# COMAR Title 14 — Independent Agencies

## Subtitle 39 — Interagency Commission on School Construction

### Chapter 05 — Alternative Financing

**Authority:** Education Article, §§4-126, 5-112, and 5-303, Annotated Code of Maryland

**Administrative History:** Effective date: May 21, 2007 (34:10 Md. R. 891)

**Administrative History:** Regulation .02 amended effective September 28, 2015 (42:19 Md. R. 1229)

**Administrative History:** COMAR 23.03.05 recodified to be COMAR 14.39.05 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

**Administrative History:** Regulation .01A amended effective November 4, 2019 (46:22 Md. R. 979)

**Administrative History:** Regulation .04C adopted effective November 4, 2019 (46:22 Md. R. 979)

#### Regulation .01 Scope.

*COMAR 14.39.05.01*

A. This chapter applies to a public school construction project for building, improvement, supplies, or equipment if it:

  (1) Exceeds $50,000 and has IAC planning or funding approval; or

  (2) Requires review by the State Superintendent of Schools under Education Article, §2-303, Annotated Code of Maryland.

B. This chapter does not apply to a project in a building that is not used primarily for the instruction of students, including an office building, warehouse, or vehicle maintenance or repair building.

C. In this chapter, “IAC or its designee” includes “State Superintendent or designee” if State Superintendent approval is required by Education Article, §2-303(f), Annotated Code of Maryland.

#### Regulation .02 Alternative Project Proposal Review Assistance.

*COMAR 14.39.05.02*

The State Superintendent or designee may request assistance from the IAC or its designee when reviewing alternative project financing proposals.

#### Regulation .03 Educational and Design Standards Apply.

*COMAR 14.39.05.03*

All projects financed through alternative methods shall comply with State procedures for project design review.

#### Regulation .04 Use of Alternative Financing Methods.

*COMAR 14.39.05.04*

A. A county or an LEA may use alternative financing methods for public school construction.

B. An LEA shall obtain the approval of the county governing body to use an alternative financing method.

C. Alternative financing shall be conducted consistent with Education Article, §4-126, Annotated Code of Maryland.