Q May a school board contract with a non-profit foundation created by a community hospital to allow a nurse practitioner employed by the foundation to treat students and staff during non-instructional time and charge the foundation a facility use fee?

A Yes, pursuant to the “home rule” statute, Section 37-7-301.1, a school district has the authority to contract with a third party and to charge the third party a fee for facility usage. Additionally, if the agreement between the foundation and the school board is made in an effort to reduce absences and increase overall school health, it is consistent with the authority to partner with organizations for the purpose of benefitting the school district. (Attorney General’s Opinion to May, January 8, 2016)