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<article heading="Article I. School Facilities Utilization Act.">
  <section heading="Sec. 44-1. Purpose.">
    <paragraph indent="1">It is the purpose of this article to achieve and maintain the following:</paragraph>
    <paragraph indent="1">(a)   Without interference with educational programs and activities or unless precluded by lease conditions between the board of education and private tenants under joint occupancy or similar arrangements, maximum utilization of gyms, playing fields, classrooms and other facilities of the Montgomery County public schools by public and nonpublic agencies, community groups and citizens generally throughout the county, toward the end that these public facilities serve the public on a year-round basis;</paragraph>
    <paragraph indent="1">(b)   Availability to actual and potential users of comprehensive and current information as to community activities and programs being conducted in school facilities and the conditions under which such facilities may be made available;</paragraph>
    <paragraph indent="1">(c)   Allocation and scheduling of facility space among users on an equitable basis;</paragraph>
    <paragraph indent="1">(d)   Improvement of coordination among common services utilizing school facilities;</paragraph>
    <paragraph indent="1">(e)   Identification of new and expanded facility use possibilities;</paragraph>
    <paragraph indent="1">(f)   Establishment of regulations for use, including fee schedules, replacement or repayment for damage to facilities and equipment and other necessary conditions for use; and</paragraph>
    <paragraph indent="1">(g)   Full consideration of community use factors in planning the construction or renovation of school facilities.</paragraph>
    <paragraph indent="1">(h)   It is the further purpose of this article to provide for maximum flexibility to communities and individual schools in the development of program activities in response to particular community needs.</paragraph>
  </section>
  <section heading="Sec. 44-2. Definitions.">
    <paragraph indent="1">For the purposes of this Article, the following words and phrases have the meanings indicated:</paragraph>
    <paragraph indent="1">Board. The Interagency Coordinating Board established by Section 44-3.</paragraph>
    <paragraph indent="1">Committee. The advisory committee established by Section 44-5.</paragraph>
    <paragraph indent="1">Director. The Director of Community Use of Public Facilities.</paragraph>
    <paragraph indent="1">Schools. Buildings and grounds, playing fields, gymnasia and associated educational facilities and equipment under the ownership and operating control of the Montgomery County board of education, including but not limited to those schools currently or in the future designated as "community schools."</paragraph>
    <paragraph indent="1">Superintendent. The superintendent of Montgomery County public schools.</paragraph>
    <paragraph indent="1">Community school council. An existing body created to provide information and advice on community needs, program development, facility use and related matters at designated "community schools" or a body as may be created in the future to perform similar functions regarding other schools or groups of schools.</paragraph>
  </section>
  <section heading="Sec. 44-3. Interagency Coordinating Board.">
    <paragraph indent="1">(a)   Establishment and responsibilities. Except as provided in Section 44-4A, the Interagency Coordinating Board for Community Use of Public Facilities must review and coordinate the activities conducted under this Article. The Board must:</paragraph>
    <paragraph indent="2">(1)   review budget requests of the Director and make recommendations about the requests to the Chief Administrative Officer, County Executive and County Council;</paragraph>
    <paragraph indent="2">(2)   recommend fee schedules that the Council may adopt by resolution after receiving the recommendations of the Executive;</paragraph>
    <paragraph indent="2">(3)   review and propose modifications in major contracts and grants negotiated between the County and Montgomery County Public Schools under this Article;</paragraph>
    <paragraph indent="2">(4)   provide periodic evaluations, advice, and recommendations, and an annual report by March 1 of each year, to the Director, the Board of Education, the Executive, and the Council about implementation of this Article;</paragraph>
    <paragraph indent="2">(5)   adopt regulations necessary to implement this Article; and</paragraph>
    <paragraph indent="2">(6)   recommend how to resolve any interagency differences and problems in implementing this Article to the Executive, the Board of Education, the Maryland National Capital Park and Planning Commission, Montgomery College, or the Council, as appropriate, including recommendations to promote coordination between programs and activities conducted under this Article and related services and activities financed by the County government.</paragraph>
