§ 32-6-103. OVERCROWDED SCHOOL DISTRICTS.

(a)

Definitions.

(1)

In this section, the following words have the meanings indicated.

(2)

"Enrollment" means the full-time equivalent enrollment of a school.

(3)

"Overcrowded school district" means the county Board of Education's designated school district where the enrollment of the school in the district exceeds 115% of the state-rated capacity.

(4)

"Redevelopment" means the development of property that meets the requirements of § 32-4-106(b) of this article.

(5)

"School" means a public elementary, middle, or high school.

(6)

"State-rated capacity" has the meaning stated in public school construction regulations adopted by the Board of Public Works as of December 30, 1999.

(b)

Scope.

(1)

This section applies only to residential development.

(2)

This section does not apply to:

(i)

Elderly housing facilities, as defined in the Baltimore County Zoning Regulations;

(ii)

Emergency or transitional housing facilities;

(iii)

1. Sheltered housing for the handicapped or disabled; and

2.

Community care facilities, as defined in the Baltimore County Zoning Regulations;

(iv)

Group child care centers or nursery schools, as defined in the Baltimore County Zoning Regulations; or

(v)

Minor subdivisions.

(c)

Map.

(1)

On November 1 of each year, or shortly thereafter, the Department of Planning, in consultation with the Board of Education, shall prepare a map using the September 30 enrollment numbers, which shows the overcrowded school districts.

(2)

The map may not be changed before the following September 30 after the map is prepared even if changes in the enrollment would result in an enrollment decrease that would render the district not an overcrowded school district.

(d)

Recommendation.

(1)

The Department of Planning shall make the recommendation of whether a district is an overcrowded school district and whether the proposed Development Plan would result in the school district becoming an overcrowded school district at the time of the filing date.

(2)

In making its recommendation on the proposed Development Plan, the Department of Planning shall consider the cumulative effect of:

(i)

The school impact analysis filed under subsection (g) with respect to the proposed plan;

(ii)

The impact of any Development Plan, or portion of a Development Plan, approved within four years prior to the filing date; and

(iii)

The impact of any Development Plan approved prior to the filing date, if an extension was granted.

(e)

Development approval not granted. Except as provided in subsection (f) of this section, development approval may not be granted:

(1)

In existing overcrowded school districts; or

(2)

If the Development Plan is projected to generate additional school population that would result in the school district becoming an overcrowded school district.

(f)

Exception. Development approval may be granted in overcrowded school districts:

(1)

For the redevelopment of residential property for single-family dwellings or multifamily housing that does not increase the number of dwelling units from the prior development;

(2)

If the capital budget contains a capital project that has appropriations or authorizations sufficient to fund the construction of a new school, a school addition, or a renovation which would result in the district not being an overcrowded school district;

(3)

If any school in a district adjacent to the overcrowded school district has sufficient capacity to render the overcrowded school less than 115% of the state-rated capacity; or

(4)

If the Board of Education has approved a plan that implements, within one school year, educationally sound programs or initiatives that will provide adequate capacity in an overcrowded school district, including:

(i)

Grade realignments or reassignments;

(ii)

Schedule changes;

(iii)

Magnet schools;

(iv)

Special program locations;

(v)

Work-study programs;

(vi)

Early graduation; or

(vii)

Any other program or initiative that will effectively reduce enrollment in the school district to less than 115% of the state-rated capacity.

(g)

School impact analysis — Required. An applicant shall submit a school impact analysis to the Department of Planning that shall reflect at the time of the filing date, at a minimum, school population projected to be generated from the proposed Development Plan.

(h)

Same — County agencies to supply data. All background data shall be supplied by county agencies to the Department of Planning.

(i)

Same — Review. The Department of Planning shall review each school impact analysis submitted to assure compliance with the Department of Planning school study regulations.

(j)

Same — Regulations. The Department of Planning shall adopt school impact analysis regulations, in accordance with Article 3, Title 7 of the Code, to carry out this section.

(k)

Plan.

(1)

The county, the County Council, and the county Board of Education, shall annually produce and endeavor to implement a plan that will eliminate overcrowded school districts.

(2)

The plan shall include an analysis of the following factors:

(i)

Capital funding for overcrowded school districts;

(ii)

The use of redistricting as a means of relieving overcrowding;

(iii)

The use of magnet schools to relieve overcrowding;

(iv)

The use of modular construction to relieve overcrowding;

(v)

The projected overcrowding for the next 5 years and the effect of the overcrowding upon the communities;

(vi)

The overall economic impact upon the county of the overcrowding of schools, the diminished residential building which results from overcrowding, and the costs associated with implementation of the adequate school facility provisions of this title;

(vii)

The feasibility of the continued use of state-rated capacity for determining overcrowded school districts; and

(viii)

The impact of overcrowding upon the quality of education.

(3)

The plan shall include:

(i)

A mechanism by which the communities affected by overcrowded school districts will be involved in the decision making process; and

(ii)

An analysis of alternative methods of resolution to overcrowding.

(4)

The County Council may take any action it considers reasonable and necessary to resolve overcrowding, including the removal of an overcrowded school district from any or all of the requirements of this section.

(1988 Code, §§ 26-492, 26-493) (Bill No. 110-99, § 3, 3-1-2000; Bill No. 112-02, § 2, 7-1-2004; Bill No. 147-05, § 1, 1-2-2006; Bill No. 24-06, § 1, 3-17-2006; Bill No. 55-11, §§ 1, 2, 10-16-2011)

Editor's note:
  Section 2 of Bill No. 147-05 provides that this Act shall not apply to any development plan for which a hearing officer's hearing commenced prior to the effective date of this Act.