Department of Education Community Use Agreement

10 February 2022

Blog post

You can also find information about sharing agreements through the Arkansas Coalition for Obesity Prevention. Childhood obesity has tripled in the United States over the past 40 years. The epidemic is linked to the fact that most communities do not contain a built environment that promotes healthy physical activity. Thanks to state-imposed school welfare policies, schools are beginning to adopt policies to help combat this epidemic, but many schools have reduced physical education class hours and many schools do not have access to land for outdoor activities. As a result, many schoolchildren still do not engage in enough physical activity during school hours. In addition, many children and their families do not have sufficient recreational facilities to exercise and play after school. Fortunately, a promising new tool has emerged, known as the Shared Use Agreement, that addresses many of these concerns. A Shared Use Agreement (SDA) is a formal agreement between two separate government agencies, often a school district and a city or county, that sets out the terms and conditions for the division of public property. Generally, each party helps fund under an agreement on the sharing, development, operation and maintenance of shared facilities. Neither party is fully responsible for the costs and liabilities associated with recreational facilities. In addition, after normal school hours, schools can continue to provide their students and the local community with the facilities they need to maintain an active and healthy lifestyle, with little or no additional cost.

Shared use agreements between schools and the municipal government can help provide more opportunities for the entire community to engage in physical activity. These videos show some communities and schools in Arkansas that have successfully used sharing agreements. Grants are available through the Ministry of Primary and Secondary Education and others. To ensure that community activities do not conflict with planned school events, principals have the authority for final approval. Community Use of Schools partners who wish to use CMS facilities can submit an application through the Community Use of Schools office. Historically, schools have had a variety of recreational facilities such as gymnasiums, playgrounds, fields, squares, and tracks. However, most of these schools close their property to the public after the school closes because they have concerns about costs, vandalism, safety, maintenance, and liability in the event of injury. At the same time, in these times of budget constraints, building duplicate facilities, such as those already available in community schools, is simply not the best use of time or resources. As interest in tackling childhood obesity increases, so is the demand for recreational facilities in the community. As a first step, parents and community members can request access to these public facilities by asking their school and municipal officials to enter into a sharing agreement. If school facilities or school grounds are made available to the community, the built environment and public health of the community are likely to improve. The use of school facilities that would not otherwise be used after school hours allows for a more efficient use of public space and money, as well as an almost effortless strategy against childhood obesity.

The primary purpose or function of public schools is to create high-quality educational environments conducive to the learning of the students they serve. It is the policy of the Charlotte-Mecklenburg Board of Education to promote the use of school buildings and land by the municipality for educational, recreational, civic and cultural activities, to the extent possible under public school laws and regulations. Accordingly, the shared use of school buildings and land for educational, recreational, civic and cultural activities is permitted, provided that such use does not conflict with the use of public school buildings and facilities for public school purposes and activities, with state and federal laws, with local ordinances, or with the proper maintenance of school facilities and grounds. Seattle, WA, has implemented a complex sharing agreement between the city and school district to simplify planning for all urban school and recreation facilities: www.cityofseattle.net/parks/Publications/JointUse.htm California School Board Association (CSBA) oversees national and state education policy activities and advises board members, superintendents, and national and state leaders on the impact of these activities on local school administration. The ABCS has a typical board policy for shared use agreements. This sample board policy provides guidance to school districts to share the costs and risks of using school or community facilities with other institutions. Nov 2020 – Minor review of existing documentation to align website policies and content with current issues related to procedural and departmental changes. NPLAN has developed a comprehensive note on the liability risks of using public school assets after work to reduce obesity: a survey conducted in fifty states to help school and government lawyers assess liability risks so that school officials can overcome their reluctance to participate in joint agreements. In 2009, NPLAN released legal tools to create Shared Use Agreements (UAAs) between school districts and local governments.

Recognizing that there are a number of ways to manage the sharing agreement, NPLAN has developed four model sharing agreements that can serve as a model for communities wishing to open school recreational facilities outside of business hours. Guidelines for the assessment of applications from the municipality, not-for-profit organizations and commercial organizations for the use of school facilities. New York City, NY, has launched an initiative for playground schoolyards through a sharing agreement: www.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_release&catID=1194&doc_name=www.nyc.gov/html/om/html/2007b/pr223-07.html&cc=unused1978&rc=1194&ndi=1 For these reasons, laws have been enacted in many states that encourage or even require schools to use their facilities for Community. The National Policy & Legal Analysis Network to Prevent Childhood Obesity (NPLAN) has developed an analysis of the laws of 50 states that deals with school sharing and is very useful in identifying state policies that address the use of school assets by community members for extracurricular purposes. While some schools were reluctant to move forward with JARs, many schools and communities were pleased with the results: increased funding for school districts, revitalization of neighborhoods, and increased physical and social activity. For use of the kitchen by external groups, please contact the School Food Services Branch at 733-8400. The dining room and the stage parts of the cafeteria are subject to the guidelines on this page. Combat childhood obesity through shared recreational facilities (Safe Routes to School, 2013) Rental of facilities, care services and public services.

Depending on the type of use requested, one or more of the eligible fees may not apply. For user fees, please refer to the attached document Use of Facilities: Fee Schedule. Complete the application for use of the facilities and submit it to the school office at least 10 days before the desired date of use. For periods of use not exceeding 12 consecutive months, the Director or a representative approves or disapproves of the use. For periods of service of more than 12 consecutive months, the school will process the application with the final approval of the Lands and Natural Resources Board. February 2021 – Updated policy, which may include, but is not limited to, updated contact information, business unit or job titles, typographical, text and style changes, and hyperlink repair. Starting August 25, 2021, Charlotte-Mecklenburg Schools (CMS) will allow Community Use of Schools partners to use our indoor facilities through Community Use of Schools. We will also allow the use of our parking spaces and continue to allow the use of our fields.

The California Shared Use Task Force has documented several success stories in shared use: www.jointuse.org/resources/success-spotlight The principal or agent is responsible for collecting the fee. The amount received is paid into a special fund. Legal contributions from special funds are initially deducted from the fees charged. Seventy per cent of the remaining funds are credited to the school; 30 percent in the district. All funds raised for child care and incidentals will be used to reimburse the school. Hawaii`s public school facilities will be made available to the public as long as the requested activities do not interfere with the normal operation of the school. .