14 Del. Admin. Code § 415-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 415-3.0 - Certification of Adequate Capacity

3.1 The Secretary shall issue a Certification of Adequate Capacity for a proposed development if the school district in which the proposed development is located has adequate capacity for the increased demand that will result from the proposed development.

3.2 Determining Adequate Capacity

3.2.1 A school district has adequate capacity for a proposed development if the elementary, middle, and high schools in the proposed development's feeder pattern each do not exceed 85 percent of the maximum number of students the schools can contain based on each school's physical space and class size for each grade level.

3.2.2 Capacity shall include students who are enrolled in the proposed development's feeder pattern schools based on their residence, as provided in 14 Del.C. § 202(c), and through the Delaware's School District Enrollment Choice Program as provided in 14 Del.C. Ch. 4.

3.2.3 Capacity is determined by the district at the time a developer submits a completed request for a Certification of Adequate Capacity.

14 Del. Admin. Code § 415-3.0

22 DE Reg. 296 (10/1/2018)
27 DE Reg. 515 (1/1/2024) (Final)