(a) Chart defined. The Planning and Zoning Officer shall prepare a school utilization chart for approval by ordinance of the County Council. The school utilization chart:
(1) shall be revised at least once a year by the County Council upon the annual recommendation of the Planning and Zoning Officer made no later than November 30 each year, and the chart may be revised more often because of significant changes in capacities;
(2) shall be updated by the Planning and Zoning Officer on May 1 and September 1 of each year, and be effective as of that date, based on proposed reductions in available school capacity due to new students proposed to be generated by new development approved by the Office of Planning and Zoning since the last school utilization chart was approved or updated;
(3) shall be based on enrollments projected by the Board of Education and the capacities of schools as determined by the Board of Education in the most recent Educational Facilities Master Plan prepared by the Board of Education and as required under subsections (b) and (c), as well as new students proposed to be generated by each new development approved by the Office of Planning and Zoning since the last school utilization chart was approved or updated; and
(4) shall determine for each public elementary, middle, and high school whether, taking into account all enrollment and student generation data provided by the Board of Education, including new students projected to be generated by new development approved since the last school utilization chart was approved or updated, the school enrollment:
(i) for each elementary and middle school is at or less than 95% of the State- rated capacity during the third school year after the school year in which the most recent revision of the school utilization chart is adopted, and designate for that year each public elementary and middle school in the County as either “open”, if the school enrollment is at or less than 95% of the State-rated capacity, or “closed”, if the school enrollment is over 95% of the State-rated capacity; and
(ii) for each high school is less than 100% of the State-rated capacity during the third school year after the school year in which the most recent revision of the school utilization chart is adopted and designate for that year each public high school in the County as either “open”, if the school enrollment is at or less than 100% of the State-rated capacity, or “closed”, if the school enrollment is over 100% of the State-rated capacity.
(b) Updates. An update to the school utilization chart by the Planning and Zoning Officer may not constitute an administrative or adjudicatory order and may not be appealed.
(c) Projected enrollment. The projected enrollment of a school used in the school utilization chart shall be based upon the most recent Educational Facilities Master Plan prepared by the Board of Education and shall include:
(1) any predicted increase in the number of students from new development in the geographical attendance area of the school; and
(2) other students expected by the Board of Education to enroll in the school, including students assigned to the school for programmatic reasons.
(d) Capacity. The capacity of a school used in the school utilization chart shall be based upon the most recent Educational Facilities Master Plan prepared by the Board of Education and shall:
(1) include the existing capacity of the school based on the program requirements of the Board of Education;
(2) include any applicable future capacity if:
(i) a contract for construction of the school or an addition to the school necessary to achieve the future capacity has been awarded; and
(ii) the Board of Education estimates that the construction will be completed in time to be used for the beginning of classes in the school year in which the future capacity is included in the school utilization chart; and
(3) not include capacity based on temporary or relocatable structures.
(e) Approval. A school utilization chart and any revisions to the chart shall not take effect until the County Council by ordinance has approved the chart or the revisions to the chart, or the Planning and Zoning Officer has approved an update to the chart pursuant to subsection (a)(2). The ordinance shall establish the effective date of the chart or revised chart, and the chart or revised chart, or any update to the chart approved by the Planning and Zoning Officer, shall continue in effect until replaced, revised, or updated.
(Bill No. 3-05; Bill No. 91-07; Bill No. 70-08; Bill No. 14-17; Bill No. 92-17; Bill No. 15-18)
Editor’s note – The changes made to § 17-5-502 by Bill No. 92-17 and Bill No. 15-18 are in effect until the final adoption of an Ordinance that updates the 2009 Anne Arundel County General Development Plan.
