Playing Smart changelabsolutions.org | kaboom.org 66 If the concern is vandalism or destruction of school property, is the school open to a pilot program? A pilot program designed to allay concerns about vandalism might work like this: ¨¨ Consult a property checklist when the gates are opened and when they’re locked. ¨¨ Inventory the property to make sure no damage has occurred. ¨¨ Document the inspection and sign the documentation. In this way, record and track any incidents for a period of time to see if vandalism in fact increases when the community has greater access to the grounds. Many advocates have noted the reverse – that when a facility becomes a community resource, the incidence of vandalism actually goes down. This is because more people are present on the property, and community members start to take responsibility for what becomes a communal resource.104 A Final Note It’s important to remember that concerns about the legal risks of opening up school property after hours are often exaggerated. Joint use agreements can help schools and other partners manage actual costs and risks – and state laws, risk management practices, and contractual protections incorporated into joint use agreements all lower the likelihood of a lawsuit and cushion its impact in the event one is filed. For more information about opening school grounds for community use, see NPLAN’s joint use agreement resources at www.nplan.org/childhoodobesity/products/nplan-joint-use-agreements. Lawyers and others interested in a more in-depth technical analysis of liability laws across the United States can consult the 50-state survey available at www.nplan.org/ nplan/products/liabilitysurvey. The information provided here is intended to give readers a sense of relevant concepts; it is not offered as legal advice or guidance. For more information on local laws or for legal advice, consult a lawyer in your home state.105
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