Section 1. Local boards of education shall be authorized to cooperate with a public agency for the purpose of developing and maintaining recreational facilities on school property.

Section 2. A copy of a proposed agreement shall be submitted to the chief state school officer for approval.

Section 3. All plans and specifications for facilities to be erected shall be in accord with State Board for Elementary and Secondary Education administrative regulations.

Any Statuteto the contrary notwithstanding, upon the recommendation of the chief state school officer, the Kentucky Board of Education may adopt administrative regulations authorizing a local board of education to enter into an agreement with a public agency for the purpose of developing and maintaining on school property recreational facilities for school and community purposes in accordance with the following Standard:

(1) The property must be used in such a manner and at such times so that there will be no interference with school activities.

(2) The control and management of this property shall be in accordance with administrative regulations adopted hereunder by the Kentucky Board of Education.

(3) All agreements must have the prior approval of the chief state school officer and the Attorney General.

(4) Any agreement executed herein shall not be considered an indebtedness within the meaning of Sections 157 and 158 of the State Constitution of Kentucky.

(1) As used in this section:

• (a) “Nonschool hours” refers to those times occurring during the school week which precede or follow regular classroom instruction and also includes weekends, holidays, and vacation breaks;

• (b) “Public members of the community” includes, in addition to ordinary community members, both students who are not involved in a school-sanctioned curricular or extracurricular activity during nonschool hours and school staff when not working as employees of the school;

• (c) “Recreation” includes any indoor or outdoor game or physical activity, either organized or unorganized, undertaken for exercise or sport;

• (d) “School property” includes all indoor or outdoor school structures, facilities, and land, whether owned, rented, or leased by the school or school district; and

• (e) “Sport” means an activity requiring physical exertion and skill, and which by its nature and organization is competitive, includes a set of rules, and is generally accepted in the community as a sport.

(2) A local school board may authorize the use of school property by public members of the community during nonschool hours for the purpose of recreation, sport, academic, literary, artistic, or community uses pursuant to policies adopted by the local school board.

(3) A school district and its board members, officers, and employees shall retain the same immunities for any claim for loss or injury arising from use of indoor or outdoor school property or facilities during nonschool hours allowed under this section as would otherwise apply or be available had the use occurred during school hours or for school-related activities.

(4) Nothing in this section shall be construed to:

• (a) Create a duty of care or ground of liability for injury to persons or property;

• (b) Relieve any person using the school property for recreation from any obligation which he or she may have in the absence of this section to exercise care in his or her use of the school property and his or her activities thereon, or from the legal consequences of failure to employ such care;

• (c) Ripen into a claim for adverse possession, absent a claim of title or legal right; or

• (d) Limit the liability protections available under KRS 411.190 or other law.