Liability Concerns and Shared Use of School Recreational Facilities in Underserved Communities

This study investigates perceptions of liability risk and related issues among school administrators in underserved communities. In these communities, schools can provide the physical structure and facilities for both informal and formal recreation, as well as after-school, weekend, and summer programming. Authoritative groups recognize the importance of community access to schools; however, fear of liability is seen as a significant barrier to that access. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009, with analysis completed in 2010 using descriptive statistics. Most respondents (82.2%) expressed concern about liability should someone be injured on school property after hours while participating in a recreational activity. Among those who did not permit community access, 91% were somewhat to very concerned about liability, and 86% believed that stronger legislation was necessary to better protect schools from liability for after-hours recreational use. Among those who indicated familiarity with a state law offering them limited liability protection, nearly three-fourths were nonetheless concerned about liability. Overall, liability concerns are widespread among this group of school administrators, particularly for those who had been involved in prior litigation, even if they expressed awareness of laws providing liability protection for after-hours use. Mitigating these concerns will be crucial if schools are to become venues for recreational programs that encourage physical activity outside of regular school hours.