D.C. Mun. Regs. tit. 5, r. 5-E3505

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E3505 - LEASING OF BUILDINGS AND GROUNDS

3505.1

For the purposes of this section, the following definitions shall apply:

(a) Joint Occupancy Lease: A lease pursuant to which a public school building concurrently houses both an activity of a tenant and an on-going D.C. Public Schools' activity;

(b) Co-tenancy: When two (2) or more tenants rent from the School System, pursuant to individual leases, part of one (1) school building, the entirety of which would otherwise Public Schools' activities. A tenant who occupies a space in a building pursuant to a joint occupancy lease may not sublease a portion of that space so as to create a co-tenancy; and

(c) Net Lease: A lease pursuant to which one (1) tenant rents an entire school building that would otherwise be vacant and not needed to house D.C. Public Schools' programs, and which a tenant pays, in addition to the rental payment to the Board of Education, all expenses attendant thereto. The expense shall include, but need not be limited to, taxes, insurance, interior and exterior repairs, utilities, water, solid waste disposal, maintenance, and upkeep.

3505.2

Public school buildings and grounds may be leased by the Board of Education, in whole or in part, in accordance with the provisions of this section.

3505.3

Any lease negotiated in accordance with this section shall be duly approved by the Board of Education voting in public session, upon the recommendation of the Superintendent of Schools. Any lease so approved shall be signed by the Superintendent of Schools or his or her designee on behalf of the Board of Education.

3505.4

Any school building to be leased in its entirety (whether or not to one or more tenants) shall have been identified by the Superintendent of Schools as vacant and projected not to be needed to house public school programs or operations for a period of at least ten (10) years. The buildings shall be leased only on a net lease basis.

3505.5

In determining to whom to lease entire buildings, the Superintendent shall consider the ability of prospective tenants to make rental payments and to cover any and all expenses attendant to net leases.

3505.6

Any school building to be leased in part while maintaining public school programs or operations in the remainder of the building shall have been identified by the Superintendent of Schools as containing space that is vacant, projected not to be needed to house public school programs and operations for a period of at least two (2) years, and is situated in a portion or section of the building that can be isolated and separated from any educational program being operated elsewhere in that building.

3505.7

The leasing of space pursuant to a joint occupancy lease shall take into consideration building capacity, actual and projected enrollment, and the manner in which the available space can be best utilized to accommodate activities that would be complementary and ancillary to the educational program of that school.

3505.8

As entire school buildings are identified by the Superintendent of Schools as suitable for leasing in accordance with this section, the District of Columbia Government shall be notified and requested to apprise the Board of Education of its needs and requirements.

3505.9

If the District of Columbia Government communicates an interest in leasing identified space, the Board of Education shall endeavor to match available space with the needs of individual Government agencies, taking into account the commitment of the District of Columbia Government to adequately assume the cost of leasing and operating such buildings.

3505.10

In determining how to lease space in buildings partially or entirely vacant, the Superintendent shall give due consideration to the views of the community in which the building is located, to be solicited as follows:

(a) The Superintendent shall provide thirty (30) days advance written notice of the School System's intent to lease part or all of a school building to the local school community, including neighborhood school councils, parent-teacher organizations, Advisory Neighborhood Commissions, and citizen or civic organizations that are active in the affected community and invite written comment. Any comments received shall be forwarded to the Board of Education;

(b) The Superintendent shall hold a public hearing for the stated purpose of obtaining community input and information pertinent to the proposed leasing of all or part of a school building to a specific entity; provided, that at least forty-five (45) days advance notice of this hearing shall be given to the Advisory Neighborhood Commission in whose area the school building is located and the Council of the District of Columbia; provided further, that the notice shall be published once in the D.C. Register and once a week during the forty-five (45) day notice period in a newspaper of general circulation; provided further, that this forty-five (45) day notice period may be concurrent with the notice period described in § 3505.10(a); and

(c) The Superintendent or his or her designee shall be responsible for disseminating the notice, conducting the hearing, and compiling the record for transmittal to the Board of Education; provided, that in structuring the hearing, provision shall be made for the Board member in whose ward the building is located to be among those sitting and receiving comments.

D.C. Mun. Regs. tit. 5, r. 5-E3505

Final Rulemaking published at 30 DCR 5849, 5857 (November 11, 1983); as amended by Final Rulemaking published at 37 DCR 6944 (November 2, 1990); and by Final Rulemaking published at 38 DCR 7202 (November 29, 1991)