Chapter 244

2008 -- H 7283 SUBSTITUTE A AS AMENDED

Enacted 07/05/08

A N A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

Introduced By: Representative Peter F. Kilmartin

Date Introduced: January 29, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-2-21.4 of the General Laws in Chapter 16-2 entitled "School

Committees and Superintendents" is hereby amended to read as follows:

16-2-21.4. School budgets -- Compliance with certain requirements. -- (a)

Notwithstanding any provision of the general or public laws to the contrary, whenever a city,

town, or regional school committee determines that its budget is insufficient to comply with the

provisions of section 16-2-21, 16-7-23, or 16-7-24, the city, town, or regional school committee

shall adhere to the appropriated budget or the provisions of section 16-2-23 in the absence of an

appropriated budget. The chairperson of the city, town, or regional school committee, in

accordance with the provisions of section 16-2-9, shall be required to petition the commissioner,

in writing, to seek alternatives for the district to comply with state regulations and/or provide

waivers to state regulations and, in particular, those which are more restrictive than federal

regulations that allow the school committee to operate with a balanced budget. Waivers which

affect the health and safety of students and staff or which violate the provisions of chapter 24 of

this title shall not be granted. The commissioner must consider alternatives for districts to comply

with regulations and/or provide waivers to regulations in order that the school committee may

operate with a balanced budget within the previously authorized appropriation. In the petition to

the commissioner, the school committee shall be required to identify the alternatives to meet

regulations and/or identify the waivers it seeks in order to provide the commissioner with the

revised budget which allows it to have a balanced budget within the previously authorized

appropriation. The commissioner shall respond within fifteen (15) calendar days from the date of

the written petition from the school committee. If the commissioner does not approve of the

alternatives to meet regulations or the waivers from regulations which are sought by the school

committee, or if the commissioner does not approve of the modified expenditure plan submitted

by the school committee, then: (1) within ten (10) days of receiving the commissioner's response,

the school committee may submit a written request to the city or town council for the council of

the municipality to decide whether to increase the appropriation for schools to meet expenditures.

The decision to increase any appropriations shall be conducted pursuant to the local charter or the

public law controlling the approval of appropriations within the municipality; or (2) in a regional

school district, the chairperson of the school committee may, within ten (10) days of receiving the

commissioner's response, submit a written request to the chief elected official of each of the

municipalities to request that the city or town council in each of their respective towns meet to

decide whether or not to increase the appropriation for schools to meet expenditures. The decision

to increase any appropriations shall be conducted pursuant to the local charter or the public law

controlling the approval of appropriations within the municipality.

      (b) In the event of a negative vote by the appropriating authority, the school committee

shall have the right to seek additional appropriations by bringing an action in the superior court

for the county of Providence and shall be required to demonstrate that the school committee lacks

the ability to adequately run the schools for that school year with a balanced budget within the

previously authorized appropriation or in accordance with sections 16-2-21, 16-2-23, 16-7-23,

and 16-7-24. In no event shall any court order obtained by the school committee have force and

effect for any period longer than the fiscal year for which the litigation is brought. Any action

filed pursuant to this section shall be set down for a hearing at the earliest possible time and shall

be given precedence over all matters except older matters of the same character. The court shall

render its decision within thirty (30) days of the close of the hearings. Upon the bringing of an

action in the superior court by the school committee to increase appropriations, the chief

executive officer of the municipality, or in the case of a regional school district the chief elected

officials from each of the member municipalities, shall cause to have a financial and program

performance audit in compliance with the generally acceptable governmental auditing standards

of the school department conducted by the auditor general, the bureau of audits, or a certified

public accounting firm qualified in program performance audits. The results of the audit shall be

made public upon completion and paid for by the school committee to the state or private

certified public accounting firm.

(c) The auditor general shall select the auditor if the audit is not directly performed by

his or her office.

     SECTION 2. This act shall take effect upon passage.

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LC00918/SUB A

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