K-12 School Facilities Policies: Understanding Approaches, Trends, and Joint Use of Schools

1. K-12 School Facilities Policies:Understanding Approaches, Trends, and Joint Use of Schools Marni Allen, 21st Century School Fund Jeff Vincent, Center for Cities & Schools CEFPI Annual Conference September 27, 2009

2. 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

3. 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?

4. 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

5. Overview of Policy Areas

6. State Policy Comparison

7. 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

8. 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?

9. 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

10. 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)

11. 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)

12. 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

13. 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

14. 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.

15. Joint Use “Spectrum” “Complex” “Simple” No capital Unlocking the gates Capital Joint development

16. Joint Use “Spectrum” “Complex” “Simple” • Users/Partners • School • Nonprofit/CBO • City/county • Other school district • Higher education • Other No capital Unlocking the gates Capital Joint development

17. Joint Use “Spectrum” “Complex” “Simple” • Elements • Uses • Spaces • Intensity of use/hours • Responsibilities No capital Unlocking the gates Capital Joint development

18. Joint Use “Spectrum” “Complex” “Simple” • Legal Tools • Memorandum of Understanding • Joint Use Agreement • Joint Powers Agreement • Joint Powers Authority No capital Unlocking the gates Capital Joint development

19. Common Joint Use Examples • Facilities • Libraries • Gymnasia • Playgrounds/fields • Classrooms • Childcare facilities • Pools • Parking • Theatre Programs • Organized after-school or weekend activities • “Open” public access • Childcare • Adult/youth education

20. 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

21. 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

22. 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

23. 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?

24. 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

25. 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

26. State Policy Comparison