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<regulation prefix="Regulation" num=".05" citation="COMAR 14.39.02.05" title_num="14" subtitle_num="39" chapter_num="02" heading="State-Rated Capacity.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Elementary Schools.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An elementary-school classroom is a space in which the majority of the school day is spent in instruction of the core curriculum.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Prekindergarten classroom — 20;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Kindergarten classroom —  22;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Grades 1 through 5 classroom — 23;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Grade 6 classroom:</text>
        <paragraph num="(i)">
          <text>If located in an elementary school—23; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If located in an elementary/middle school, or a secondary school—25;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Special education classroom—10; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Alternative education classroom—10.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>State rated capacity for an individual elementary school is calculated according to the following formula:</text>
      <paragraph num="(a)">
        <text>Multiply the number of classrooms in each grade by the approved capacity for that grade; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Then add the resulting products.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Open-space classroom capacity is calculated according to the following formula:</text>
      <paragraph num="(a)">
        <text>Divide the open space area by a square foot number the IAC determines;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Next, round the quotient to the nearest whole number; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Then, multiply the rounded quotient by the State-approved capacity for the elementary grade.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Secondary Schools.</text>
    <paragraph num="(1)">
      <text>For purposes of determining State-rated capacity, secondary schools are schools enrolling students in one or more grades from 6 through 12.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Classrooms.</text>
      <paragraph num="(a)">
        <text>A secondary-school classroom is a space in which any scheduled instruction takes place.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Grades 6 through 12 classroom—25;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Special education classroom—10; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Alternative education classroom—10.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>State-rated capacity for an individual secondary school is calculated according to the following formula:</text>
      <paragraph num="(a)">
        <text>For regular classrooms:</text>
        <paragraph num="(i)">
          <text>Multiply the number of regular classrooms by the approved capacity;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Next, add the resulting products; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Then, multiply this sum by 85 percent;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>For special education classrooms, multiply the number of special education classrooms by the approved capacity; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Then, add results from §C(4)(a) and (b) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Open-space classroom capacity is calculated according to the following formula:</text>
      <paragraph num="(a)">
        <text>Divide the open space area by a square foot number the IAC determines;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Next, round the quotient to the nearest whole number;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Then, multiply the rounded quotient by the State-approved capacity for the secondary grade; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Finally, multiply by 85 percent.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Career and Technology Programs.</text>
    <paragraph num="(1)">
      <text>Career and technology programs are occupational programs approved by the Maryland State Department of Education.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The approved capacity for a career and technology classroom is as the IAC or its designee determines on a case-by-case basis.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>State-rated capacity for an individual career and technology program is calculated according to the following formula:</text>
      <paragraph num="(a)">
        <text>Multiply the number of classrooms by the approved capacity for that career and technology classroom;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Next, add the resulting products; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Then, multiply by 85 percent.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
</regulation>