Law limits schools' liability when groups use grounds, facilities

Written by Tony Gonzalez

Tennessee schools have one less obstacle to opening buildings and sports fields to their communities, thanks to a law change being applauded by child fitness advocates.

State code signed into law in June and being explained to schools this fall frees schools from liability when they sign agreements to allow athletic leagues, churches and community groups to use school grounds.

"Our taxpayers pay for this equipment, whether it's tracks or gyms. Meanwhile, communities are looking for low-cost solutions. It's really a win-win," said Chastity Mitchell, a senior director with the American Heart Association, which pushed for the change.

Counties surveyed by the association said "loud and clear" that they were afraid of being sued for accidents, Mitchell said.

Now, liability should be less of a concern (in cases of gross negligence, a school could still be liable).

And because the association found that existing joint-use agreements vary in their formality, the law includes a phrase encouraging agreements to be written out and to address security, supervision, hours and maintenance policies.

The association also found that wear and tear on school buildings, scheduling difficulties and the preferences of individual school principals may still be hurdles.

Rutherford County has overcome those challenges to ink many joint-use agreements, including 23 this year, granting access to dance, sports and scouting groups. Rebecca Johns-Wommack, executive director of the state's Coordinated School Health Office, touted the county as a model.

"It takes everyone working together to make children healthier," she said.

It's easy: 'They just fill out the form'

Out in the field, Jenna Stitzel, Coordinated School Health supervisor for Rutherford County, said joint-use agreements are easy because a process is in place.

"They just fill out the form," she said.

School principals and the school board also must approve the agreement.

School health coordinators including Stitzel are informing schools across the state of the new law and looking for ways to connect schools with neighborhoods, Johns-Wommack said.

Similar legislation is in the works in 17 states, including Georgia, Alabama and Mississippi.

Mitchell hopes a gradual "culture change" will lead schools to unlock facilities for families to use anytime.

"The law gives us … the permission to start that cultural shift, but it's going to be up to us to continue educating folks," said Ted Cornelius, executive director of the YMCA's Pioneering Healthier Communities initiative.

The YMCA of Middle Tennessee has been a major user of schools, with after-school programs in 150 schools in eight counties.

Parks departments know benefits

Numerous Middle Tennessee communities know the benefits of schools and recreation departments working together.

Tennessee's Parks and Recreation Technical Assistance Service identified joint use as one of the most economical ways a community can expand recreation options. More than 50 communities have agreements in place.

Sharing facilities is essential in places such as Hendersonville and Williamson County, officials said.

In Hendersonville, the parks and recreation department does not own a gym, but that hasn't slowed Director Dave LeMarbre from getting basketball programs running inside schools.

He said the agreement was initiated in the late 1980s, when an imbalance developed between the schools' use of baseball fields and tennis courts and the recreation department's request to use basketball gyms.

Now they work together, without fees.

"It's win-win," LeMarbre said.

Williamson County's parks and recreation leaders said they've learned how to maintain a healthy agreement. For example, they do maintenance walk-throughs with principals when their school-based summer programs end.

While the parks department uses a handful of elementary schools for summer programs, high school students swim at the parks department pools.

"The other night, the band was practicing, the girls were playing soccer and the boys were practicing football, all on our property," said Bob Feinstein, deputy director of the Williamson County Parks and Recreation Department.

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