Introduced by Councilman Scott Price, the proposed Pottsville Freedom of Education Access Act would formally guarantee access to city parks, playgrounds, recreational facilities, and green spaces for educational institutions located within the city's boundaries.
Under the proposal, public, charter, private, and religiously affiliated schools would all be granted equal access to city-maintained recreational properties. The facilities would be available for lawful educational and recreational purposes during normal school hours.
Price said he drafted the ordinance after concerns were raised by some city officials regarding schools using public playgrounds for recess or free time during the school day.
"There were concerns raised by some city officials about schools using public playgrounds for recess or free time during school hours," Price told Skook News. "I drafted this ordinance to remove any uncertainty and ensure that every school in Pottsville, regardless of type, has clear, equal access to our parks during regular operating hours."
Price said the measure would allow schools to take advantage of public spaces when classes finish early or when teachers want to provide students with outdoor time.
"If a class finishes early or teachers want to give students some fresh air and outdoor time, they should be able to do so without hesitation," he said. "Our parks belong to the public, and our kids benefit when we make full use of them."
During council discussion, Councilman Andy Wollyung raised concerns regarding potential liability issues and the city's insurance coverage.
Wollyung said he believes state law may prohibit municipalities from allowing schools to use playground equipment during the school day because of liability and insurance concerns. He emphasized the importance of consulting with the city's insurance carrier to protect the city from potential claims.
He also suggested that schools may need to follow specific procedures, including parental permission requirements and approvals from the city, similar to other activities involving municipal facilities.
The discussion also touched on Rotary Field and other city-owned properties where outside organizations have made substantial investments. Wollyung noted that although the city owns some of the properties, existing agreements and maintenance responsibilities may need to be reviewed to clarify insurance obligations.
Price acknowledged that liability concerns are valid but argued that schools should not be treated differently than other users of public parks.
"Liability is always a legitimate concern with any public space, but we don't restrict other groups, whether it's families or kids playing in the summer, based on liability risks," Price said. "A group of friends playing basketball at JFK or children using the playground every day in July while out of school aren't limited in their access. We shouldn't treat our schools any differently."
He added that the ordinance's purpose is to provide equal access while maintaining the city's existing park rules and hours.
The council authorized Solicitor Gretchen Sterns to review the draft ordinance to ensure it complies with city code and does not conflict with state or federal laws. Wollyung also suggested seeking input from solicitors representing the affected schools to address any procedural concerns.
Price said he hopes the ordinance sends a message that the city supports all of Pottsville's students and educational institutions.
"I want every student and family in Pottsville to know their elected officials stand with them and their schools," Price said. "Public parks are funded by taxpayers, and our children deserve the ability to use them for learning outside the classroom walls."
He said he hopes the proposal will encourage healthier and more active lifestyles for local children while strengthening ties between schools and the community.
"I hope it leads to healthier, happier kids with more opportunities for fresh air and active play while building ties between our schools and the city," Price said.
The ordinance remains in the developmental stage and is expected to return to council for a formal first reading following legal review and any necessary revisions.