§ 16-2-21.4 - School budgets – Compliance with certain requirements. - Rhode Island Statutes

SECTION 16-2-21.4

   § 16-2-21.4  School budgets –Compliance with certain requirements. – (a) Notwithstanding any provision of the general or public laws to thecontrary, whenever a city, town, or regional school committee determines thatits budget is insufficient to comply with the provisions of § 16-2-21,16-7-23, or 16-7-24, the city, town, or regional school committee shall adhereto the appropriated budget or the provisions of § 16-2-23 in the absenceof an appropriated budget. The chairperson of the city, town, or regionalschool committee, in accordance with the provisions of § 16-2-9, shall berequired to petition the commissioner, in writing, to seek alternatives for thedistrict to comply with state regulations and/or provide waivers to stateregulations and, in particular, those which are more restrictive than federalregulations that allow the school committee to operate with a balanced budget.Waivers which affect the health and safety of students and staff or whichviolate the provisions of chapter 24 of this title shall not be granted. Thecommissioner must consider alternatives for districts to comply withregulations and/or provide waivers to regulations in order that the schoolcommittee may operate with a balanced budget within the previously authorizedappropriation. In the petition to the commissioner, the school committee shallbe required to identify the alternatives to meet regulations and/or identifythe waivers it seeks in order to provide the commissioner with the revisedbudget which allows it to have a balanced budget within the previouslyauthorized 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 orthe waivers from regulations which are sought by the school committee, or ifthe commissioner does not approve of the modified expenditure plan submitted bythe school committee, then: (1) within ten (10) days of receiving thecommissioner's response, the school committee may submit a written request tothe city or town council for the council of the municipality to decide whetherto increase the appropriation for schools to meet expenditures. The decision toincrease any appropriations shall be conducted pursuant to the local charter orthe public law controlling the approval of appropriations within themunicipality; or (2)  in a regional school district, the chairpersonof the school committee may, within ten (10) days of receiving thecommissioner's response, submit a written request to the chief elected officialof each of the municipalities to request that the city or town council in eachof their respective towns meet to decide whether or not to increase theappropriation for schools to meet expenditures. The decision to increase anyappropriations shall be conducted pursuant to the local charter or the publiclaw controlling the approval of appropriations within the municipality.

   (b) In the event of a negative vote by the appropriatingauthority, the school committee shall have the right to seek additionalappropriations by bringing an action in the superior court for the county ofProvidence and shall be required to demonstrate that the school committee lacksthe ability to adequately run the schools for that school year with a balancedbudget within the previously authorized appropriation or in accordance with§§ 16-2-21, 16-2-23, 16-7-23, and 16-7-24. In no event shall anycourt order obtained by the school committee have force and effect for anyperiod longer than the fiscal year for which the litigation is brought. Anyaction filed pursuant to this section shall be set down for a hearing at theearliest possible time and shall be given precedence over all matters exceptolder matters of the same character. The court shall render its decision withinthirty (30) days of the close of the hearings. Upon the bringing of an actionin the superior court by the school committee to increase appropriations, thechief executive officer of the municipality, or in the case of a regionalschool district the chief elected officials from each of the membermunicipalities, shall cause to have a financial and performance audit incompliance with the generally acceptable governmental auditing standards of theschool department conducted by the auditor general, the bureau of audits, or acertified public accounting firm qualified in performance audits. The resultsof the audit shall be made public upon completion and paid for by the schoolcommittee to the state or private certified public accounting firm.

   (c) The auditor general shall select the auditor if the auditis not directly performed by his or her office.