1. A. An LEA shall submit a proposed site to the Interagency Commission on School Construction for:

   1. (1) Acquisition of a new site planned for a new or replacement school that will be requested for Local Planning approval within 3 years;
   2. (2) Use of an existing site for a new school or a replacement school that adds capacity; or
   3. (3) Redesignation of an existing site for a new school or a replacement school that adds capacity.
2. B. 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.

3. C. The IAC and State Superintendent of Schools shall approve or disapprove an LEA's school site selection based on:

   1. (1) Consistency with the county comprehensive plan;
   2. (2) The growth element of applicable municipal comprehensive plans;
   3. (3) Available sewer and water service;
   4. (4) Transportation options; and
   5. (5) 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.

4. D. Before submitting the request for site approval to the IAC, the LEA shall:

   1. (1) Submit the school site selection to the Maryland Department of Planning for State Clearinghouse review; [and]
   2. (2) Resolve any issues brought up in the State Clearinghouse Review; and
   3. (3) 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.

5. E. When submitting the site for IAC approval, the LEA shall include:

   1. (1) The local board of education’s approval of the school site acquisition;
   2. (2) The State Superintendent’s approval of the school site acquisition; and
   3. (3) 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.
6. F. 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.

7. G. Priority Funding Area Review.

   1. (1) 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:

      1. (a) Acquisition of new sites for new schools or replacement schools that add capacity;
      2. (b) Reapproval of existing sites that were initially approved after the effective date of this regulation; or
      3. (c) Redesignation of existing sites that were initially approved after the effective date of this regulation.

   2. (2) The following sites for school construction projects are not subject to priority funding area review:

      1. (a) A site for a replacement school when there is no increase of capacity; or
      2. (b) A site granted a Priority Funding Area Waiver in accordance with Regulation .31 of this chapter.

Authority: Education Article, §§2-303, 4-126, 5-112, and 5-303 and 5-308; State Finance and Procurement Article, §5-7B-07; Annotated Code of Maryland;
Ch. 32, §5, Acts of 2022

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

Regulation .01B amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .01-1 adopted effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .02A amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .03 amended effective November 2, 2009 (36:22 Md. R. 1725); November 14, 2011 (38:23 Md. R. 1423)

Regulation .04C amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .04F adopted effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .05B amended effective November 14, 2011 (38:23 Md. R. 1423); September 28, 2015 (42:19 Md. R. 1229)

Regulation .05B, C amended effective November 2, 2009 (36:22 Md. R. 1725); February 26, 2018 (45:4 Md. R. 208)

Regulation .06 amended effective March 22, 2010 (37:6 Md. R. 480)

Regulation .06H amended effective September 28, 2015 (42:19 Md. R. 1229)

Regulation .11 amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .11I amended effective August 1, 2016 (43:15 Md. R. 865)

Regulation .11J adopted effective September 11, 2017 (44:18 Md. R. 866)

Regulation .12 amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .12B amended effective September 11, 2017 (44:18 Md. R. 866)

Regulation .13 amended effective November 14, 2011 (38:23 Md. R. 1423)

Regulation .13A, B amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .14 amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .15B amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .16 amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .23D amended effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .24E, F repealed effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .24-1 adopted effective November 2, 2009 (36:22 Md. R. 1725)

Regulation .28 adopted effective November 14, 2011 (38:23 Md. R. 1423)

Regulation .29 adopted effective November 14, 2011 (38:23 Md. R. 1423)

Regulation .29 amended effective November 24, 2014 (41:23 Md. R. 1376)

COMAR 23.03.02 recodified to be COMAR 14.39.02 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

Chapter revised effective November 4, 2019 (46:22 Md. R. 979)

Regulation .05B, C amended effective October 5, 2020 (47:20 Md. R. 876)

Regulation .06 amended effective October 5, 2020 (47:20 Md. R. 876)

Chapter revised effective June 28, 2021 (48:13 Md. R. 509)

Regulation .05 amended effective October 17, 2022 (49:21 Md. R. 951)

Regulation .05B, F amended effective November 13, 2023 (50:22 Md. R. 977)

Regulation .06 amended effective February 6, 2023 (50:2 Md. R. 51)

Chapter revised effective August 5, 2024 (51:15 Md. R. 711)

Regulation .04 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .05B, C amended effective July 7, 2025 (52:13 Md. R. 656); May 11, 2026 (53:9 Md. R. 414)

Regulation .05F amended effective January 20, 2025 (52:1 Md. R. 19)

Regulation .07 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .08A, C amended effective May 11, 2026 (53:9 Md. R. 414)

Regulation .08B, C amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .08D adopted effective May 11, 2026 (53:9 Md. R. 414)

Regulation .09 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .10A amended effective May 11, 2026 (53:9 Md. R. 414)

Regulation .11A amended effective May 11, 2026 (53:9 Md. R. 414)

Regulation .12 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .13D, E amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .14 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .15 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .16 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .17D, H amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .18D amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .20 amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .32D amended effective July 7, 2025 (52:13 Md. R. 656)

Regulation .33 adopted effective July 7, 2025 (52:13 Md. R. 656):