This model of community use agreement was developed with the law firm Field Fisher Waterhouse LLP and reflects our recent knowledge and practices in the creation, implementation and management of CUAs. The aim will be to lay the groundwork for the development of agreements for a number of different educational institutions. The ministry recommends that schools consult with key parties and consult with the VSBA and/or the department`s legal department before signing an agreement with a third party on the use of schools, including ongoing agreements that may affect the school community or neighbourhood. « Sharing » – also known as « shared use » or « community use » – occurs when public organizations or sometimes private non-profit organizations agree to open or expand access to their institutions for collective uses. Sharing can be done on a formal basis (on the basis of a written legal document) or on an informal basis (on the basis of historical practices). The good news is that city, county and municipal governments can work with school districts by entering into so-called sharing agreements to allay these fears. Licensing agreements should be used for the ongoing common use of schools by third parties. For example, a local theatre group that uses a school centre for the performing arts every Wednesday night or a local football club that hires the school for one season. The Community Sharing Agreement is a more detailed agreement that applies when a school and/or a third party contribute to the construction of a new building or to the modernization of an existing facility; such as the construction of a new sports stadium in a school, funded by the school and the city council, which will be used by the school and local sports groups.
There will be other cases where we may not need an AUC, but we will propose to develop one to ensure security and clarity on the intentions of access to the Community. Rental contracts are suitable for the occasional or single rental of schools. For example, a local youth group that hires a school hall or a theatre group that wants to stage a four-night play. Information on the collective use of schools during coronavirus (COVID-19) is available in the school operating guide (registration required) that schools wishing to conclude this agreement must complete a community sharing proposal. The objective of this policy is to explain the different types of agreements available to facilitate the collective use of schools and to outline what schools need to do to access them. Most states currently have laws that encourage schools or even require the opening of their facilities to the community for recreational or other civilian purposes. Nevertheless, school officials may be reluctant to do so, cautious about costs in times of scarce budgets. School boards (supported by vsBA) are responsible for negotiations on the day-to-day management of CJUA schools with the community partner. A number of documents (login required) have been created as a practical resource to help school boards and municipal partners move from a first concept of common use to a legally binding CJUA, which must be signed by all parties before launching a tender.