Sec. 14.39.02.12. Site Selection

A. An LEA shall submit a proposed site to the Maryland Department of Planning through the Public School Construction Program for:

(1) Acquisition of a new site for a new or a replacement school;

(2) Use of an existing site for a new school or a replacement school that adds capacity; or

(3) Redesignation of an existing site for a new school or a replacement school that adds capacity.

B. Unless a waiver is granted in accordance with Regulation .29 of this chapter, a proposed site for a new school or a replacement school that adds capacity shall be in a priority funding area.

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

(1) Consistency with the county comprehensive plan;

(2) The growth element of applicable municipal comprehensive plans;

(3) Available sewer and water service;

(4) Transportation options; and

(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.

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

(1) Submit the site selection to the Maryland Department of Planning for State Clearinghouse review; and

(2) Resolve any issues brought up in the State Clearinghouse review.

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

(1) The local board of education's approval of the school site acquisition to the IAC; and

(2) 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 .28 of this chapter.

F. The IAC may recommend including a project for planning approval in the State capital improvement program only if the project site has been approved or re-approved by the IAC in the preceding 3 years.

G. Priority Funding Area Review.

(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:

(a) Acquisition of new sites for new schools or replacement schools that add capacity;

(b) Reapproval of existing sites that were initially approved after the effective date of this regulation; or

(c) Redesignation of existing sites that were initially approved after the effective date of this regulation.

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

(a) A site that was approved prior to the effective date of this regulation if a new school or a replacement school that adds capacity on the site received planning approval within 5 years of the date of the previous approval; and

(b) A site for a replacement school when there is no increase of capacity.