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AN ACT relating to school buildings. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 162.055 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Nonschool hours" refers to those times occurring during the school week 5
which precede or follow regular classroom instruction and also includes 6
weekends, holidays, and vacation breaks; 7
(b) "Public members of the community" includes, in addition to ordinary 8
community members, both students who are not involved in a school-9
sanctioned curricular or extracurricular activity during nonschool hours and 10
school staff when not working as employees of the school; 11
(c) "Recreation" includes any indoor or outdoor game or physical activity, either 12
organized or unorganized, undertaken for exercise or sport; 13
(d) "School property" includes all indoor or outdoor school structures, facilities, 14
and land, whether owned, rented, or leased by the school or school district; 15
and 16
(e) "Sport" means an activity requiring physical exertion and skill, and which by 17
its nature and organization is competitive, includes a set of rules, and is 18
generally accepted in the community as a sport. 19
(2) A local school board may authorize the use of school property by public members 20
of the community during nonschool hours for the purpose of recreation, sport, 21
academic, literary, artistic, or community uses pursuant to policies adopted by the 22
local school board. 23
(3) A school district and its board members, officers, and employees shall retain the 24
same immunities for any claim for loss or injury arising from use of indoor or 25
outdoor school property or facilities during nonschool hours allowed under this 26
section as would otherwise apply or be available had the use occurred during school 27 UNOFFICIAL COPY 25 RS BR 12
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hours or for school-related activities. 1
(4) A local school board may authorize the use of school property, including through 2
a lease arrangement, to provide affordable housing for teachers and other 3
employees of the school board. 4
(5)[(4)] Nothing in this section shall be construed to: 5
(a) Create a duty of care or ground of liability for injury to persons or property; 6
(b) Relieve any person using the school property for recreation from any 7
obligation which he or she may have in the absence of this section to exercise 8
care in his or her use of the school property and his or her activities thereon, 9
or from the legal consequences of failure to employ such care; 10
(c) Ripen into a claim for adverse possession, absent a claim of title or legal right; 11
or 12
(d) Limit the liability protections available under KRS 411.190 or other law. 13
SECTION 2. A NEW SECTION OF KRS CHAPTER 162 IS CREATED TO 14
READ AS FOLLOWS: 15
School boards and school district finance corporations may enter into agreements to 16
provide affordable housing options for teachers and other school employees, using 17
land currently owned or leased, for the public purpose of education. If required, 18
financing under this section shall be assisted by the State Property and Buildings 19
Commission in accordance with KRS 56.467. 20