The California Education Code authorizes and encourages school districts to make their facilities available for community use. From recreational activities, youth development organizations, musical and theatrical performances, and celebrations, outside use of your school grounds and amenities is a mutually-beneficial outreach to your neighbors. Opening your facilities for use outside of school hours does require you to exercise normal care to maintain safe conditions and reasonable control of risks to your property and the people who use your schools.
California Education Code Section 38134 spells out the liability considerations related to the use of school property. A school district authorizing the use of school facilities or grounds is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds each bear the cost of insuring against its respective risks, and for defense against claims arising from those risks.
Your district property and liability insurance coverage should provide sufficient protection to manage potential liabilities to your district for community use of facilities. As long as you exercise the same reasonable care to maintain your property and mitigate hazards that you do for regular educational instruction, you should be adequately covered. However, you should always require any outside organization to provide their own liability insurance before they use your facilities.
Obtaining coverage for special events held by outside groups is easy and affordable. A Tenant User Liability Insurance Program (TULIP) is specifically designed to provide insurance for third parties holding special events on a school campus. Premiums for eligible events are rated by number of attendees, type of activity and duration. The organization applies for the coverage online and pays for the coverage through a secure portal. The insurer underwrites the coverage and sends a Certificate of Insurance by email to both the covered organization and the hosting school district (also named as an additional insured).
TULIP is an efficient and economical risk management solution for maximizing the utility of your facilities as a community asset while protecting outside organizations, event participants, and your school district.