Robert Ogilvie, ChangeLab Solutions

1. Opening community access to schoolsOpening community access to schools
and other public properties throughand other public properties through
Shared UseShared Use
Presented by
Robert S Ogilvie, PhD
VP Strategic Engagement

5. Formal Joint Use agreements policies
are a more permanent solution

6. Joint Use can be enshrined in
land use plans

7. State wide policies can set expectations and provide
incentives and penalties

8. State School Boards Associations can create model
policies
and facilitate joint use in individual districts.

9. District policy
DC Open Schools directive - guidelines to ensure community ac
to District of Columbia Public Schools outdoor facilities and gro
for recreational purposes

10. Policies don’t open school gates though –
agreements do that

11. Unlocking the Gates
Bellevue, WA
Partners:
City of Bellevue Parks & Rec and Issaquah SD
Agreement:
SD provides access to Cougar Elementary School fields.
City provides annual field maintenance.
Management committee meets annually to work out any problems
with agreement.

12. oor and Outdoor Access
Corning, Tehama County
Partners:
Recreation Department, Corning Union ESD and
Corning Union HSD
Facilities
8 ES and 3 HS  Gymnasiums, swimming pools,
tennis courts, athletics fields
Activities spread out to avoid disproportionately
heavy use on 1 facility

13. (School) (Non-Profit)
Nonprofit Partnerships & programming
Pinellas County, FL
Partners:
Pinellas County School Board and YMCA
Agreement:
YMCA offers before- and after-school child care, art
classes, and sports clinics/leagues at numerous district
school facilities.

15. Reciprocal Access
Seattle, WA
Partners:
City of Seattle Parks & Rec and Seattle School District No. 1
Facilities:
Athletic fields and complexes
Swimming pools
Community centers

16. Look beyond the school yard

17. http://www.flickr.com/photos/cjb19772009/7284286040/in/pool-great_allegheny_passage
ublic Rights of Way

20. http://www.flickr.com/photos/manyhighways/3652475343/

21. Community groups might need access to the school
kitchen for meals programs

22. Make staff a central part of planning

23. Liability- Invitees
Maintenance
Operations
Liability
Ownership
Scheduling
aware of MOLOS and deal with them in the
agreement

26. Legal Research
Findings
 Governed by state law
 All 50 states have some defenses
o All 50 have some level of governmental immunity
o Some states have recreational users defenses
 In no state are rules for recreation use more onerous than
rules that apply during school day
 In many states the rules are more lenient

27. Other Forms of Protection from
Liability

28. Insurance
 Schools carry
insurance
 All groups
using schools
must be
insured

29. Indemnity
Indemnification clause:
a contract provision
in which one party
agrees to be
responsible for any
liability that the
other party might
incur.

30. Find a solution where everyone wins
Earlimart School District
Benefit – 3 ½ acre park
Responsibility – park maintenance and
liability.
Tulare County RMA
Benefit – Access to site as emergency
“ponding basin” in case of flooding
Responsibility – planning, funding and
construction
Earlimart Community
Benefit – New public park accessible to all residents
Beautification of neighborhood

31. Joint use is shared:
• Maintenance
• Security
• Repairs
• Improvements
• Access to new
funding
How do schools benefit?

32. Joint Use can show the public the value and
accessibility of our public institutions

33. TOOLKITS & FACT SHEETS

34. PRIMERS AND GUIDES

35. DISCLAIMER
The information provided in this seminar is for informational purposes only, and
does not constitute legal advice. ChangeLab Solutions does not enter into
attorney-client relationships.
The primary purpose of this training is to address legal and/or policy options to
improve public health. There is no intent to reflect a view on specific legislation.
ChangeLab Solutions incorporates objective non-partisan analysis, study, and
research in all our work.
No federal funds were used to create this presentation

36. Thank you!
Robert Ogilvie
rogilvie@changelabsolutions.org
changelabsolutions.org
© 2012 ChangeLab Solutions
This material cannot be copied or reproduced without permission.