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Playing Smart Maximizing the Potential of School and Community Property Through Joint Use Agreements Kaboom! Is the National Nonprofit Dedicated to Saving Play

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Playing Smart Maximizing the Potential of School and Community Property Through Joint Use Agreements Kaboom! Is the National Nonprofit Dedicated to Saving Play Playing Smart Maximizing the Potential of School and Community Property Through Joint Use Agreements KaBOOM! is the national nonprofit dedicated to saving play. Children today spend less time playing outdoors than any previous generation, a fact that is having disastrous consequences on their health, achievement levels, and overall well-being. To fight this play deficit, social entrepreneur Darell Hammond founded nonprofit KaBOOM! in 1996 in Washington, D.C., with a vision of creating a great place to play within walking distance of every child in America. Since then, KaBOOM! has mapped over 89,000 places to play, built more than 2,080 playgrounds, and successfully advocated for play policies in hundreds of cities across the country. KaBOOM! also provides communities with online tools to self-organize and take action to support play on both a local and national level. www.kaboom.org ChangeLab Solutions is a national nonprofit dedicated to building healthy communities. We work with community-based organizations, local public health and planning departments, schools, elected representatives, and government agencies to create groundbreaking policy solutions to critical public health challenges. Our team of attorneys, policy analysts, urban planners and public health professionals provides high-quality policy research and analysis, technical assistance, and community-tailored training to help advocates translate aspirations for a healthy community into concrete policies and strategies that deliver real and lasting change. Our multidisciplinary team stands at the ready to put its tools and expertise – in food and beverages, physical activity, land use, transportation, and the environment – to work for you. www.changelabsolutions.org Thanks to Our Funders Support for the document was provided by a grant from the Robert Wood Johnson Foundation and The Kresge Foundation. Some material in this toolkit was adapted from research funded by The California Endowment. Playing Smart Maximizing the Potential of School and Community Property Through Joint Use Agreements Edited by Manel Kappagoda, JD, MPH, and Robert S. Ogilvie, PhD (ChangeLab Solutions) Acknowledgments Thanks to the individuals who carefully reviewed and provided valuable feedback on various sections of this toolkit: Amy Ackerman, Marice Ashe, Chelsea Cipriano, Amy Dickinson, Susan Elizabeth, Karla Hampton, Gillian Hersh, Tia Hodges, Jim Hunn, Karen Kramer, MJ Kurs-Lasky, Ana Lasso, Danielle Marshall, Martin Martinez, Brian Pettit, Mike Raible, Carrie Spector, Jeff Vincent, Jonathan Wells, Wallace Whittier, and Ben Winig. Additional thanks to the following people who shared their experiences to help create the case studies featured in this toolkit: • David Moran, Assistant City Manager, City of Greenbelt, Maryland • Myrna Johnson, Executive Director, Boston Schoolyard Initiative • Martha Pierce, Education Advisor to the Mayor, City of Boston • Matt Wilder, Head of Media, City of Boston • Modie Cox, Executive Director, Winning Because I Tried (Niagara Falls, New York) • Sherry L. Shepherd-Corulli, City Government of Niagara Falls, New York • Thomas DeSantis, Senior Planner, City of Niagara Falls, New York • Charles Walker, City Councilman, City of Niagara Falls, New York • Patricia Travis, Youth Bureau, City of Niagara Falls, New York • Mike Rankin, City Attorney, City of Tucson, Arizona ChangeLab Solutions formerly • Gary Scott, Manager, Tucson Parks and Recreation Department existed under the name Public • Michael Raible, Executive Director, Planning and Development, Charlotte-Mecklenburg Health Law & Policy (PHLP). Any references to PHLP in Schools, North Carolina this publication should now be understood to refer to • Jonathan Wells, Program Manager, Capital Facilities, Charlotte-Mecklenburg Planning ChangeLab Solutions. Department, City of Charlotte, North Carolina ChangeLab Solutions is a • Jim Ventress, Executive Director, Santa Clarita Valley Boys & Girls Club nonprofit organization that provides legal information on matters relating to public Thanks to those who provided documents and other materials (including sample health. The legal information provided in this document agreements) that were cited, excerpted, or reprinted in this toolkit: does not constitute legal • Leta Mach, Council Member, City of Greenbelt, Maryland advice or legal representation. For legal advice, readers • David E. Moran, Assistant City Manager, City of Greenbelt, Maryland should consult a lawyer in • Michael Raible, Executive Director, Planning and Development, Charlotte-Mecklenburg their