(a) Within 180 days after October 30, 2018, the Mayor shall allow individuals and entities to apply online for a permit to use school facilities. (b) For the purposes of this section, the term “school facilities” means fields, playgrounds, gymnasiums, multipurpose rooms, and other areas under the control of the District of Columbia Public Schools.

(a) The 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, by or for any of the following:

• (1) Any agency or agencies of the District of Columbia government, the United States government, or any international organization;
• (2) Any person or organization providing an educational or recreational program involving students of the public schools, other children, youth, or adults;
• (3) Any person or organization providing a supplementary educational program;
• (4) Any person or organization conducting civic meetings for the free discussion of public questions;
• (5) Any person or organization operating a social center, including, but not limited to, the following:
  • (A) A preschool center, child development center, or day care center;
  • (B) A health clinic or a counseling service;
  • (C) A community service program;
  • (D) A community-based consumer cooperative; or
  • (E) A studio or workshop for instruction, display, performance or promotion of the arts, or for other art-related purposes;
• (6) A playground or center for recreational activity; or
• (7) Any other use which the Board of Education may deem to be compatible with the normal use of the particular property and in the best interest of the local community, other than industrial uses, and which does not require major structural renovations at cost to the District of Columbia government to implement a particular agreement. (b) In the execution of subsection (a) of this section, preference shall be given to agencies of the District of Columbia government. (c) All fees and proceeds derived from licenses or use agreements entered into pursuant to this section and §§ 38-401.01 and 38-401.02 shall be paid to the Treasury of the District of Columbia, under regulations issued by the Mayor, and accounted for in the General Fund as a separate revenue source allocable to provide authority for the Board of Education to expend for the custody, cleaning, heating, air-conditioning, lighting, maintenance, security, and improvement of public school buildings and grounds, and the management of these licenses and use agreements. Any unobligated balance remaining 90 days subsequent to the end of the fiscal year in which the revenues were received shall be transferred by the Board of Education to the debt service fund to be applied toward the repayment of capital outlay loans and interest outstanding on public school buildings and grounds acquired and held for school purposes, pursuant to § 1-105 over and above the amount appropriated by the Congress of the United States to the District of Columbia for such purposes. (c-1) All proceeds received by the Board of Education for leasing school buildings shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia. (d) The authority of the Board of Education pursuant to this section shall be in addition to, and not in derogation of, the authority granted to the Board of Education by § 38-153 and by §§ 10-212, 10-223, and 10-224, insofar as these provisions relate to the use of buildings and grounds under the control of the Board of Education. (e) The Board of Education shall, in accordance with subchapter I of Chapter 5 of Title 2, issue rules for the consideration and review of applications for the use of public school buildings and grounds by lease or otherwise, pursuant to this section. Final approval of each lease, license, or use agreement entered into by the Board of Education pursuant to this section and §§ 38-401.01 and 38-401.02 shall be reserved to the Board of Education which may delegate to the Superintendent any of its authority.

(a) Notwithstanding any other provision of law, a civic association may enter into a use agreement to use a District of Columbia Public Schools school building for a regularly scheduled meeting at no charge; provided, that:

• (1) The use of the school building does not impose a cost on the District, except for the costs of custodial and security services; and
• (2) A civic association shall not enter into a use agreement to use a District of Columbia Public Schools school building for more than 12 regularly scheduled meetings in a calendar year. (b) The Department of General Services shall reimburse a civic association for the costs of obtaining the liability insurance required under its use agreement if that insurance is purchased through a District-approved insurance partnership program. (c) For the purposes of this section, the term “civic association” means:
• (1) A nonprofit association, corporation, or other organization that is:
  • (A) Comprised primarily of residents of the community within which the school to be used is located;
  • (B) Operated for the promotion of social welfare and general neighborhood improvement and enhancement; and
  • (C) Exempt from taxation under section 501(c)(3) or (4) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3), (4)), or a member of the D.C. Federation of Civic Associations or the Federation of Citizens Associations of the District of Columbia; or
• (2) A nonprofit association, corporation, or other organization that is:
  • (A) Comprised primarily of residents of a contiguous community that is defined by specific geographic boundaries, within which the school to be used is located; and
    • (B) Operated for the promotion of the welfare, improvement, and enhancement of that community.

For the purposes of this chapter, the term: (1) “Community use” means the recreational use of school facilities without a permit by any member of the community. (2) “DCPS” means the District of Columbia Public Schools. (3) “High-need community” means a neighborhood cluster, as that term is defined in § 38-2801.01(2E), where at least 50% of school-aged children qualify for free or reduced-price school meals. (4) “School facility” means a field, playground, gymnasium, multipurpose room, and other area used for recreation under the control of DCPS.

