Section 5-E3500. GENERAL POLICY

 

3500.1The provisions of §§ 3500 through 3508 are adopted pursuant to the District of Columbia Board of Education Leasing Authority Act of 1982, D.C. Law 4-158, D.C. Official Code § 38-401 (2001), and other provisions of the D.C. Code which vest the control of all public school buildings and grounds in the Board of Education.

 

3500.2The jurisdiction of the Board of Education shall include all uses of public school buildings and grounds, regardless of the purpose for which the space is used, or the agency, individual, or organization using the space.

 

3500.3Public school buildings and grounds shall include those portions of buildings and school grounds which are designated by law or design for use by other government agencies or non-public school organizations unless the facilities are separate entities which operate independently of heating plants, utilities, and security systems which serve the portion of the buildings and grounds operated by the Board of Education.

 

3500.4Control of public school buildings and grounds by the Board of Education does not extend to the ownership of the fee of the land or the building(s) thereon. The legal title to real property under the control of the Board of Education is vested in the District of Columbia, a municipal corporation.

 

3500.5The Board of Education shall not have authority to sell the real property under its control and jurisdiction.  In order for any real property under the control of the Board of Education to be sold, the building or property must first be released from the control of the Board of Education to the Government of the District of Columbia, pursuant to the provisions of this chapter.

 

3500.6The control of the public schools in the District of Columbia by the Board of Education shall extend to include the negotiation and approval of use, license, and lease agreements, with or without monetary consideration, with respect to the use of public school buildings and parts thereof and the grounds appurtenant thereto, and land intended for such use, pursuant to the provisions of this chapter.

 

3500.7The first priority for use of public school buildings and grounds shall be given to the programs, activities, and needs (educational and/or administrative) of the District of Columbia Public Schools.  Activities and programs conducted under the name or auspices of the District of Columbia Public Schools, whether operated by School System personnel or those of an outside organization or agency working cooperatively with the School System, shall be considered to be among this first priority.  Use of buildings and grounds for such priority purposes shall not be governed by the provisions of this chapter pertaining to use agreements and leases.

 

3500.8Any outside use or lease of public school buildings and grounds on a joint occupancy basis shall complement and be compatible with the educational needs of existing District of Columbia Public Schools’ programs.

 

3500.9Public school buildings shall not be used by or leased to private or parochial schools to operate an elementary or secondary program in any neighborhood in which the presence of such school would be incompatible with the local public school or the presence of which would adversely affect enrollment in the local public school; provided, that this shall not preclude interim use of a public school building during such time as a private or parochial school located in the same community is undergoing renovation.

 

authority

Unless otherwise noted, the authority for the chapter is § 2(e) of the District of Columbia Board of Education Leasing Authority Act of 1982, D.C. Law 4-158, codified at D.C. Official Code § 38-401 (2001).

source

Final Rulemaking published at 30 DCR 5849 (November 11, 1983).