AIR FORCE - AFI 36-3036
NON-DEPARTMENT OF DEFENSE (DOD) PUBLIC SCHOOLS ON AIR FORCE (AF) INSTALLATIONS
|Publication Date:||5 July 2018|
The guidance contained herein details actions when receiving a request from a state or local municipality, local educational agency (LEA), or other authorized state education agency (SEA) activity, to locate a new non-Department of Defense (DoD) public school or maintain an existing non-DoD public school on an Air Force (AF) installation. It details the coordination, authorization, and approval requirements to obtain a Letter to Proceed (LTP) prior to entering into any real property actions on AF installations and applies to all installations under the purview of AF policies on real property matters. Applicability and descriptions of non-DoD public schools are as follows:
Non-DoD Public schools are those primary and secondary educational institutions that are maintained at public expense that offer compulsory, free education for the children of a community or district by a LEA or other state appointed or authorized entity. The AF has no statutory authority to create (solicit, recruit, or select) a requirement of free public education on or off the AF installation; nor, to circumvent or interfere with the state or state appointed school district, school board, and/or LEA administration of school policies and practices provided in state law or state government mandates. (Reference Title 20 United States Code (USC) Section (§) 7701, 20 USC §7713, and 20 USC §7801).
By law, public schools must accept all children and provide education through standardized curriculum approved by the SEA that meets national and/or state requirements and is administered through LEAs or other authorized entity. Public school offerings may be traditional schools, charter schools, magnet schools, or combinations thereof. (Reference 20 USC §7221i and 20 USC §7231a).
Compulsory education is recognized as a period of education that is required of children typically aged 5-18 and imposed by state law. While this varies with each state, it normally includes secondary and primary education from kindergarten through 12th grade (K-12).
Does not apply to private schools. Private schools are schools that are maintained and run by a non-Federal entity (whether for-profit or not for-profit) rather than by a governmental agency, usually charging tuition and often originally intended to service a particular tenant organization, following a specific education approach, or having religious affiliation, etc..
Private schools, by their very definition, are selective. They are not obligated to accept every child, so getting admitted may involve in-depth applications with multiple interviews, essays, and testing. Private schools, also known as independent schools, nongovernmental, or non-state schools, are not administered by local, state or national governments; thus, they retain the right to select their students and are funded in whole or in part by charging their students tuition, rather than relying on mandatory taxation through public (government) funding.
For the purposes of this instruction, private schools are not covered any further as it is more appropriate to consider a private school on an installation as a commercial enterprise instead of treatment as a school providing free compulsory education required by state law.
For ease of reference, the non-DoD originator of the request to establish a public school on AF property and who will execute a real estate instrument (if all requirements are met) will be referred to as the "school entity" throughout this instruction. The school entity proposing to establish a school on the installation will be required to provide evidence of their current, sole authority to provide the education.
The AF may support and accommodate requests, situationally dependent on installation real estate and personnel factors, for a lease to locate a new non-DoD public school or maintain existing non-DoD public schools on AF installations received from a school entity who will provide the education and has the authority to determine the school placement and type pursuant to state law for administering free public education.
School entities granted a leasehold interest in AF real property will comply with all applicable Federal and State laws and regulations and will be usually responsible for all financing, development, construction, maintenance, repair, and operations to include all costs and expenses, including but not limited to those for, utilities, sidewalks and parking areas, landscaping and grounds maintenance, and rent, IAW AFI 32-9003, Granting Temporary Use of Air Force Real Property. (T-0).