2012 -- S 2545

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LC01982

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - SHARED USE AGREEMENTS

     Introduced By: Senators Metts, Perry, DiPalma, Pichardo, and P Fogarty

     Date Introduced: February 28, 2012

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

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by adding thereto the following chapter:

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     CHAPTER 96

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SHARED USE AGREEMENTS

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     16-96-1. Shared use agreements. – (a) A school district may allow public use of indoor

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and outdoor school property during non-school hours for recreational purposes or sport. The

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school district shall ensure that the use of school facilities does not interfere with their use for

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school purposes.

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     (b) A municipality, school district, school personnel or school committee shall not be

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liable for any claim from a loss or injury arising from the use of indoor or outdoor school

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property and facilities made available for public recreation or sport during non-school hours.

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     (c) Nothing in this section limits the liability of a municipality, school district, school

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personnel or school committee for acts or omissions constituting gross negligence or willful or

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wanton conduct.

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     (d) Schools districts are encouraged to negotiate mutually acceptable, fiscally

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responsible, legally binding shared use agreements with governmental and community agencies

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and organizations to keep school property open for use by students, staff, and community

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members during non-school hours. Shared-use agreements should describe specific activities,

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times, and eligible participants and address supervision of minors; injury liability protections,

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funding sources, cost-sharing of utilities; and respective responsibilities for maintenance, cleanup,

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and security.

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     (e) School districts may work with recreation agencies and other community

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organizations to coordinate and enhance opportunities available to students, staff and the public

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for physical activity during non-school hours.

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     (f) As used in this section, the following terms shall have the following meanings:

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     (1) “Recreation” means any indoor or outdoor game or physical activity, either organized

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or unorganized, undertaken for exercise, relaxation, diversion, sport, or pleasure.

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     (2) “School” means public elementary and secondary school as outlined in Title 16.

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     (3) “School property” means all indoor or outdoor structures, facilities and land, whether

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owned, rented or leased by the school or school district.

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     (4) “Sport” means an activity requiring physical exertion and skill, and which by its

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nature and organization is competitive, includes a set of rules and generally accepted as being a

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sport.

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     (5) “Shared use agreement” means a legal agreement that defines the rights and

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responsibilities of the school district and another organization or government agency for use of

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the school facilities for recreation, sport or other purpose of importance to the community.

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     (6) “Public” means members of the community, including students during non-school

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hours and school staff when not working as employees of the school.

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     (7) “Non-school hours” means during the week prior to and after regular classroom

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instruction, and during weekends, holidays and vacation breaks.

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     SECTION 2. This act shall take effect upon passage.

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LC01982

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - SHARED USE AGREEMENTS

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     This act would permit school districts to make school property available to community

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members outside of the school day for recreational activities and sport to support active living,

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reduce obesity, reduce health care costs associated with obesity and maximize community

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resources.

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     This act would take effect upon passage.

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LC01982

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