Facilities, Property, and School Business

School property includes public land, facilities, and equipment. Issues often arise over control of property, purchasing procedure, eminent domain, and buildings and construction. This category also includes legal information on issues arising from school business operations, such as vendor contracts.

Additional Resources

NSBA Amicus Brief - CEF v. Montgomery County (4th Cir.)
First Amendment: free speech--school district discretion over forum access

NSBA Amicus Brief - The Good News Club v. Milford Central School District (U.S. Sup. Ct.)
First Amendment: religion, speech - school policy prohibiting student religious clubs meeting in school facilities after hours -viewpoint discrimination.

Defense Considerations in Mold Litigation: Investigation, Causation, Mitigation & Remediation
By: Dale O. Thornsjo and Shamus P. O’Meara
Johnson & Condon, P.A. Reprinted with permission of Minnesota Defense Lawyers Association.

Recent Developments Affecting Nontraditional Revenue Sources for Schools
This powerpoint discusses legal issues surrounding exclusive vending contracts. It also discusses national trends in vending contracts, protests to these arrangements by parents and the community and other revenue sources for schools such as naming rights and endorsements.

From the Ground Up: Legal Issue in School Construction
This publication by NSBA’s Council of School Attorneys includes chapters on site selection, selecting and contracting with architects, general contractors, and construction managers, risk management, bidding issues, environmental concerns, and the design-build method. It can be ordered from NSBA’s online Bookstore.

Learning By Design
This award-winning resource is published each spring by the American School Board Journal and showcases exemplary school design projects, with descriptions, photos, data, and contact information for each entry. The site includes links users to regularly updated news and information, practical articles, and Internet sites.

The 21st Century School Fund
The mission of the 21st Century School Fund is to build the public will and capacity to improve urban public school facilities. The organization has done much work in the District of Columbia, publishes numerous resources on school facilities issues, and leads the Building Educational Success Together (BEST), a national collaborative of organizations that have developed a joint research, constituency building and communications agenda to improve urban school facilities.

The National Clearinghouse for Educational Facilities
The Clearinghouse was created by the U.S. Department of Education and provides information and extensive resources on planning, designing, funding, building, improving, and maintaining schools.

The National Trust for Historic Preservation
This organization is dedicated to saving historic places and revitalizing America's communities. The Trust has launched a Historic Neighborhood Schools Initiative aimed at leveling the playing filed for school renovation. This website page on historic schools includes reports, presentations, roadmaps and presentations on saving historic schools, success stories, and studies of state school facilities policies.

Connect With NSBA