosen freeholders of the county in which the district is located, in acquiring, improving, equipping, operating and maintaining playgrounds, playfields, gymnasiums, swimming pools, and indoor recreation centers, and may appropriate money and pay over to that body or board money for any of such joint purposes.


New Mexico

Last Updated: 4/14/2013

Statute 5-4-16 (1967) authorizes school districts to construct, own, or operate community recreational facilities on land owned by the school district or acquired by the school district for community recreational facilities. Local boards of education may enter into agreements with any state or federal agency or department to obtain assistance in acquiring, constructing or operating community recreational facilities.


New York

Last Updated: 6/20/2013

Code 414 (2013) authorizes local boards of education to permit the use of school property, even during school hours if not disruptive of school operations, for holding public social, civic, and recreational meetings and entertainments, and other uses pertaining to the welfare of the community for recreation, physical training and athletics. The board of education may determine the terms and conditions for such use, which may include a rental fee sufficient to cover expenses. Additionally, no child may be excluded on the basis that the child is not attending a district school.


Oklahoma

Last Updated: 6/20/2013

Code  5-130 authorizes a board of education to permit the use of any school property for community or other purposes of general public interest and may make a reasonable charge to cover the cost of the use of such property. Also, the state board of education must encourage each board of education to promote the use of the school property both before and after regular school hours.  S.B. 1882 (2012), exempts the state or a political subdivision from liability if a loss or claim results from use of school property and facilities made available for public recreation outside normal school hours, excepting claims resulting from willful and wanton acts of negligence.


Pennsylvania

Last Updated: 4/14/2013

Statute 7-775 (1955) authorizes local boards of education to permit use of school grounds and buildings for social, recreation, and other purposes. Local boards of education can make arrangements with any city, borough, or township authorities for the improvement, care, protection, and maintenance of school buildings and grounds for school, park, play, or other recreation purposes. School buildings or athletic fields can be leased to reputable organizations or groups of persons for charitable purposes, and local boards of education may require charges to reimburse school districts for costs of use, a bond, and a statement of charitable purposes for which the lease is requested.


Tennessee

Last Updated: 4/14/2013

Code 11-21-101 creates a county conservation board and authorizes counties to acquire, develop, maintain, and make available parks, preserves, parkways, playgrounds, recreational centers, and other areas to provide adequate programs of public recreation. Code 11-21-108 (2012) authorizes local boards of education to grant the use of any buildings, grounds or equipment of the district to any county conservation board for the purpose of carrying out this chapter whenever their use will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system. The departments of environment and conservation and education, cooperatively with the Tennessee School Boards Association and the Tennessee Parks and Recreation Association, is required to provide technical advice to assure that school districts and county conservation boards cooperate in making school facilities available for recreational purposes.

Code 11-24-110 (2012) authorizes local boards of education to grant the use of any school district buildings, grounds, or equipment to any municipal recreation system whenever their use will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system. The departments of environment and conservation and education, cooperatively with the Tennessee School Boards Association and the Tennessee Parks and Recreation Association, is required to provide technical advice to assure that school districts and municipal recreation systems cooperate in making school facilities available for recreational purposes.


Utah

Last Updated: 6/20/2013

Code 53A-2-206.5 (2012) requires local school boards to determine the instructional station capacity for various school facilities including physical education facilities and those jointly financed by the school district and another community agency for joint use. Code 53A-3-413 (2008) designates all public school buildings and grounds as civic centers that may be used by district residents for supervised recreational activities. Code 53A-3-414 (2008) requires local school boards to control such use and authorizes them to charge a reasonable fee for the use, and allows them to refuse the use of school property as a civic center if they determines the use inadvisable. 


Vermont

Last Updated: 6/20/2013

Statute 16 V.S.A. § 563(30) permits a school board to make school facilities and equipment available for specified purposes if such purposes appear to be in the best interests of the district and are an efficient, economical, and appropriate use.


Washington

Last Updated: 6/20/2013

Code §28A.335.250 (1975) authorizes second class school district boards to provide for the free, comfortable, and convenient use of school property to promote and facilitate association of people for recreation and other community purposes. Code §28A.335.260 (1975) authorizes second class school districts to establish communal assembly places.

Code §4.24.660 (2009) states that a school district shall not be liable for the injury or death of a person due to action or inaction of persons employed or under contract with a youth program if the action occurs on school property during the delivery of services of the youth program and the program provides proof of insurance meeting certain specifications. Code §28A.335.150 (1969) authorizes boards of directors of school districts to permit the use or renting of school playgrounds, athletic fields, or athletic facilities, by or to any person or corporation for any athletic purposes. Use must be for such compensation and under the terms that the board of directors adopts. Code §28A.335.155 (1999) establishes that school districts have limited immunity in accordance with RCW 4.24.660. 


Wisconsin

Last Updated: 4/14/2013

Statute 119.70 (1989) authorizes local boards of education to establish and maintain gymnasiums, public playgrounds, and similar activities and accommodations in the school buildings and on school grounds for children and adults. Local boards of education may cooperate by agreement with other commissions or boards having the custody and management of public parks and public buildings and grounds to provide the equipment, supervision, instruction and oversight necessary to carry on such recreational activities.


West Virginia

Last Updated: 6/20/2013

Code §18-5-19 authorizes county boards to provide for the free, comfortable, and convenient use of any school property to promote and facilitate meetings and associations of people for recreation and other community activities.


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