    <paragraph indent="1">(b)   Membership. The Board consists of voting members and nonvoting, ex officio members.</paragraph>
    <paragraph indent="2">(1)   The voting members are:</paragraph>
    <paragraph indent="3">(A)   the Chief Administrative Officer;</paragraph>
    <paragraph indent="3">(B)   the Superintendent of Schools;</paragraph>
    <paragraph indent="3">(C)   the President of Montgomery College;</paragraph>
    <paragraph indent="3">(D)   a member of the Maryland-National Capital Park and Planning Commission designated by the Montgomery County members of the Commission;</paragraph>
    <paragraph indent="3">(E)   a Councilmember, the Executive Director of the Office of the County Council, or a senior staff member of the County Council, who represents the Council;</paragraph>
    <paragraph indent="3">(F)   one resident appointed by the Superintendent and confirmed by the Board of Education; and</paragraph>
    <paragraph indent="3">(G)   three residents appointed by the Executive and confirmed by the Council.</paragraph>
    <paragraph indent="0">The Advisory Committee may recommend individuals to the Executive and the Superintendent for appointment as resident members of the Board.</paragraph>
    <paragraph indent="2">(2)   The nonvoting, ex officio members of the board are:</paragraph>
    <paragraph indent="3">(A)   a member of the Board of Education designated by the Board of Education;</paragraph>
    <paragraph indent="3">(B)   a person designated by the Montgomery County Association of Administrators and Principals to represent secondary school administrators and confirmed by the Council;</paragraph>
    <paragraph indent="3">(C)   a person designated by the Montgomery County Association of Administrators and Principals to represent elementary school administrators and confirmed by the Council.</paragraph>
    <paragraph indent="2">(3)   The Chief Administrative Officer, the Superintendent of Schools, the President of Montgomery College, and the Montgomery County member of the Maryland- National Capital Park and Planning Commission may each designate a senior staff member to serve in their absence as an alternate member of the Board.</paragraph>
    <paragraph indent="1">(c)   Officers. The Board must elect a Chair and Vice Chair to serve for a one-year term, and may reelect either or both officers.</paragraph>
    <paragraph indent="1">(d)   Terms. Members of the Board appointed under subsections (b)(1)(F) and (G) and (2)(B) and (C) must serve staggered four-year terms beginning on July 1 of the year when the term of the member's predecessor is scheduled to expire. A member continues to serve until the member's successor is appointed.</paragraph>
    <paragraph indent="1">(e)   Compensation. Members of the Board serve without compensation.</paragraph>
    <paragraph indent="1">(f)   Meetings. The Board must meet at least once every three months. The Board may be convened at any time, with appropriate advance notice, at the call of the chair or upon the request of the Chief Administrative Officer or the Superintendent.</paragraph>
    <paragraph indent="1">(g)   Attendance. Section 2-148(c) applies only to resident members of the Board.</paragraph>
  </section>
  <section heading="Sec. 44-4. Director of Community Use of Public Facilities.">
    <paragraph indent="1">Except as provided in Section 44-4A, the Director must:</paragraph>
    <paragraph indent="1">(a)   Administer the programs and activities necessary to carry out the purposes of this article;</paragraph>
    <paragraph indent="1">(b)   Administer appropriated funds and explore the possibility of obtaining additional funds from non-county sources;</paragraph>
    <paragraph indent="1">(c)   Provide information and guidance to community groups, municipal governments, county agencies and other users of school facilities as to ways in which such facility use could be made more cost effective;</paragraph>
    <paragraph indent="1">(d)   In consultation with the board and with the approval of the chief administrative officer, employ and train community school coordinators and other necessary personnel;</paragraph>
    <paragraph indent="1">(e)   Directly with individual schools or through community school coordinators (or other intermediate personnel), maintain effective liaison and consultation with school principals, community school councils and other community organizations and user groups in order to fulfill the following responsibilities, among others:</paragraph>
    <paragraph indent="2">(1)   Encourage and assist in the formation of community school councils;</paragraph>
    <paragraph indent="2">(2)   Schedule use of school facilities;</paragraph>
    <paragraph indent="2">(3)   Under arrangements with school principals, assure general and proper supervision of non-school use of buildings and other facilities, including the engagement of appropriate on-site personnel;</paragraph>
    <paragraph indent="2">(4)   Generally coordinate logistical, financial and related aspects of the after-school, evening, weekend and vacation period and other non-school use of school facilities, as may be provided in contractual or other arrangements between the county government and the board of education;</paragraph>
