Section 5-E3504. USE AGREEMENTS

 

3504.1Use of public school buildings and grounds by non-public school related organizations, individuals, or other agencies of the District of Columbia Government, shall be granted pursuant to the provisions of §§ 3500, 3501, and 3502, and this section.

 

3504.2For purposes of this section, “use agreement” shall be defined as an agreement, not of the character of a leasehold estate, pursuant to which individuals, organizations, and agencies may be permitted use of school buildings and grounds before, during, and after school hours or on the weekend for single or multiple events.

 

3504.3The use of the following facilities in school buildings shall be permitted, at the discretion of the Superintendent or his or her designee, upon the execution of a use agreement:

 

(a)Gymnasiums;

 

(b)Auditoriums;

 

(c)Classrooms;

 

(d)Multi-purpose rooms;

 

(e)Cafeteria dining areas;

 

(f)Locker rooms;

 

(g)Media centers;

 

(h)Hallways and corridor; and

 

(i)Restrooms.

 

3504.4The use of the following facilities in school buildings may not be permitted pursuant to a use agreement:

 

(a)Boiler and mechanical equipment rooms;

 

(b)Plennum chambers;

 

(c)Tunnels;

 

(d)Maintenance and custodial areas;

 

(e)Kitchens and kitchen equipment, except as provided in § 3504.15; (f) Roofs;

 

(g)Attic spaces;

 

(h)Teacher and employee lounges; or

 

(i)All offices.

 

3504.5Use of public school buildings and grounds pursuant to a use agreement shall be granted only when the use is without cost to the Board of Education or when the costs are reimbursed to the Board of Education by other agencies of the Government of the District of Columbia; provided, that the Superintendent of Schools for short-term use agreements and the Board of Education for long-term use agreements may accept in-kind services to the School System in lieu of all or part of the custodial, utility, and operational expenses attendant to providing the space.

 

3504.6All use agreements which extend for a period of one (1) year or less shall be defined as short-term use agreements and are subject to the approval of the Superintendent of Schools or his or her designee.

 

3504.7Use agreements for multiple events which extend for a period of more than one(1) year shall be defined as long-term use agreements and shall be subject to the review of the Board of Education as provided in § 3504.9.

 

3504.8Notwithstanding §§ 3504.6 and 3504.7, fund-raising activities may only be permitted use of public school buildings and grounds upon the written recommendation of the Superintendent of Schools and the approval of the Board of Education; except, in those instances where the activity is a one-time event, such use may be approved by the Superintendent or his or her designee without advance approval of the Board. Although approval by the Board of such one-time events is not required, the Superintendent shall provide written notice to all Board Members of the requested use at least seventy-two (72) hours prior to approval.

 

3504.9No later than thirty (30) days prior to the intended execution of long-term use agreement, the Superintendent shall so notify the Board of Education of his or her intention to execute it. The Board may, within thirty (30) days after receiving the notice, direct the Superintendent not to execute the agreement; provided, that the failure to so direct the Superintendent within the thirty (30) days shall vest the Superintendent with the discretion to proceed with the agreement.  In any event, the Board shall approve the acceptance of any in-kind services in lieu of receiving payment for expenses attendant to providing the space.

 

3504.10All long-term use agreements shall be reviewed annually and may be extended, modified, or cancelled subsequent to the review.  No long-term use agreement shall contain any provision for automatic extension beyond the original term of the agreement.

 

3504.11Grants of use and use agreements shall be valid only with respect to the original grantee.  Grants of use and use agreements shall be non-transferable and non- assignable and shall make no provision for the designation of any sub-grantee by the user.

 

3504.12All use agreements shall be signed by the Superintendent of Schools or his or her designee.

 

3504.13A copy of all long-term use agreements shall be provided to the Board of Education upon execution.

 

3504.14All long-term use agreements shall be subject to cancellation by the Board of Education, upon the written recommendation of the Superintendent of Schools, at any time for violation of the provisions of this chapter, violation of any provision of the use agreement, a finding by the Board of Education that the use conflicts with the priority needs of the School System, or other reasonable cause, after written notice to the user.

 

3504.15The use of cafeteria or kitchen facilities shall be granted pursuant to guidelines established by the Superintendent of School; provided, that specific provision is made for such use in the language of the use agreement.  Whenever the kitchen, cafeteria, or serving counter areas within a public school is to be used for any purpose other than in connection with the regularly scheduled student feeding programs, such use shall be coordinated in advance with the Director of the Division of Buildings and Grounds and with the Director of the Food Services Branch or other responsible school official(s) designated by the Superintendent of Schools.

 

3504.16Each use agreement executed pursuant to this chapter shall include provisions for at least the following items:

 

(a)The name of the individual, organization, or agency with which the agreement is made;

 

(b)The name, title, and authority of the person(s) responsible for the use of the building or school grounds and the designated contact person(s);

 

(c)A description of the particular room(s), space, or area to which the use agreement applies;

 

(d)The specific times, dates, or other appropriate designation of the period(s) of use;

 

(e)The specific use(s) covered by the agreement;

 

(f)A listing of the general restrictions and conditions provided by this chapter and any other specific conditions and restrictions applicable to the particular grant of use;

 

(g)A description of the costs or estimated costs related to the grant of use and specific provision for the payment or reimbursement of the costs, including all costs for custodial services supplies, heat or air-conditioning, utilities, telephone service, and repairs or modifications to existing structures;

 

(h)The assignment of risk and liability for damages and personal injury, including any requirement for insurance coverage; and

 

(i)Incorporation of the applicable provisions of this chapter in the agreement by reference.

 

3504.17Where appropriate, provisions of the use agreement with regard to cost may stipulate a fee based on cost per square foot, a pro-rata fee for maintenance and repairs, or other appropriate form of cost allocation, reimbursement, or payment, including the provision of in-kind services, for the cost of the use of buildings and grounds.

 

source

Final Rulemaking published at 30 DCR 5849, 5857 (November 11, 1983).