Many communities lack safe, adequate places for children and their families to exercise and play. Schools might have a variety of recreational facilities—gymnasiums, playgrounds, fields, courts, tracks—but many districts close their property to the public after school hours because of concerns about costs, vandalism, security, maintenance, and liability in the event of injury.

Most states currently have laws that encourage or even require schools to open their facilities to the community for recreation or other civic uses. Nonetheless, school officials may be reluctant to do so, cautious about the expense in times of increasingly tight budgets.

The good news is that city, county, and town governments can partner with school districts through what are known as joint use agreements to address these concerns. A joint use agreement is a formal agreement between two separate government entities—often a school district and a city or county—setting forth the terms and conditions for the shared use of public property.

NPLAN has prepared legal tools to assist communities in forming joint use agreements.

Fact Sheet on Joint Use Agreements
A fact sheet for parents, students, and community members that explains the purpose of joint use agreements.

50-State Chart of Laws Allowing Community Use of Schools
A chart listing, by state, the laws applicable to community use of schools.

Checklist for Developing a Joint Use Agreement (JUA)
An issue-spotting checklist for school and city personnel to use to direct the development of a joint use agreement.

Added May 29!
Liability Risks for After-Hours Use of Public School Property: A 50-State Survey
A 50-state survey of the laws governing liability for after-hours recreational use of school facilities.

Model Joint Use Agreements
Each of these agreements are between the school district and the local city, town, or county government (referred to in the agreements, generically, as “City”). They cover different potential joint use scenarios.

• Joint Use Agreement One: Opening Outdoor School Facilities
  Allows the local government to open designated outdoor recreation facilities, such as playgrounds, blacktop areas, and playing fields during weekend and holiday hours when the district is not using the facilities.
• Joint Use Agreement Two: Opening Indoor and Outdoor School Facilities for Use During Non-school Hours
  Allows the local government to open designated school district indoor and outdoor recreation facilities, such as gymnasiums, playgrounds, blacktop areas, and playing fields during weekend and holiday hours when the district is not using the facilities.
• Joint Use Agreement Three: Opening School Facilities for Use During Non-school Hours and Authorizing Third Parties to Operate Programs
  Allows the local government to open designated indoor and outdoor recreation facilities during weekend and holiday hours when the district is not using the facilities. It also allows for third parties, such as youth organizations or youth sports leagues, to operate recreation programs using school facilities.
• Joint Use Agreement Four: Joint Use of District and City Recreation Facilities
  Appropriate when the city and school district agree to open all or designated recreational facilities to each other for community use. This agreement includes provisions for use of school district indoor and outdoor facilities during weekend and holiday hours, third-party use of school district facilities by groups such as youth organizations or youth sports leagues, and school district use of city facilities.