(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 March 1 each year, and the chart may be revised more often because of significant changes in capacities;
(2) shall be based on enrollments projected by the Board of Education and the capacities of schools as determined by the Board of Education as of February 1 of each year; and
(3) 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, the school enrollment:
(i) for each public elementary, middle, and high school that is at or 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 elementary, middle, and high school in the County as either “open”, if the school enrollment is less than 100% of the State-rated capacity, or “closed”, if the school enrollment is at or over 100% of the State-rated capacity; and
(ii) shall include the verified actual enrollment data for each school as of September 30 of the year immediately preceding the date of the school utilization chart.
(b) Appeal not allowed. The school utilization chart prepared by the Planning and Zoning Officer is not 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 a student yield generation formula and capacity determination method accepted by the Office of Planning and Zoning and Anne Arundel County public schools and posted on a County website accessible to the public. Projections shall be provided by the Board of Education by February 1 of each year and shall include:
(1) any predicted increase in the number of students from new development in the geographical attendance area of the school;
(2) a list of new development projects, including the number and type of approved dwelling units as provided to the Board of Education by the Office of Planning and Zoning; and
(3) 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:
(1) shall include the existing capacity of the school based on the program requirements of the Board of Education;
(2) shall 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;
(3) capacity generated by a new school for which the contract has been awarded but for which assignment of the geographical attendance area for the new school has not yet occurred and shall be considered available capacity for adjacent schools as provided for in § 17-5-501(a)(5); and
(4) may not include capacity based on temporary or relocatable structures.
(e) Approval. A school utilization chart and any revisions to the chart may not take effect until the County Council by ordinance has approved the chart or the revisions to the chart. The ordinance shall establish the effective date of the chart or revised chart, and the chart or revised chart shall continue in effect until replaced or revised.
(Bill No. 85-21; Bill No. 52-23)