Current developments in public school concurrency.

• Author: Weaver, Ronald L.
• Position: Florida

Concurrency is a legislatively enacted growth management tool for ensuring the availability of adequate public facilities and services to accommodate development.

Without question, school overcrowding is at the vanguard of current public concern. School overcrowding in relation to Florida's continuing growth and development is one of the most critical social issues facing our community today. While new development also plays an essential role in a growing society, economic growth is threatened by community problems such as school overcrowding. Florida's population has quadrupled since 1960 and contributed to the growing problem of school overcrowding and its negative effects. Studies gauge current school needs in Florida to be between $750 million and $3.75 billion. Needs for the next five years approach $10 billion with disputes whether the need can be fully addressed with existing revenue sources.

In October 1997, the Florida Legislature conducted its landmark special session called by Governor Lawton Chiles to address the critical problem of overcrowding in Florida's public schools. At the session's conclusion, the legislature enacted a $2.7 billion plan to build more schools. This legislation should provide welcome relief to school boards throughout the state, which are confronted by Florida's continual growth.

In 1996, in an effort to limit residential development based upon the number of children attending local schools, Broward County adopted amendments to its comprehensive plan which imposed a mandatory public school concurrency requirement. On November 21, 1997, the Department of Community Affairs issued its Determination of Noncompliance and Recommendation to Administration Commission and accepted Administrative Law Judge Larry J. Sartin's ultimate determination that Broward County's school concurrency amendments were not in compliance with F.S. Ch. 163, Part II, and Fla. Admin. Code Ch. 9J-5. The failure of Broward County to adopt legally compliant school concurrency provisions raises the question of whether public school concurrency is a viable planning tool which can be successfully implemented.

Planning Concept and Public Facilities

Concurrency is a legislatively enacted growth management tool for ensuring the availability of adequate public facilities and services to accommodate development. The foundation for a legally viable concurrency system is the formulation and implementation of a capital improvements plan for delivering essential public facilities in a timely manner, by linking the approval of new development to the current and future availability of adequate public facilities.[1] Ideally, concurrency regulations should seek to avoid the necessity for any moratoria on development by ensuring that both existing and planned public facilities are available as needed in light of a community's growth. Currently there are seven mandatory facilities that are subject to concurrency requirements as required by F.S. Ch. 163, Part II. These mandatory facilities for which local governments are required to adopt level of service (LOS) standards include roads, sanitary sewer, solid waste, drainage, potable water, parks, and mass transit.[2] A capital improvements program must be set forth in the local government's comprehensive plan and establish both LOS standards for the facilities subject to concurrency and present the means for meeting the LOS standards.[3]

While Florida's statewide concurrency requirement currently does not apply to educational facilities, several years ago local governments were given the option to elect to extend the concurrency requirement to other public facilities, including public schools.[4]

There are specific steps a local government must follow to extend concurrency to schools in compliance with F.S. Ch. 163, Part II, and Fla. Admin. Code Ch. 9J-5. First, the local government must conduct a study to determine how the statutory requirements for concurrency will be met and shared among all affected parties. Second, LOS standards must be adopted as part of the capital improvements element of the local government's local comprehensive plan. The local comprehensive plan must also include a financially feasible public school capital facilities program which must ensure educational facilities will be available at adequate LOS standards necessary to meet the requirements set forth in the local plan. Third, the requirements for intergovernmental coordination among the local government, school board, and affected entities must be met pursuant to F.S. 163.3180(1)(b)2 and 163.3177(6)(h)1 and 2. If these and other requirements are met, school concurrency may be implemented to regulate future development, possibly restricting development, under certain limited conditions, until there is adequate capacity among public schools to accommodate the impact of new development.

What Is School Concurrency?

Concurrency in general addresses a community's need to accommodate, manage, and direct growth, and ultimately to prevent any moratoria on development due to inadequate facilities. A concurrency management system is a regulatory tool used to develop specific plans to ensure that growth does not surpass the capacity of both planned and existing facilities. School concurrency, like any concurrency system, will be based upon LOS standards for measuring the adequacy of facilities in terms of current and future capacity. If concurrency is imposed on the public school system, the school board will be responsible for setting these standards, yet what will it use to determine the LOS? What should be used? Will school concurrency be linked to enrollment, the number of seats available, facilities, teachers? What should be the measuring tool for determining capacity, and should capacity be measured on a school-by-school basis, a county-wide basis, or some other standard? These are critical issues to address and resolve, as school concurrency would condition residential development upon a school's, or school district's, ability to meet established LOS standards.

The Florida Constitution requires that a uniform and free public school system be provided for all Florida students.[5] Under Florida law, the school board has the specific, limited, and delegated authority to manage the educational system on a countywide basis, while ensuring that the constitutional requirement of a uniform and free public school system is met and maintained.[6] Each county constitutes an individual school district which is controlled and operated by that county school district's school board. The school board operates the public schools locally, yet it must meet minimum standards established by the state board of education and department of education.

The school board's authority includes control over the funding, construction, location, and operation of public schools. School boards set the boundaries of school districts, establish and alter enrollment zones, set calendar schedules, allocate and determine school capacity, and undertake all other activities necessary for the operation of the school system.[7] Although school boards have exclusive control over the operation of public schools, subject only...