(a) School facilities shall be used according to the following order of priority:

• (1) Use of the school facility by the public school where the school facility is located;
• (2) Use of the school facility by DCPS;
• (3) Community use at times designated by the Mayor; and
• (4) Use of the school facility by permit holders. (b)
• (1) The Mayor shall issue permits to applicants for the use of school facilities in a manner that maximizes use while maintaining the quality of the school facilities and ensuring compliance with Internal Revenue Service rules governing tax-exempt bond financed property.
• (2) If more than one applicant submits a permit application to use the same school facility for the same period of time, the Mayor shall issue the permit according to the following order of priority:
  • (A) DCPS school program providers, including Adopt-a-School Program participants and School Partnership Fellows;
  • (B) Athletic programs organized by the Department of Parks and Recreation, District of Columbia public charter schools, or the District of Columbia State Athletic Association;
  • (C) Nonprofit organizations that principally serve District residents who are youths;
  • (D) Other nonprofit organizations that principally serve District residents;
  • (E) Individuals who are District residents or entities whose principal place of business is in the District; and
  • (F) Others.
• (3) Where applicants for use of a particular school facility are of the same priority level under paragraph (2) of this subsection, the Mayor shall issue the permit to the applicant who submitted an application first. (c) The Mayor may charge permit, custodial, or security fees associated with the use of a school facility.

(a) There is established a Community Use of School Facilities Task Force (“Task Force”). The Task Force shall:

• (1) Identify the frequency and timing of community use;
• (2) Identify existing barriers to community use;
• (3) Identify, in coordination with the Department of General Services and the Office of the Chief Financial Officer, how any changes to the District’s permitting processes as it relates to tax-exempt bond financed property might jeopardize the tax-exempt status of the District’s bonds; and
• (4) Develop recommendations to increase community use, including:
  • (A) When and for how long school facilities should be reserved for community use;
  • (B) Permissible types of community use;
  • (C) How to address existing barriers to community use; provided, that the Task Force shall not recommend shifting liability away from the District government for loss or injury resulting from community use;
  • (D) A list of any regulatory or statutory changes necessary to increase community use; and
  • (E) A list of all District property financed by tax-exempt bonds, an explanation of how proposed permitted uses of each property could violate Internal Revenue Service rules regarding tax-exempt bond financed property, and recommendations for how the Department of General Services and DCPS can ensure that the Department of General Services does not grant permits for proposed uses that could jeopardize the tax-exempt status of the District’s bonds. (b) The Task Force shall consult with organizations and individuals with experience in the fields of obesity, community health, personal or group liability insurance, and tort liability. (c) The Task Force shall be composed of the following members:
• (1) The Director of the Department of General Services, or the Director’s designee;
• (2) The Chancellor of District of Columbia Public Schools, or the Chancellor’s designee;
• (3) The Director of the Department of Parks and Recreation, or the Director’s designee;
• (4) The Executive Director of the Office on Aging, or the Executive Director’s designee;
• (5) The Chief Financial Officer, or the Chief Financial Officer’s designee;
• (6) Five community representatives appointed by the Mayor as follows:
  • (A) Three representatives from parent-teacher associations or organizations;
  • (B) One representative from a community-based recreational program serving high-need communities; and
  • (C) One representative from a District organization that provides recreational programming for children (d) By October 1, 2019, the Task Force shall transmit a report to the Council that details the Task Force’s findings and recommendations described in subsection (a) of this section.

(b) The Mayor shall promote and encourage the use of public school and public charter school facilities by community and neighborhood groups.

710.1 In accordance with D.C. Code § 31-201 (1998 Repl.), public school buildings and grounds located in the District may be used for supplementary educational purposes, civic meetings for the free discussion of public questions, social centers, centers of recreation, and playgrounds.

710.2 School facilities shall not be used for sectarian purposes.

710.3 Public school grounds and related facilities may be used by private and parochial schools for athletic contests.

710.4 The use for school purposes of school buildings and grounds under the jurisdiction of the Board of Education shall have precedence over their use for social, recreational, community, or civic purposes.

710.5 The responsibility for the use of school facilities for school functions, conferences of persons employed by the Board of Education, parents' meetings, commencement exercises, exhibitions of school work connected with day or evening school programs, civil service examinations, and other education or nonrecreational purposes shall remain with the Board of Education.

710.6 In addition to other purposes authorized by law, the Department may be authorized by the Board of Education to use school buildings and grounds for establishing the following: (a) Social centers; (b) Centers of recreation; and (c) Community playgrounds.

710.7 Authorizations by the Board of Education for the use of school facilities by the Department shall be subject to review and rescindment for cause by the Board of Education.

710.8 The Director of the Department of Parks and Recreation shall, from time to time, request the Board of Education to authorize the Department to use certain specified school buildings and grounds.

710.9 The school buildings and grounds requested shall, insofar as practicable, conform with the Recreation System Plan developed by the National Capital Planning Commission.

710.10 The Department shall not grant the use of public school buildings and grounds except in accordance with the provisions of this chapter, unless specific approval is given by order of the Board of Education.

710.11 The Department may establish and operate social centers, centers of recreation, and community playgrounds, in accordance with the provisions of this chapter, in public school buildings and on public school grounds that are approved by the Board of Education.

712.1 The use of school and recreation facilities shall not be granted for commercial activities or for profit.

712.2 It shall be the responsibility of the Director of the Department of Parks and Recreation to enforce the provisions of this section for community and recreation activities.

