1330.1
BP
Board Policy
Joint Use Agreements
In order to ensure the efficient use of public resources and increase access to needed services, the Governing Board may enter into an agreement with any public agency, public institution, and/or community organization to use community facilities for school programs or to make school facilities or grounds available for use by those entities. Such an agreement shall be based on an assessment of student and community needs and may be designed to increase access to spaces for recreation and physical activity, library services, school health centers, preschool programs, child care centers, before- or after-school programs, or other programs that benefit students and the community.
When it is determined that joint use of facilities is in the best interest of the district and community, the Superintendent or designee shall identify a potential partner agency, institution, or organization. The Superintendent or designee shall involve that partner, appropriate district and school staff, and community members in establishing planning processes, goals and priorities for joint use, locations where programs or facilities are most needed, and protocols for ongoing communication and coordination between the partners.
The Superintendent or designee shall work with the partner agency, institution, or organization to develop a written site-specific joint use agreement that delineates the terms and conditions for joint use of the district or community facilities and the responsibilities of all parties. As appropriate, the agreement may address:
- The underlying philosophy or reasons for entering into the joint use agreement
- The specific district or community facilities or grounds that will be made available to the other party and areas that will be restricted
- Priorities for use of the property
- Hours that the property will be available for use by the district, the partner, or other parties
- Projected capital costs, if any, and operating costs
- Resources to be allocated by the district and the partner
- Rental or other fees, if any, to be charged to either party or third parties using the facilities
- Responsibilities for management, scheduling, maintenance, on-site supervision, accounting, and other operations
- Procedures and timelines for requesting use of the facilities
- Code of conduct for users of the facilities and consequences for violations of the code
- Provision for regular inspection and notification of damage, as well as restitution and repair of property
- Safety and security measures
- Liability, insurance, and risk management issues
- Duration of the agreement, process for amending the agreement, and the bases for canceling or terminating the agreement before the expiration date
- Process for resolving disputes regarding any aspect of the agreement
- How any equipment purchased or other investments made through the agreement will be disposed of at the termination of the agreement
The agreement shall be reviewed by legal counsel and approved by the Governing Board.
The Superintendent or designee shall provide regular reports to the Governing Board regarding progress toward project goals, including, but not limited to, levels of participation in joint use programs held at school or community facilities, feedback from program participants, and any report of damage to property or harm to individuals resulting from the joint use. As needed, the Superintendent or designee shall recommend amendments to the joint use agreement.
Legal & Management References
State
Bus. Code 25608 - Alcohol on school property; use in connection with instruction
Ed. Code 10900-10914.5 - Community recreation programs
Ed. Code 17051-17052 - Joint use
Ed. Code 17077.40-17077.45 - Eligibility for joint use funding
Ed. Code 17565-17592.5 - Board duties; management and control of school property
Ed. Code 35200-35214 - Liabilities
Ed. Code 37220 - School holidays; use of facilities when school is closed
Ed. Code 38130-38138 - Civic Center Act; use of school property for public purposes
Ed. Code 44808 - Exemption from liability when students are not on school property
Ed. Code 8482-8484.6 - After School Education and Safety Program
Ed. Code 8484.7-8484.9 - 21st Century Community Learning Centers
Gov. Code 814-825.6 - Liability of public entities and employees
Gov. Code 830-840.6 - Liability; dangerous conditions on property
Gov. Code 895-895.8 - Liability; agreement between public entities
Gov. Code 989-991.2 - Local public entity insurance
Federal
20 USC 7171-7176 - 21st Century Community Learning Centers
20 USC 7905 - Equal access to public school facilities
Management Resources
CSBA Publication - Building Healthy Communities: A School Leader's Guide to Collaboration and Community Engagement, 2009
CSBA Publication - Maximizing Opportunities for Physical Activity Through Joint Use of Facilities, Policy Brief, February 2010
NPLAN Publication - Model California Joint Use Agreements
NPLAN Publication - Liability for Use of School Property After Hours: An Overview of California Law, July 2009
NPLAN Publication - Checklist for Developing Joint Use Agreements, March 2009
Public Health & Policy Publication - Opening School Grounds to the Community After Hours: A Toolkit for Increasing Physical Activity Through Joint Use Agreements, 2010
Website - CSBA District and County Office of Education Legal Services
Website - Joint Use Statewide Task Force
Website - National Policy and Legal Analysis Network
Website - Public Health Law and Policy
Website - California Project LEAN (Leaders Encouraging Activity and Nutrition)
Website - Cities Counties and Schools Partnership
Website - CSBA
Cross References
0450 AR Comprehensive Safety Plan
1220 AR Citizen Advisory Committees
1330 AR Use Of School Facilities
3100 AR Budget
3320-E PDF(1) AR Claims And Actions Against The District
3320-E PDF(2) AR Claims And Actions Against The District
3511 AR Energy And Water Management
3513.3 AR Tobacco-Free Schools
3513.4 BP Drug And Alcohol Free Schools
3515 AR Campus Security
3515.2 AR Disruptions
3515.21 BP Unmanned Aircraft Systems (Drones)
3515.4 AR Recovery For Property Loss Or Damage
3517 BP Facilities Inspection
3530 AR Risk Management/Insurance
5030 BP Student Wellness
5131 BP Conduct
5141.6 BP School Health Services
5142 AR Safety
5148.2 AR Before/After School Programs
5148.3 AR Preschool/Early Childhood Education
6142.7 AR Physical Education And Activity
6163.1 BP Library Media Centers
6177 BP Summer Learning Programs
7110 BP Facilities Master Plan
7150 AR Site Selection And Development
7210 BP Facilities Financing
7214 AR General Obligation Bonds
9260 AR Legal Protection