State law authorizes the community use of school buildings and property for recreation or other purposes.
Official Code of Georgia Annotated 20-2- 86. Operation of school councils; training programs; membership; management; roles and responsibilities
(s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education and local school superintendent on any matter related to student achievement and school improvement, including, but not limited to, the following:
- (1) School board policies;
- (2) School improvement plans;
- (3) Curriculum and assessments;
- (4) Report cards issued or audits of the school conducted by the Office of Student Achievement;
- (5) Development of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;
- (6) School budget priorities, including school capital improvement plans;
- (7) School-community communication strategies;
- (8) Methods of involving parents and the community;
- (9) Extracurricular activities in the school;
- (10) School-based and community services;
- (11) Community use of school facilities;
- (12) Student discipline and attendance;
- (13) Reports from the school principal regarding progress toward the school's student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and
- (14) The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students.
(t) The role of the school council in the principal selection process shall be determined in policy written by the local board of education.
Official Code of Georgia Annotated 51-1-53. Recreational joint-use agreements
(a) As used in this Code section, the term:
- (1) "Facilities" means a school's buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition.
- (2) "Recreational joint-use agreement" means a written agreement between the governing authority of a school and a private entity authorizing such entity to access the facilities of a school under the governing authority's jurisdiction for the purposes of conducting or engaging in recreational, physical, or performing arts activity.
- (3) "School" means any public pre-kindergarten, elementary school, or secondary school.
(b) A recreational joint-use agreement shall:
- (1) Set forth the terms and conditions of the use of a facility;
- (2) Include a hold harmless provision in favor of the governing authority;
- (3) Be revocable at any time by the governing authority of the school;
- (4) Require the private entity to maintain and provide proof of a minimum of $1 million in liability insurance coverage applicable to the use of the facilities and effective for the duration of such agreement; and
- (5) Provide a citation that such agreement shall be governed by this Code section.
(c) The governing authority of a school that enters into a recreational joint-use agreement which complies with subsection (b) of this Code section shall not be deemed to have waived its sovereign immunity as to damages to persons or property arising out of or resulting from such recreational joint-use agreement.
(d) Code Section 51-12-33 shall not apply to claims for civil damages arising from the use of a school's facilities pursuant to a recreational joint-use agreement.
(e) This Code section shall apply to causes of action arising on or after July 1, 2013.