1. K-12 School Facilities Policies: Understanding Approaches, Trends, and Joint Use of Schools Marni Allen, 21 st 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 School & 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 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

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 in Joint 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 in Joint 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 districts 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 Simple Complex No capital Unlocking the gates Capital Joint development

16. 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

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

18. 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

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

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.orgwww.bestfacilities.org –Model policies –State-level detail Center for Cities & Schools: citiesandschools.berkeley.educitiesandschools.berkeley.edu –Case studies –CEFPI report

26. State Policy Comparison