Playing Smart changelabsolutions.org | kaboom.org 185 78 Gamkhar S and Koerner M. “Capital Financing of Schools: A Comparison of Lease Purchase Revenue Bonds and General Obligation Bonds.” Public Budgeting & Finance, 22(2), 21–39, 2002. 79 Mohundro WR. “Lease Purchase Financing: The Processes and Impact on New School Construction in Texas,” p. 27 (Dec. 2005) (unpublished PhD dissertation, University of North Texas). Available at: http://digital.library.unt.edu/ark:/67531/ metadc4950/m1/1/high_res_d/dissertation.pdf. 80 It is important to note that some states may have laws limiting or restricting the ability of local governments and/or school districts to sell property. Chapter 5 81 For readers who work for cities or counties, we recommend talking to a lawyer in the city or county counsel’s office. Similarly, readers who work for schools and school districts will want to talk to the school’s counsel. For advocates, the Public Health Law Network, funded by the Robert Wood Johnson Foundation, currently provides legal technical assistance: www.publichealthlawnetwork.org. Please also see NPLAN’s resources on joint use agreements: www.nplan.org/nplan/ joint-use. The fact sheet “What Does the City Attorney Have to Do with Obesity Prevention?” provides a sense of the scope of city attorneys’ work: www.phlpnet.org/sites/phlpnet.org/ files/City_Attorney_Obesity_Prevention_Fact_Sheet_FINAL_ web_20101123.pdf. 82 For more information on the laws of a particular state with regard to these legal protections, see Baker T. Liability Risks for After-Hours Use of Public School Property to Reduce Obesity: A Fifty-State Survey, 2008. Available at: www.nplan.org/nplan/ products/liabilitysurvey (“50-state survey”). For information specific to your own situation, contact an attorney in your area. 83 There are actually two types of immunity that protect governments and public agencies: sovereign immunity and governmental immunity. For purposes of this toolkit, we will use the term “governmental” immunity to stand in for both. Generally speaking, sovereign immunity is a very broad immunity afforded to state governments and their agencies, while local governments typically enjoy a more limited governmental immunity. States differ as to whether school districts are classified as part of a state agency or not. Therefore, in some states school districts may be protected by sovereign immunity, while in others by governmental immunity. For more information on this distinction, see NPLAN’s 50-state liability survey, supra note 82, available at: www.nplan.org/nplan/products/ liabilitysurvey (click on “overview memo”). 84 In some states, governmental immunity is established through court decisions (so-called common law); in other states, the legislature has passed a law (statutory law) creating the immunity. At its common law roots, sovereign immunity meant that the king could not be sued without his consent. See, e.g., Jaffe L. “Suits against Governments and Officers: Sovereign Immunity.” Harvard Law Review, 77(1): 1-39 at p.1, 1963. 85 63 C.J.S. Municipal Corporations § 663 (citing Wilson v. Stark Cty. Dept. of Human Serv., 639 N.E.2d 105 (Ohio 1994)). 86 For more information on the law of a particular state, see NPLAN’s 50-state liability survey, supra note 82, available at: www.nplan.org/nplan/products/liabilitysurvey. For information specific to your situation, consult a local attorney. 87 Ariz. Rev. Stat. Ann. § 12-820.01. 88 La. Const. art. XII, § 10(A), (interpreted in Kimball v. Allstate Ins. Co., 712 So. 2d 46, 57 (La. 1998)); La. Rev. Stat. Ann. § 13:5101 et seq. 89 Ga. Code Ann. § 50-21-20 et seq., esp. 50-21-22(5); Bitterman v. Atkins, 458 S.E.2d 688, 689 (Ga. 1995); see also Ga. Code Ann. § 20-9-992 (immunity of school boards and political subdivisions). 90 Heyer v. N. E. Indep. Sch. Dist., 730 S.W.2d 130, 133 (Tex. App. 1987). 91 Cal. Gov’t Code § 810 et. seq. 92 For more information on the law of a particular state, see NPLAN’s 50-state liability survey, supra note 82, available at: www.nplan.org/nplan/products/liabilitysurvey. 93 Haw. Rev. Stat. § 520 et seq.; Covington v. United States, 902 F. Supp. 1207, 1211 (D. Haw. 1995); see also Lansdell v. County of Kauai, 130 P.3d 1054, 1061 (Haw. 2006). 94 Ark. Code Ann. § 18-11-305. 95 Tex. Civ. Prac. & Rem. Code Ann. § 75.002. 96 Wis. Stat. Ann. § 895.52. 97 N.D. Cent. Code § 32-12.1-03. 98 Neb. Rev. Stat. § 13-926. 99 Okla. Stat. Ann. tit. 51, § 154. 100 See, e.g., Eisenberg T, Heise M, Waters N et al. «The Decision to Award Punitive Damages: An Empirical Study» Cornell Law Faculty Publications, Paper 185, 2010. Available at: http://scholarship. law.cornell.edu/facpub/185; Eisenberg T, Goerdt J, Ostrom B et al. “The Predictability of Punitive Damages,” J. Legal Stud., 26: 623, 1997. Available at: http://library2.lawschool.cornell. edu/hein/Eisenberg%20Theodore%2026%20J.%20Legal%20 Stud.%20623%20%281997%29.pdf. 101 For more information on how to structure the insurance provisions of a joint use agreement, see NPLAN’s model joint use agreements, available at: www.phlpnet.org/childhoodobesity/products/nplan-joint-use-agreements. See, e.g., Joint Use Agreement 3: Opening School Facilities for Use During Non-School Hours and Authorizing Third Parties to Operate Programs at pp. 13-14: www.phlpnet.org/sites/phlpnet.org/ files/JU3_3rdPartyProgramsAgrmt_FINAL_090318_0.pdf. 102 Indemnity clauses will often not apply in the event of negligence or willful misconduct on the part of the party being indemnified. For more information on how indemnification agreements can be structured, see NPLAN’s model joint use agreements, available at: www.phlpnet.org/childhood-obesity/products/ nplan-joint-use-agreements. See, e.g., Joint Use Agreement 3: Opening School Facilities for Use During Non-School Hours and Authorizing Third Parties to Operate Programs at pp. 12-13: www.phlpnet.org/sites/phlpnet.org/files/ JU3_3rdPartyProgramsAgrmt_FINAL_090318_0.pdf. 103 See, e.g., jointuse.org’s research and fact sheets making these links, available at: www.jointuse.org/resources/relatedresearch; www.jointuse.org/resources/make-joint-use-happen/ fact-sheet-joint-use-and-health. 104 KaBOOM! Tucson, Arizona: Sharing Play Space and Responsibility – joint use agreements increase open space and improve safety. Available at: http://kaboom.org/docs/ documents/pdf/playmatters/Play_Matters_Tucson.pdf. 105 See the official website of the City of St. Petersburg for more information: www.stpete.org/mentors/andmore. asp#Anchor-49575. Chapter 6 106 This chapter draws on Obstacles Regarding Joint Use of School Facilities, a paper based on research conducted by the California Park & Recreation Society and the California State Parks to identify the obstacles and best practices of joint use of school facilities. California Parks & Recreation Society (CPRS). Obstacles Regarding Joint Use of School Facilities. Sacramento, CA: CPRS, 2008. Available at: www.cprs.org/traininginformation.htm. 107 Another useful resource that focuses on joint use partnerships is: Cooper T and Vincent JM. Joint Use School Partnerships in California: Strategies to Enhance Schools and Communities.
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