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Board scrutinizes proposed rule on school facility leases after staff warns of auto-approval language
Summary
Staff proposed new Rule 80-40 governing use and rental of district facilities and outside leases. Board members pressed staff and general counsel about a clause that would allow an event contract to proceed if district reviewers do not approve it within five business days.
District staff presented a rewrite of School Board Policy 80-40 on April 8 that bundles rules on leases, short-term facility rentals and event contracts. Chris Akwesu, the district’s director of facilities and real estate, told the board the rewrite aims to standardize event contracts and ensure legal and financial compliance.
Several board members and general counsel raised a specific concern with proposed Rule 9: the draft would allow a referring administrator to execute an event agreement if “the reviewing district departments” did not provide approval within five business days. Board member H. Bowman and Dr. Zeman said that language could create a loophole in which contracts are automatically approved without legal or risk review.
Ms. Batista (general counsel) and Mr. Cabuso (staff) said the policy text was intended to speed processing for short-term school events—proms and similar activities—by enabling simultaneous review by departments including general counsel, risk management and facilities. Cabuso said the template is designed so general counsel can require addenda if needed, and that the clause was meant to prevent projects from being “bogged down” in series reviews.
Board members asked several implementation questions that staff could not answer in detail on the spot: how long the lease process historically takes, how the district ensures a consistent legal review, and whether the five-day auto-approval language had been tested or requires revision. Ms. Boleman and others asked for clearer plain-language phrasing and explicit time frames so principals, vendors and community groups know how far in advance to submit requests.
General counsel said the district is implementing the policy to ensure legal protections remain in place and to preserve counsel’s ability to add required language to outside landlord templates. Board members and staff agreed to revisit the proposed language and recommended edits: tighten or remove the automatic-approval clause, clarify which administrator is the “referring administrator,” and record typical turnaround times so schools know how far ahead to plan events.
Why it matters: event contracts and leases are routine ways schools use local facilities and district property. The board signaled support for streamlining approvals but resisted language that could let contracts proceed without needed legal and risk protections. Board members asked staff to return with revised, clearer language and a timeline history for processing leases and event contracts.
Ending: Staff agreed to refine the draft text with the general counsel’s office, supply a history of processing times and return the policy for further review.
