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BP 1330.1

Joint Use Agreements

Section:
1000 - Community Relations
Status:
Active
Adopted:
2021-09-09

BP 1330.1 — Joint Use Agreements

Section: 1000 - Community Relations
Status: Active

Adopted: 2021-09-09

Policy text

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. They 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:

  1. The underlying philosophy or reasons for entering into the joint use agreement
  2. The specific district or community facilities or grounds that will be made available to the other party and areas that will be restricted
  3. Priorities for use of the property
  4. Hours that the property will be available for use by the district, the partner, or other parties
  5. Projected capital costs, if any, and operating costs
  6. Resources to be allocated by the district and the partner
  7. Rental or other fees, if any, to be charged to either party or third parties using the facilities
  8. Responsibilities for management, scheduling, maintenance, on-site supervision, accounting, and other operations
  9. Procedures and timelines for requesting use of the facilities
  10. Code of conduct for users of the facilities and consequences for violations of the code
  11. Provision for regular inspection and notification of damage, as well as restitution and repair of property
  12. Safety and security measures
  13. Liability, insurance, and risk management issues
  14. Duration of the agreement, process for amending the agreement, and the bases for canceling or terminating the agreement before the expiration date
  15. Process for resolving disputes regarding any aspect of the agreement
  16. How any equipment purchased or other investments made through the agreement will be disposed of at the termination of the agreement

The agreement, or any amendments, may be reviewed by legal counsel as appropriate and approved by the Board.

The Superintendent or designee shall provide regular reports to the 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.

BUSINESS AND PROFESSIONS CODE

25608 Alcohol on school property; use in connection with instruction

EDUCATION CODE

10900-10914.5 Community recreation programs

17051-17052 Joint use

17077.40-17077.45 Eligibility for joint use funding

35200 - Governing Board - Liabilities

35214 Governing Board - Liabilities

37220 Saturdays and School holidays

38130-38138 Civic Center Act - Use of School Property

44808 Duty to supervise conduct of students

8482-8484.6 After School Education and Safety Program

8484.7-8484.9 21st Century Community Learning Center program

GOVERNMENT CODE

814-825.6 Liability of public entities and employees

830-840.6 Liability; dangerous conditions on property

895.895.8 Liability; agreement between public entities

989-991.2 Local public entity insurance

FEDERAL

20 USC 7171-7176

20 USC 7905 Equal access to public school facilities