<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".14" citation="COMAR 14.39.02.14" title_num="14" subtitle_num="39" chapter_num="02" heading="School Site Selection.">
  <paragraph num="A.">
    <text>An LEA shall submit a proposed site to the Interagency Commission on School Construction for:</text>
    <paragraph num="(1)">
      <text>Acquisition of a new site planned for a new or replacement school that will be requested for Local Planning approval within 3 years;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Use of an existing site for a new school or a replacement school that adds capacity; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Redesignation of an existing site for a new school or a replacement school that adds capacity.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Unless a waiver is granted in accordance with Regulation .31 of this chapter, a proposed site for a new school or a replacement school that adds capacity shall be in a priority funding area.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The IAC and State Superintendent of Schools shall approve or disapprove an LEA's school site selection based on:</text>
    <paragraph num="(1)">
      <text>Consistency with the county comprehensive plan;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The growth element of applicable municipal comprehensive plans;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Available sewer and water service;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Transportation options; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The State's economic growth policies to ensure that facilities in established neighborhoods are of equal quality to new schools, including location of a new school or a replacement school that adds capacity within a priority funding area.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Before submitting the request for site approval to the IAC, the LEA shall:</text>
    <paragraph num="(1)">
      <text>Submit the school site selection to the Maryland Department of Planning for State Clearinghouse review; [and]</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Resolve any issues brought up in the State Clearinghouse Review; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Submit the school site selection to the State Superintendent for approval or disapproval in accordance with Education Article, §2-303(f), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>When submitting the site for IAC approval, the LEA shall include:</text>
    <paragraph num="(1)">
      <text>The local board of education’s approval of the school site acquisition;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State Superintendent’s approval of the school site acquisition; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For a new school or a replacement school that adds capacity located outside of a priority funding area, a request for a waiver in accordance with Regulation .31 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The IAC may recommend including a project for planning approval in the State capital improvement program only if the school site has been approved or re-approved by the IAC and the State Superintendent in the preceding 3 years.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Priority Funding Area Review.</text>
    <paragraph num="(1)">
      <text>Except as provided in §G(2) of this regulation, priority funding area review shall be conducted by the IAC for sites for new schools and replacement schools that add capacity and are proposed outside of priority funding areas, including review of requests for:</text>
      <paragraph num="(a)">
        <text>Acquisition of new sites for new schools or replacement schools that add capacity;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reapproval of existing sites that were initially approved after the effective date of this regulation; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Redesignation of existing sites that were initially approved after the effective date of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The following sites for school construction projects are not subject to priority funding area review:</text>
      <paragraph num="(a)">
        <text>A site for a replacement school when there is no increase of capacity; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A site granted a Priority Funding Area Waiver in accordance with Regulation .31 of this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>