23.03.02.04

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 purposes of determining State-rated capacity, elementary schools are schools enrolling students in one or more grades from prekindergarten through 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) The approved capacity for an elementary school classroom is:

(a) Prekindergarten classroom—20;

(b) Kindergarten classroom—22;

(c) Grades 1 through 5 classroom—23;

(d) Grade 6 classroom—25; and

(e) Special education classroom—10.

(4) 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.

(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; 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 laboratories, career technology rooms, music rooms, art rooms, consumer science rooms, gymnasiums, and auxiliary physical education classrooms.

(c) A gymnasium with a standard interscholastic basketball court counts as two classrooms.

(3) The approved capacity for a secondary school classroom is:

(a) Grades 6 through 12 classroom—25; and

(b) Special 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 noneducational purposes is not included in the State-rated capacity.