2013 -- H 5377

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LC01086

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives Naughton, E Coderre, Handy, Ackerman, and Palangio

     Date Introduced: February 12, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-2 of the General Laws entitled "School Committees and

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Superintendents" is hereby amended by adding thereto the following section:

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     16-2-15.2. Shared use of school facilities. – (a) School committees are encouraged to

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allow public use of indoor and outdoor school property during non-school hours for recreation or

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sport, provided such use does not conflict with the function or purpose of the school department.

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     (b) A municipality, school department, school committee or school personnel shall not be

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liable for any claim from a loss or injury arising from the use of indoor or outdoor school

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property and facilities made available for public recreation or sport during non-school hours.

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     (c) Nothing in this section limits the liability of a municipality, school department, school

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committee or school personnel for acts or omissions constituting gross negligence or willful or

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wanton conduct.

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     (d) As used in this section, the following terms shall have the following meanings:

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     (1) "Non-school hours" means during the week prior to and after regular classroom

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instruction, and during weekends, holidays and vacation breaks.

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     (2) "Public" means members of the community, including students during non-school

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hours and school staff when not working as employees of the school.

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     (3) "Recreation" means any indoor or outdoor game or physical activity, either organized

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or unorganized, undertaken for exercise, relaxation, diversion, sport, or pleasure; or any creative

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art such as theatre or a musical production.

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     (4) "School" means public elementary and secondary school as outlined in Title 16.

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     (5) "School property" means all indoor or outdoor structures, facilities and land, whether

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owned, rented or leased by the school committee or school district.

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     (6) "Sport" means an activity requiring physical exertion and skill, and which by its

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nature and organization is competitive, includes a set of rules and generally accepted as being a

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sport.

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     SECTION 2. This act shall take effect upon passage.

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LC01086

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

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     This act would encourage school committees to allow public use of indoor and outdoor

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school property during non-school hours. The act would limit the liability of the school

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committee and municipality for claims of loss and injury arising from such use.

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     This act would take effect upon passage.

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LC01086

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