# COMAR Title 14 — Independent Agencies

## Subtitle 39 — Interagency Commission on School Construction

### Chapter 02 — Administration of the Public School Construction Program

#### Regulation .05 State-Rated Capacity.

*COMAR 14.39.02.05*

A. Definition. In this regulation, State-rated capacity means the number of students that the IAC or its designee determines that an individual school has the physical capacity to enroll.

B. Elementary Schools.

  (1) For the purposes of determining State-rated capacity, elementary schools are schools enrolling students in one or more grades from prekindergarten through grade 6, but no grades higher than grade 6.

  (2) An elementary-school classroom is a space in which the majority of the school day is spent in instruction of the core curriculum.

  (3) Elementary school students who circulate through the school to different classrooms for their core curriculum, rather than spending the majority of the school day in a single classroom and leaving the classroom only for special courses (art, music, physical education, and similar), should be considered middle school students for the purposes of calculating State-rated capacity.

  (4) For the purposes of measuring utilization of facilities and allocating State capital dollars for projects in a manner most equitable to the local school systems of the State, the IAC shall count capacity of elementary school classrooms as follows:

    (a) Prekindergarten classroom — 20;

    (b) Kindergarten classroom —  22;

    (c) Grades 1 through 5 classroom — 23;

    (d) Grade 6 classroom:

      (i) If located in an elementary school—23; or

      (ii) If located in an elementary/middle school, or a secondary school—25;

    (e) Special education classroom—10; and

    (f) Alternative education classroom—10.

  (5) State rated capacity for an individual elementary school is calculated according to the following formula:

    (a) Multiply the number of classrooms in each grade by the approved capacity for that grade; and

    (b) Then add the resulting products.

  (6) Open-space classroom capacity is calculated according to the following formula:

    (a) Divide the open space area by a square foot number the IAC determines;

    (b) Next, round the quotient to the nearest whole number; and

    (c) Then, multiply the rounded quotient by the State-approved capacity for the elementary grade.

C. Secondary Schools.

  (1) For purposes of determining State-rated capacity, secondary schools are schools enrolling students in one or more grades from 6 through 12.

  (2) Classrooms.

    (a) A secondary-school classroom is a space in which any scheduled instruction takes place.

    (b) Secondary-school classrooms include but are not limited to laboratories, career technology rooms, music rooms, art rooms, consumer science rooms, gymnasiums, and auxiliary physical education classrooms. One physical education classroom up to 2,500 net square feet which contains specialized equipment hat cannot be stored or relocated may be excluded in facilities functioning as a high school serving grades 9—12, or a middle high school serving grades 6—12, upon application to and approval of the IAC or its designee.

    (c) Auxiliary gymnasiums up to 6,000 net square feet count as one teaching station. A gymnasium over 6,000 net square feet and up to 13,000 net square feet counts as two classrooms. A gymnasium exceeding 13,000 net square feet counts as three classrooms.

  (3) For the purposes of measuring utilization of facilities and allocating State capital dollars for projects in a manner most equitable to the local school systems of the State, the IAC shall count capacity of secondary school classrooms as follows:

    (a) Grades 6 through 12 classroom—25;

    (b) Special education classroom—10; and

    (c) Alternative education classroom—10.

  (4) State-rated capacity for an individual secondary school is calculated according to the following formula:

    (a) For regular classrooms:

      (i) Multiply the number of regular classrooms by the approved capacity;

      (ii) Next, add the resulting products; and

      (iii) Then, multiply this sum by 85 percent;

    (b) For special education classrooms, multiply the number of special education classrooms by the approved capacity; and

    (c) Then, add results from §C(4)(a) and (b) of this regulation.

  (5) Open-space classroom capacity is calculated according to the following formula:

    (a) Divide the open space area by a square foot number the IAC determines;

    (b) Next, round the quotient to the nearest whole number;

    (c) Then, multiply the rounded quotient by the State-approved capacity for the secondary grade; and

    (d) Finally, multiply by 85 percent.

D. Career and Technology Programs.

  (1) Career and technology programs are occupational programs approved by the Maryland State Department of Education.

  (2) The approved capacity for a career and technology classroom is as the IAC or its designee determines on a case-by-case basis.

  (3) State-rated capacity for an individual career and technology program is calculated according to the following formula:

    (a) Multiply the number of classrooms by the approved capacity for that career and technology classroom;

    (b) Next, add the resulting products; and

    (c) Then, multiply by 85 percent.

E. The IAC or its designee shall determine on a case-by-case basis the State-rated capacity for a school that is not defined in §§B, C, and D of this regulation.

F. Cooperative use space dedicated in a written agreement to use by a non-LEA entity may not be included in the State-rated capacity unless that space is used for LEA educational purposes during the LEA’s standard school operating hours.