    <paragraph indent="2">(5)   Survey community needs and develop outreach and other programs to meet those needs through optimal use of school facilities; and</paragraph>
    <paragraph indent="2">(6)   Assume responsibility for needed repair or replacement of property resulting from community use;</paragraph>
    <paragraph indent="1">(f)   Effect cooperation among activities under this article, community programs and activities carried on in former schools subsequently taken over by the county government and multipurpose community centers operated by the county government;</paragraph>
    <paragraph indent="1">(g)   Serve as executive secretary to the board; and</paragraph>
    <paragraph indent="1">(h)   Perform such other related duties as may be required.</paragraph>
  </section>
  <section heading="Sec. 44-4A. Reserved." />
  <section heading="Sec. 44-5. Advisory committee.">
    <paragraph indent="1">(a)   There is hereby established an advisory committee to advise the board and director as to programs and activities conducted pursuant to this article; the committee shall bring to the board and director a broad spectrum of ideas and recommendations as to community use of school facilities. The committee shall submit recommendations to the board on the following subjects: ways by which school facility use may be increased by public agencies and community groups; ways in which information and other outreach efforts may be approved; ways in which facility utilization may be made more cost effective; and, ways by which procedural changes may result in a more effective operation.</paragraph>
    <paragraph indent="1">(b)   Members of the committee shall be appointed by the board or designated by organizations under arrangements specified by the board and shall be representative of various county and community groups with interests in school facility use.  Committee members shall serve without compensation. The director shall provide necessary staff support for the committee.</paragraph>
  </section>
  <section heading="Sec. 44-5A. Enterprise fund established; accounts.">
    <paragraph indent="1">(a)   An enterprise fund is established.  The Director of Finance administers the fund.  The Director of Finance must deposit to the enterprise fund:</paragraph>
    <paragraph indent="2">(1)   all funds paid to the County, either directly or through the Montgomery County public school system, from user fees and other payments for non-school use of school facilities;</paragraph>
    <paragraph indent="2">(2)   funds from grants, contracts, or other arrangements with federal or state governments or from other public or private sources in connection with the non-school use of school facilities;</paragraph>
    <paragraph indent="2">(3)   all funds paid to the County from user fees and other payments for community use of other public facilities; and</paragraph>
    <paragraph indent="2">(4)   any funds appropriated by the County Council to the enterprise fund.</paragraph>
    <paragraph indent="1">(b)   The Director of Finance must pay from the enterprise fund amounts necessary to:</paragraph>
    <paragraph indent="2">(1)   reimburse the Montgomery County public schools for costs incurred or services rendered in making school facilities available for community or other non-school use;</paragraph>
    <paragraph indent="2">(2)   reimburse a government agency for costs incurred or services rendered in making other public facilities available for community use;</paragraph>
    <paragraph indent="2">(3)   pay the expenses of meetings and other activities of the Board; salaries and other expenses for the Director, coordinators, and other personnel necessary to implement this Chapter; and</paragraph>
    <paragraph indent="2">(4)   pay any other expenses necessary to carry out the activities authorized or required by this Chapter.</paragraph>
    <paragraph indent="1">(c)</paragraph>
    <paragraph indent="2">(1)   The Director of Finance and the Director of Management and Budget must establish a system of fund accounts and other accounts that reflect all identifiable direct costs necessary to make school facilities available for non-school use and other public facilities available to community use.  For school facilities, the Directors must establish the accounting system in cooperation with the Superintendent, using criteria approved by the Board.  This subsection does not apply to a joint tenancy arrangement maintained by the Board of Education.</paragraph>
    <paragraph indent="2">(2)   The accounts established under paragraph (1) must provide the financial basis to:</paragraph>
    <paragraph indent="3">(A)   calculate and establish fee schedules;</paragraph>
    <paragraph indent="3">(B)   estimate any subsidy the County will provide for a particular type of community use; and</paragraph>
    <paragraph indent="3">(C)   prepare budget requests for the appropriation of County funds to implement this Article.</paragraph>
  </section>
</article>