Section 5-E3502. PROHIBITED USES OF BUILDINGS AND GROUNDS

 

3502.1No use or lease shall be made of any public school buildings and grounds which unlawfully discriminates against any person on the grounds of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, citizenship status, family responsibilities, matriculation, political affiliation, handicapping condition, or any other basis of unlawful discrimination under the laws of the District of Columbia.

 

3502.2Public school buildings and grounds shall not be used or leased for any purpose that violates the Establishment Clause of the First Amendment to the United States Constitution.  In making a determination as to whether any particular use violates this requirement, the nature and purpose of the intended use, not the identity of the user or lessee, shall be controlling.  In any event, all costs attendant to any use or lease by a church, temple, or religious-affiliated organization of public school premises shall be borne by the user or lessee.

 

3502.3The buildings and grounds of the D.C. Public Schools may be used or leased by parochial and private schools for sponsoring athletic contests only if the sponsoring parochial or private school is located within the District of Columbia and the majority of the students attending the sponsoring school are residents of the District of Columbia.

 

3502.4The sale or consumption of alcoholic beverages shall be prohibited at public school buildings and grounds where students are in regular attendance during any part of the day.  In those buildings that are entirely leased pursuant to this chapter, alcoholic beverages may only be dispensed or sold if the appropriate license is first obtained from the Alcoholic Beverage Control Board.

 

3502.5The use of tobacco and tobacco products on public school premises shall be prohibited at all times, except that adults may use tobacco and tobacco products in designated smoking areas on public school premises established pursuant to guidelines promulgated by the Superintendent of Schools.

 

3502.6For purposes of this section, “public school premises” shall be defined as any buildings and grounds, or portion thereof, owned or leased by the District of Columbia government and used by the Board of Education for its programs, offices, or activities. Notwithstanding any other provisions in this title, students shall not be permitted to use tobacco or tobacco products, on public school premises, at any time.

 

3502.6All users and lessees of public school buildings shall adhere to the restrictions imposed by the District of Columbia Smoking Restriction Act of 1979, D.C. Law 3-22, D.C. Official Code § 7-1701 et seq. (2001), and the regulations and guidelines issued pursuant thereto.

 

3502.7Gambling shall be prohibited in public school buildings and on public school grounds; except that, the holding of bingo games and raffles pursuant to regulations promulgated by the District of Columbia Lottery and Charitable Games Control Board shall be permitted if approved in advance by the building administrator and, where necessary, in accordance with the provisions of this chapter governing use agreements and leases.

 

3502.8Public school buildings and grounds shall not be used or leased for animal shows, circuses, or similar travelling shows.

 

3502.9Outside entities that use public school grounds pursuant to a use agreement or lease shall not make any permanent installation or improvement thereon without prior written approval by the Superintendent or his or her designee.

 

3502.10No user or lessee of a school building shall be permitted to erect a sign or sign on the exterior of the premises without prior written approval of the Superintendent or his or her designee.

 

source

Final Rulemaking published at 30 DCR 5849, 5851 (November 11, 1983); as amended by Final Rulemaking published at 37 DCR 6811 (October 26, 1990).