state. Schools, North Carolina © 2012 ChangeLab Solutions • Jonathan Wells, Program Manager, Capital Facilities, Charlotte-Mecklenburg Planning Department, City of Charlotte, North Carolina Graphic design by Karen Parry | Black Graphics Chapter Authors Photos by: Lydia Daniller (cover, pages • Chapter 1: Jeffrey M. Vincent, PhD (Center for Cities & Schools, University of California, 3, 4, 6, 8, 9, 14, 19, 20, 23, 28, Berkeley) and Manel Kappagoda, JD, MPH (ChangeLab Solutions) 33, 35, 39, 40, 42, 46, 50, 52, 54, 55, 57, 58, 65, 66, 67, 70, • Chapter 2: Amy Ackerman, JD, and Brian Pettit, JD (ChangeLab Solutions) 72, 73, 101) KaBOOM! (pages 7, 12, 13, 36, • Chapter 3: Christie Findlay (Navigation Media), Danielle Marshall, MA (KaBOOM!), and 63, 76, 80, 91, 112, 123, 124, Carrie Spector (ChangeLab Solutions) 128, 129, 130, 145, 153, 168) Robert S. Ogilvie (pages 5, 82) • Chapter 4: Robin Salsburg, JD (ChangeLab Solutions) Peter R. Russo (page 31) • Chapter 5: Amy Barsky, JD (ChangeLab Solutions) • Chapter 6: Manel Kappagoda, JD, MPH (ChangeLab Solutions) Contents Introduction 3 About This Toolkit 5 Chapter 1: The Relationship Between Joint Use Agreements and Physical Activity 6 Addressing Inequity in Opportunities for Physical Activity 7 The Promise of Joint Use Agreements 8 What Is a Joint Use Agreement? 8 National Support for Joint Use Agreements 9 What Are the Barriers to Creating Joint Use Agreements? 10 Chapter 2: Getting Started 12 Building Support at the State and Local Level 13 Checklist: Practical Issues to Consider When Developing a Joint Use Agreement 14 Chapter 3: Case Studies 19 Chapter 4: Financing Joint Use 39 Financing Options 40 Resource List 53 Chapter 5: Liability 54 Basic Liability Principles 55 Legal Protections 59 Other Protections 61 Overcoming the Liability Hurdle 64 A Final Note 66 Chapter 6: Strategies for Relationship-Building, Scheduling, and Maintenance 67 Building Relationships: Establishing a Work Group 68 Scheduling Access to the Facility 73 Staffing Issues 75 Maintenance and Upkeep 77 Working Through Conflicts 79 A Living Tool for Communication 79 Appendix 1: Model Joint Use Agreements 80 Appendix 2: Model Joint Use Resolution 123 Appendix 3: Sample Agreements 128 Endnotes 182 Playing Smart changelabsolutions.org | kaboom.org 2 Introduction n many communities, it’s hard to find safe places for children and their families Ito exercise and play. Public schools might have a variety of recre ational facilities – gymnasiums, playgrounds, fields, courts, tracks – but they often close their property to the community after school hours. School administrators point to various use playground opened at an elementary reasons for locking up their facilities after school; the city agreed to maintain the hours, including concerns about costs, 1.6-acre playground on school property vandalism, security, maintenance, contract in exchange for public use outside school issues, and liability in the event of injury. hours between sunrise and sunset.1 Most states have laws that encourage or In Seattle, the city and school district have even require schools to open their facilities implemented a more complex joint use to the community for recreation or other agreement to centralize the scheduling civic uses. Still, even when school officials of all school and city recreation facilities, are informed of these requirements – and making them more accessible and easier to even if they’re sympathetic to the reserve. In other communities around the community’s desire to use the grounds – country, schools and cities have partnered they may be reluctant to comply, given the to build new recreational facilities for concerns cited above. schools and neighborhoods.2 The good news is that local governments Joint use agreements allow school districts can partner with school districts and other to share with local government the costs agencies through joint use agreements and responsibilities incurred by opening to address these concerns. A joint use their facilities. Subject to overriding state agreement is a formal agreement between and local laws, the agreements can allocate two separate gov ernment entities, often a to local government some or all of the school district and a city or county, setting responsibility for costs, security, supervi- forth the terms and conditions for the sion, maintenance, repairs, and potential shared use of public property. liability. Beyond simply working with schools, cities also have begun to explore In St. Petersburg, Florida, the city’s “Play agreements with nonprofits, hospitals, and ‘n’ Close to Home” initiative is using joint local universities in an effort to increase the use agreements to help meet its goal of available resources. Although this toolkit bringing a public playground within half focuses primarily on partnerships with a mile of every resident. The first joint schools, many of the issues and strategies Playing Smart changelabsolutions.org | kaboom.org
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