SB 382

Under current law, a school board may permit any responsible person to use the

school grounds, buildings, facilities, or equipment of the school district for lawful

nonschool purposes when that use does not interfere with school purposes. Also

under current law, school boards may enter into contracts with individuals, groups,

businesses, or governmental bodies to establish charter schools, which operate with

fewer constraints than traditional public schools. Current law also permits the

University of Wisconsin-Milwaukee, University of Wisconsin-Parkside, the

Milwaukee Area Technical College, and the city of Milwaukee to operate charter

schools (independent charter schools) directly or to contract for the operation of

charter schools.

This bill provides immunity from liability to a school board for death or injury

that occurs on the school grounds of the school district when the death or injury

results from a recreational activity held on the school grounds pursuant to a

recreational agreement between the school board and a person. The bill provides

identical liability protections to the governing body of a charter school that enters

into a recreational agreement with a person. The bill defines recreational activity

as any indoor or outdoor physical activity, sport, team sport, or game, whether

organized or unorganized, undertaken for the purpose of exercise, relaxation,

diversion, or pleasure. The bill defines recreational agreement as a written

authorization granted by a school board or the governing body of a charter school to

a person permitting public access to all or a specified part of the school grounds for

the purpose of any recreational activity.

The bill also provides that, when a school board or governing body of a charter

school has entered into a recreational agreement with a person, neither the school

board, the governing body of the charter school, nor an employee, officer or agent of

the school board or governing body owes any of the following duties to a person that

participates in the recreational activity: 1) a duty to keep the school grounds safe for

the recreational activity; 2) a duty to inspect the school grounds; or 3) a duty to give

warning of an unsafe condition, use, or activity on the school grounds. The bill

provides an exception to the liability protection granted to a school board and the

governing body of a charter school in an instance in which an injury or death is

caused by a malicious act or malicious failure to warn against an unsafe condition

about which an officer, employee, or agent of the school board or governing body of

the charter school knew.