2013 Kentucky Revised Statutes CHAPTER 162 - SCHOOL PROPERTY AND BUILDINGS 162.055 Use of school property by public for recreational, sporting, academic, literary, artistic, or community uses -- Limited civil immunity.
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162.055 Use of school property by public for recreational, sporting,
academic, literary, artistic, or community uses -- Limited civil immunity.
(1)
(2)
(3)
(4)
As used in this section:
(a) "Nonschool hours" refers to those times occurring during the school week
which precede or follow regular classroom instruction and also includes
weekends, holidays, and vacation breaks;
(b) "Public members of the community" includes, in addition to ordinary
community members, both students who are not involved in a
school-sanctioned curricular or extracurricular activity during nonschool
hours and school staff when not working as employees of the school;
(c) "Recreation" includes any indoor or outdoor game or physical activity,
either organized or unorganized, undertaken for exercise or sport;
(d) "School property" includes all indoor or outdoor school structures,
facilities, and land, whether owned, rented, or leased by the school or
school district; and
(e) "Sport" means an activity requiring physical exertion and skill, and which
by its nature and organization is competitive, includes a set of rules, and
is generally accepted in the community as a sport.
A local school board may authorize the use of school property by public
members of the community during nonschool hours for the purpose of
recreation, sport, academic, literary, artistic, or community uses pursuant to
policies adopted by the local school board.
A school district and its board members, officers, and employees shall retain
the same immunities for any claim for loss or injury arising from use of indoor
or outdoor school property or facilities during nonschool hours allowed under
this section as would otherwise apply or be available had the use occurred
during school hours or for school-related activities.
Nothing in this section shall be construed to:
(a) Create a duty of care or ground of liability for injury to persons or
property;
(b) Relieve any person using the school property for recreation from any
obligation which he or she may have in the absence of this section to
exercise care in his or her use of the school property and his or her
activities thereon, or from the legal consequences of failure to employ
such care;
(c) Ripen into a claim for adverse possession, absent a claim of title or legal
right; or
(d) Limit the liability protections available under KRS 411.190 or other law.
Effective:July 12, 2012
History: Created 2012 Ky. Acts ch. 133, sec. 1, effective July 12, 2012.
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