Playing Smart changelabsolutions.org | kaboom.org 65 If schools have an opportunity to engage in joint use with cities or other organizational partners, they can negotiate for whatever contributions they want in exchange for access to their facilities. A school may want reciprocal access to city facilities; it may want help financing the renovation or maintenance of its own facilities. Joint use can make these benefits possible. Whatever particular arrangement they’re pursuing, advocates can build their case by presenting data on the benefits of joint use,103 understanding the school’s (or others’) opposition (if there is any), and recommending solutions to mitigate the school’s concerns. Here are some suggested steps and talking points: Gather information on the benefits joint use can bring to the community. Assess community and school/district needs. (See checklist on page 15.) Understand the school’s position. If there is a pushback from the school, try to identify the reason. If the school is comfortable allowing third parties, such as nonprofits, to run recreational programs on school grounds but is uncomfortable unlocking the gates to the general public, what is the concern with direct public access? If it’s property damage or vandalism, see proposed solutions below. If the concern is liability, find out the underlying reasons. Has the school been sued in the past? If so, what changes did the school make? If not, what is the basis for concern? If the school is not forthcoming with this information, try to find a champion in the school community – a school principal, a school board member, even a member of the PTA – and have that person get this information on your behalf. Be willing to use NPLAN’s (or other available) resources to navigate liability concerns: www.nplan.org/childhood-obesity/products/nplanjoint-use-agreements. Recommend solutions to mitigate concerns. Does the school’s insurance cover recreational activity outside of school hours? If not, how much would it cost to expand coverage to do so? What if another party is willing to pay that cost? What if another party is willing to take on responsibility for liability? What if another party is willing to indemnify the school in the event of a lawsuit? Has anyone spoken with the school’s attorney to see whether the state has legal protections that limit the school’s liability exposure? 1 2 3
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