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The New Urban Order: Is the Rise of Homeschooling a Problem?

Do Texas public schools exist to serve the school district? Or do they exist to serve all the children and families in the community? Here is the list of schools discriminating against homeschoolers by not allowing those students to participate in UIL. #txlege…

— Matt Schaefer (@RepMattSchaefer) January 5, 2026

Section 305: Educational Group E (2024 IBC)

Group E occupancy covers buildings (or portions thereof) used for educational purposes by six or more persons at any time through the 12th grade.

This includes:

• Elementary schools — Kindergartens through high schools (primary classification for academic instruction).
• Day care facilities — Specifically for more than five children older than 2½ years of age receiving educational, supervision, or personal care services for fewer than 24 hours per day.

Key exceptions and notes:

• Facilities with five or fewer children (any age) in day care → classify as part of the primary occupancy or as Group R-3 (if in a dwelling unit).
• Day care during religious functions in places of worship → classifies as part of the primary occupancy (often Group A-3).
• Accessory religious educational rooms or auditoriums with occupant loads <100 → classify as Group A-3.

Colleges and universities do not fall under Group E; higher education facilities typically classify as Group B (Business) for classrooms, offices, and labs, with assembly spaces (e.g., lecture halls, auditoriums) as Group A if they meet assembly criteria.

Section 308: Institutional Group I (Relevant to Day Care – Group I-4)

Section 308 defines Institutional Group I occupancies overall, with Group I-4 specifically addressing day care facilities requiring custodial care.

Group I-4 includes buildings occupied by more than five persons of any age who receive custodial care (supervision and assistance due to age or incapacity) for fewer than 24 hours per day, provided by non-relatives outside the home.

This explicitly covers:

• Adult day care.
• Child day care (particularly when occupants need assistance in emergencies).

For child day care:

• Facilities serving more than five children 2½ years of age or younger → generally Group I-4.
• Exception allowing reclassification to Group E: If serving more than five but no more than 100 children ≤2½ years old, care rooms are on the level of exit discharge, and each care room has a direct exterior exit door.

Other notes:

• Five or fewer persons receiving custodial care → classifies as part of the primary occupancy or Group R-3 (if in a dwelling unit).
• Care during religious functions → classifies as part of the primary occupancy.

Elementary schools and colleges do not fall under Section 308; elementary schools are Group E (as above), and colleges are typically Group B.

These classifications in the 2024 IBC remain consistent with prior editions (e.g., 2021). Local amendments may apply, so verify with the authority having jurisdiction. For the exact text, consult the official ICC digital codes.