Public School Concurrency FAQs
1. Isn't it too late for public school concurrency?
It is true that Broward County is close to built out, and that public school concurrency may have a greater impact in counties that are experiencing high growth. However, public school concurrency will help prevent new development from exacerbating the overcrowding of schools in areas of the County where school capacity is currently unavailable. In addition, as redevelopment accelerates in Broward County, public school concurrency will enable the School District to plan for the availability of public school facilities to serve the anticipated growth.
2. What is the potential impact of public school concurrency law to:
For most developers, it will be business as usual, especially in this time of declining enrollment, because the majority of the public schools in Broward County have excess capacity. However, if a developer wants to build in an area where there is no available school capacity, such project may be denied on the basis of public school concurrency. However, the developer still has options that may enable the project to proceed. For example, the developer may propose proportionate share mitigation, which essentially means that the developer pays for his/her proportionate impact on the school system or the developer can wait until capacity is available knowing that public school concurrency requires that the School District must achieve and maintain the adopted level of service standard (LOS) of 100% of a school's capacity within a five-year period.
Public school concurrency law elevates the availability of permanent capacity to the top of the District's list of priorities by requiring that the School District achieve and maintain the adopted LOS at each District School. The intent of this law ensures the community that the School District, County, Municipalities and Developers will work together to make sure that seats will always be available to support new development. However, the District is currently coping with budget shortfalls and geographic capacity imbalances while trying to meet the mandates of public school concurrency law. As such, the boundary process and programming of schools may be affected as the District works to achieve and maintain the adopted LOS at each school predominantly with excess capacity from the under enrolled schools.
3. Could my child be reassigned to another school because of public school concurrency?
Generally, when new residential developments are built, students anticipated from such developments are assigned to the school boundary serving the location of the development if the schools have capacity to accommodate the anticipated students. However, if the impacted school is determined to be over capacity, School Board policy requires that such students be assigned to the adjacent schools that have sufficient available capacity. Normally the adjacency allocation will not result in a boundary change; however in the advent of public school concurrency, it is a factor that the Board would consider during the boundary process. Thus, the school boundaries may be affected if the capacity deficiency persists at the school boundaries that are primarily impacted by the proposed development. Therefore, such scenario may result in a child being reassigned to another school.
4. How will public school concurrency impact the qualDefiniity of my child's education?
The adopted LOS used to implement public school concurrency establishes the maximum acceptable level of overcrowding at each District elementary, middle, and high school. Thus public school concurrency could indirectly improve the quality of a child's education through the assurance that sufficient capacity will be available to accommodate students anticipated from proposed residential developments.
5. What are the consequences of not participating in the public school concurrency process?
Exemption from participating in the public school concurrency process is only granted by the State. Therefore, all non-exempt local governments are required to sign the Interlocal Agreement (ILA) and implement public school concurrency requirements. Therefore, failure to participate in the process will result in local governments being prohibited from adopting comprehensive plan amendments that increase residential density.
Per the ILA, local governments can not issue building permit for residential developments, if they are signatories to the ILA.
Local governments that violate the provisions contained in the ILA will be identified in the Annual Report regarding the implementation of the ILA that is issued by the Oversight Committee. The ILA requires that the annually issued report be provided to the School Board, Broward County, the 27 Municipal Signatories, and the public.
6. Will public school concurrency result in more portables at our schools?
If the Seconded Amended ILA is approved, as necessary, the specific number of portables needed to ensure that certain schools meet future LOS deadlines may be brought into such schools for that purpose. It should be noted that such exercises will be conducted as needed only during the timeframe specified in the Second Amended ILA for the use of portables.
7. At what point does the School District review for public school concurrency?
State law requires the review for public school concurrency be conducted at the Subdivision (Plats) and Site Plans or (Function Equivalent) phases of development review process.
Amended Interlocal Agreement for Public School Facility Planning (ILA)
Pursuant to State Statute, the Agreement between the School Board of Broward County, Florida, Broward County, and 27 Municipalities, which addresses growth management issues and the provision and availability of public school facilities needed to serve students anticipated from proposed residential development.
The division or subdivision of a tract or parcel of land(s) into lot(s), block(s), etc.
Proportionate Share Mitigation
Proportionate share mitigation means when a developer pays the cost required to provide the permanent capacity needed to accommodate the student(s) anticipated from his/her proposed residential development after the School District has determined that permanent capacity is not available to accommodate such student(s).
The depiction of the location of improvements on a parcel of land which also contains all the information required by zoning ordinances.