Updates to Public School Concurrency Clause Samples

Updates to Public School Concurrency. The School Board, County and Cities shall use the processes and information sharing mechanisms outlined in this Amended and Restated Agreement to ensure that the uniform district-wide public school concurrency system is updated, the District Facilities Work Program remains financially feasible in the future, and any desired modifications are made. The District’s updated Five-Year Plan will be adopted into the County’s and Cities’ capital improvement elements no later than December 1 of each year. The School Board shall not amend the District Facilities Work Program as to modify, delay or delete any project that affects student capacity in the first three (3) years of the Five Year Plan unless the School District staff, with the concurrence of a majority of the School Board members, provides written confirmation that: 1. The modification, delay or deletion of a project is required in order to meet the School Board’s constitutional obligation to provide a county-wide uniform system of free public schools or other legal obligations imposed by state or federal law; or 2. The modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS standard to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; or 3. The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS standard to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; and 4. The Staff Working Group has had the opportunity to review the proposed amendment and has submitted its recommendation to the Superintendent or designee. The School Board may amend the District Facilities Work Program at anytime to add necessary capacity projects to satisfy the provisions of this Agreement. For additions to the District Facilities Work Program, the School Board must demonstrate its ability to maintain its financial feasibility.
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