712.3 The enforcement of the provisions of this section, insofar as the provisions apply to schools and school organizations, shall remain with the Superintendent of Schools.

712.4 The provisions of this section shall not preclude the use of school facilities by the Department to raise funds for the payment of necessary expenses of community and recreational activities that the Department organizes and directs as an integral part of its program.

712.5 The provisions of this section shall not preclude the use of school facilities by the D.C. Public Schools, alumni associations, parent-teacher organizations, and professional organizations of teachers and officers to raise funds for D.C. Public School purposes only; provided, that all custodial and other approved charges incident to the use of the building or grounds and all other necessary expenses are paid.

3500.1 The 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.

3500.2 The 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.

3500.3 Public 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.

3500.4 Control 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.

3500.5 The 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.

3500.6 The 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.

3500.7 The 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.

3500.8 Any 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.

3500.9 Public 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.

3501.1 The Board of Education may grant the use of or lease public school buildings and grounds by or for any of the following persons, organizations or agencies: (a) Any agency or agencies of the District of Columbia Government, the United States Government, or any international organization; (b) Any person or organization providing an educational or recreational program involving students of the D.C. Public Schools, other children, youth, or adults; (c) Any person or organization providing a supplementary educational program; (d) Any person or organization conducting civic meetings for the free discussion of public questions; (e) Any person or organization operating a social center, including, but not limited to, the following:

• (1) A pre-school center, child development center, or day care center;
• (2) A health clinic or a counseling service;
• (3) A community service program;
• (4) A community-based consumer cooperative; or
• (5) A studio or workshop for instruction, display, performance, or promotion of the arts, or for other art-related purposes; (f) Any person or organization operating a playground or center for recreational activities; or (g) A person or organization for any other use considered to be compatible with the normal use of the particular property and in the best interests of the local community, other than industrial uses, and which does not require major structural renovations at cost to the District of Columbia Government to implement a particular agreement or lease.

3501.2 Among those listed in § 3501.1, preference shall be given to agencies of the District of Columbia Government; provided, that the use is pursuant to an executed use agreement or lease and that the use is compatible with existing School System programs.

3502.1 No 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.

3502.2 Public 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.

3502.3 The 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.

3502.4 The 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.

3502.5 The 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.

3502.6 For 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.

3502.6 All 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.

3502.7 Gambling 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.

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

3502.9 Outside 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.

3502.10 No 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.

3503.1 The following school-related organizations shall be granted the privileges stated in §§ 3503.2, 3503.3 and 3503.4: (a) Parent-Teacher Associations (PTA) or Home and School Associations (HSA) which are duly recognized by the local school administration pursuant to guidelines issued by the Superintendent of Schools; (b) Neighborhood School Councils established pursuant to § 401 of this title; (c) Local school community boards duly recognized by the Board of Education; (d) Community, parental and school advisory committees, established pursuant to federal or local law; (e) City-wide educational organizations or local affiliates of national educational associations which are recognized by the Superintendent of Schools; and (f) Organizations that provide volunteers to render support services in the school system which are recognized by the Superintendent of Schools.

3503.2 School-related organizations shall be granted the use of public school buildings and grounds, other than those leased pursuant to § 3505, without charge for one (1) meeting per month during non-school hours, pursuant to time and space provisions set forth in guidelines issued by the Superintendent of Schools.

3503.3 The Superintendent of Schools may require that the monthly meetings be held at a school other than at the local school with which the organization is associated when regional facilities are available at a reasonable distance from the local school and when such use is more economical; provided, that one (1) regional facility shall be established in each election ward of the City.

3503.4 School-related organizations may use public school buildings and grounds, other than those leased pursuant to § 3505, during school hours without charge for meetings, committee meetings, or other purposes which do not conflict with the operation of the school and where such use does not incur additional cost to the Board of Education. Designation of local school hours for each building and other guidelines for such use shall be issued by the Superintendent of Schools.

3503.5 Advisory Neighborhood Commissions may use local schools for regularly scheduled meetings at no charge; provided, that they vacate the building no later than fifteen (15) minutes prior to the end of the regular shift of the engineer/custodian charged with the responsibility of closing that school.

3503.6 If a Commission desires use of a school building for offices, the Commission shall execute a use agreement pursuant to § 3504.

3503.7 Use of public school buildings and grounds, other than those leased pursuant to § 3505, by school-related organization and Advisory Neighborhood Commissions shall be granted upon the approval of the Superintendent of Schools or his or her designee, pursuant to uniform guidelines issued by the Superintendent of Schools, which shall provide for the local school administrator to make a recommendation thereon.

3504.1 Use 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.

3504.2 For 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.

3504.3 The 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.

3504.4 The 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.

3504.5 Use 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.

3504.6 All 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.

3504.7 Use 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.

3504.8 Notwithstanding §§ 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.

3504.9 No 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.

3504.10 All 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.

3504.11 Grants 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.

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

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

3504.14 All 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.

3504.15 The 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.

3504.16 Each 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.

3504.17 Where 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.