Common use of Utilization Determination Clause in Contracts

Utilization Determination. 1. It shall be the responsibility of the School District to maintain the CSA boundaries and related data. 2. The School District shall determine the impact of a proposed development to assigned school(s) by performing the following procedures: Deduct the Twentieth Day Enrollment numbers from the school’s permanent FISH capacity. The Twentieth Day count is effective on the twentieth day of the school year until the nineteenth day of the next school year. Add or deduct capacity from capital projects over the next three years as reflected in the Adopted DEFP, which may include capacity from a new school in an approved boundary that will become effective in the next school year. Deduct the number of students from development approved per Subsections 8.11(b) and 8.13(g) of this Amended Agreement and anticipated to be built within the next three years. Deduct the number of students generated from the proposed project. 3. If it is determined that there is no permanent capacity at the assigned school(s) as determined by the procedure described in Subsection 8.13(f)2 above because the projected growth from a residential development causes the adopted LOS to be exceeded in the subject CSA, the School District may, if practical, utilize pertinent options delineated in School Board Policy 5000, to be amended consistent with this Amended Agreement and as may be amended from time to time to ensure maximum utilization at the CSA. Otherwise, all of the CSAs immediately adjacent to the primary impacted CSA will be examined for available capacity before a determination letter is issued indicating that the development has satisfied public school concurrency. 4. If necessary, the School District will reassign previously allocated adjacent capacity to achieve maximum utilization, except where such reassignment: (i.) Creates additional transportation cost impacts due to natural or physical barriers; or A flowchart providing an example of the public school concurrency process is depicted in Appendix “C”, attached hereto and made a part hereof.

Utilization Determination. 1. It shall be the responsibility of the School District to maintain the CSA boundaries and related data. 2. The School District shall determine the impact of a proposed development to assigned school(s) by performing the following procedures: Deduct the Twentieth Day Enrollment numbers from the school’s permanent FISH capacity. The Twentieth Day count is effective on the twentieth day of the school year until the nineteenth day of the next school year. Add or deduct capacity from capital projects over the next three years as reflected in the Adopted DEFP, which may include capacity from a new school in an approved boundary that will become effective in the next school year. Deduct the number of students from development approved per Subsections 8.11(b) and 8.13(g) of this Amended Agreement and anticipated to be built within the next three years. Deduct the number of students generated from the proposed project. 3. If it is determined that there is no permanent capacity at the assigned school(s) as determined by the procedure described in Subsection 8.13(f)2 above because the projected growth from a residential development causes the adopted LOS to be exceeded in the subject CSA, the School District may, if practical, utilize pertinent options delineated in School Board Policy 5000, to be amended consistent with this Amended Agreement and as may be amended from time to time to ensure maximum utilization at the CSA. Otherwise, all of the CSAs immediately adjacent to the primary impacted CSA will be examined for available capacity before a determination letter is issued indicating that the development has satisfied public school concurrency. 4. If necessary, the School District will reassign previously allocated adjacent capacity to achieve maximum utilization, except where such reassignment: (i.i) Creates additional transportation cost impacts due to natural or physical barriers; or (ii) Results in a violation of federal, State or School Board Policy. A flowchart providing an example of the public school concurrency process is depicted in Appendix “C”, attached hereto and made a part hereof.