D.C. Mun. Regs. tit. 5, r. 5-E3504
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.
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.
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:
The use of the following facilities in school buildings may not be permitted pursuant to a use agreement:
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.
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.
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.
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.
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.
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.
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.
All use agreements shall be signed by the Superintendent of Schools or his or her designee.
A copy of all long-term use agreements shall be provided to the Board of Education upon execution.
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.
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.
Each use agreement executed pursuant to this chapter shall include provisions for at least the following items:
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.
D.C. Mun. Regs. tit. 5, r. 5-E3504