K-12 School Facilities Policies:Understanding Approaches, Trends,

and Joint Use of Schools

Marni Allen, 21st Century School FundJeff Vincent, Center for Cities & Schools

CEFPI Annual ConferenceSeptember 27, 2009

Overview

• State level policy trends• Emerging federal role• Changes in facility funding• Green design and operational policies• Joint use of schools• Policy “gaps” on school facilities

Questions

• How are these trends playing out in your state?

• How are these trends changing practice of planning, design, and utilization of schools?

• Where are examples of good policy?

Recent Trends in State-Level Policy

• Still few states with comprehensive facilities policies• Shift from local control to greater state control• Change in state facilities funding laws• Proliferation of state regulations on “green” school

buildings• Many joint use policies, but few state requirements

Overview of Policy AreasSchool &

Community Planning

School & Community Partnerships

Facilities Management & Operations

Facilities Funding

Governance & Oversight

Capital Planning &

Management

Facilities & Educational Outcomes

SOME states have policies

MOST states have policies

SOME states have policies

MANY states have policies

MANY states have policies

SOME states have policies

FEW states have policies

Example:FL Public Schools Interlocal Agreements

Example: UT Use of Public Schools as Civic Centers

Example:ME School Facilities Inventory Policy

Example: NE School Facilities Trust Fund

Example: KY School Facilities Construction Commission

Example: SC Energy Conservation Plans

Example: WY Standards for School Buildings

State Policy Comparison

School Facilities Guidance: From Local to State

Strong LOCAL control – few state policies or support

Strong STATE control – significant regulation and support

Oregon

Louisiana

New Jersey

Ohio

Kentucky

Tension between Equity and Innovation

• State funding streams intended to ensure greater equity, but also brought regulations & controls

• How to balance need to address equity concerns with need to retain flexibility for locally-appropriate projects?

Possible Federal School Facilities Policy

• House (HR3221: Student Aid & Fiscal Responsibility Act) and Senate (Higher Ed bill & FY2010 Appropriations bill) proposals under consideration

• Targeted funds for school facilities improvements• Unresolved questions:

– Allocations to states or direct to districts?– Intensity of green building requirements– Total funding levels

Changes to State Facility Funding Policy

• Equity in response to court challenges– Early states: Kentucky, New Jersey– Recent challenges: Arizona, California, New York

• Establishment of state-level school facilities funds– District of Columbia (policy enacted 2006); Idaho

(policy updated 2006); Arizona (policy updated 2008)

Increase in Green Design & Operation Policies

• Schools included in statewide public building laws for greater energy-efficiency– Maryland High Performance Buildings (enacted 2008)– New Mexico Building Assessments for Energy

Efficiency (policy updated 2007)– South Carolina Energy Conservation Plans (enacted

2008)

Surge of Interest inJoint Use of Public School Facilities

• Why the interest?• What is joint use?• State roles in joint use• Joint use challenges and solutions

Surge of Interest inJoint Use of Public School Facilities

• Educational• Child and Community Health• Supporting the Whole Child/ School-based

Social Services• “Complete Communities”/Livability• Conserving Natural Resources• Fiscal Responsibility

What is Joint Use of Public School Facilities?

• Joint use: sharing access and use of a school district’s outdoor or indoor space with another party. – Shared use– Dedicated use

• Joint development: capital improvement project usually planned/designed to support joint use.

Joint Use “Spectrum”

“Simple” “Complex”

No capital

Unlocking the gates

Capital

Joint development

Joint Use “Spectrum”

“Simple” “Complex”

No capital

Unlocking the gates

Capital

Joint development

Users/Partners

•School

•Nonprofit/CBO

•City/county

•Other school district

•Higher education

•Other

Joint Use “Spectrum”

“Simple” “Complex”

No capital

Unlocking the gates

Capital

Joint development

Elements

•Uses

•Spaces

•Intensity of use/hours

•Responsibilities

Joint Use “Spectrum”

“Simple” “Complex”

No capital

Unlocking the gates

Capital

Joint development

Legal Tools

•Memorandum of Understanding

•Joint Use Agreement

•Joint Powers Agreement

•Joint Powers Authority

Common Joint Use ExamplesPrograms

– Organized after-school or weekend activities

– “Open” public access

– Childcare– Adult/youth

education

Facilities– Libraries– Gymnasia– Playgrounds/fields– Classrooms– Childcare facilities– Pools– Parking– Theatre

District-level Joint Use Strategies

• District leadership/vision

• Site level commitment

• Joint use capital planning processes

• Space management infrastructure

• Link educational programming and capital planning

State Roles in Supporting Joint Use

• Eight states require schools be available for community use. (“shall”)– Most leave specifics up to districts

• 37 states plus DC permit community use. (“may”)

• Five states do not address the issue in legislation

California Civic Center Act (1917)• Establishes public schools as “civic centers”

• Requires school districts to develop rules/regulations to encourage use

• Establishes two user groups

• Establishes tiered fee system framework: “Direct Costs” vs “Fair Rental Value”

• Distinguishes liability and requires parties to bear the cost of insuring against risks

Joint Use Challenges and Solutions• Conceptual: no framework for schools as public spaces

– How do we think differently to enhance access?

• Policy and Legal: grey areas– What is appropriate state role?– Good examples of state incentivizing?

• Operational: design, governance, financial, management– Role of design?– Key elements of a space mgmt infrastructure?

Policy “Gaps” on School Facilities• In most states, facility policy not aligned with

educational policy– E.g., science standards, facility conditions prioritization

• In some states, insufficient policy guidance to reach good practice– E.g., Joint development

• In other states, policies undermine good practice– E.g., overly prescriptive state standards can stifle local

creativity & development of locally-appropriate plans

Resources for More Information

• BEST website: www.bestfacilities.org– Model policies– State-level detail

• Center for Cities & Schools: citiesandschools.berkeley.edu– Case studies– CEFPI report

State Policy Comparison