(a)The Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that contain evidence that the county office of education is demonstrating fiscal distress according to the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention
based on the most common indicators of school agencies needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. If those findings are made, the Superintendent shall investigate the financial condition of the county office of education and determine if the county office of education may be unable to meet its f
Free access — add to your briefcase to read the full text and ask questions with AI
(a)
The Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that contain evidence that the county office of education is demonstrating fiscal distress according to the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention
based on the most common indicators of school agencies needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. If those findings are made, the Superintendent shall investigate the financial condition of the county office of education and determine if the county office of education may be unable to meet its financial obligations for the current or two subsequent fiscal years, or should receive a qualified or negative interim financial certification pursuant to Section 1240.
(b)
If at any time during the fiscal year the Superintendent determines that the county office of education may be unable to meet its financial obligations for the current or two subsequent fiscal years, or if the county office has a qualified or negative certification pursuant to Section 1240, the Superintendent shall
provide a written notice of going concern determination to the county board of education and the county superintendent of schools and the basis for the determination. The notification shall include the assumptions used in making the determination and shall be available to the public. The Superintendent shall take all actions that are necessary, including at least one of the following, to ensure that the county office of education meets its financial obligations:
(1)
Assign a fiscal expert, paid for by the Superintendent, to advise the county office of education on its financial problems.
(2)
Conduct a study of the financial and budgetary conditions of the
county office of
education that includes, but is not limited to, a review of the county office of education’s internal controls. If in the course of this review, the Superintendent determines that their office requires analytical assistance or expertise that is not available through the county office, the Superintendent may employ, at the county office of education’s expense, on a short-term basis, staff, including certified public accountants, to provide the assistance and expertise.
(3)
Direct the county office of education to submit a financial projection of all fund and cash balances of the county office of education as of June 30 of the current year and subsequent fiscal years as the Superintendent requires.
(4)
Require the county office of education to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly
or quarterly budget revisions, and to appropriately record all receivables and payables.
(5)
Direct the county office of education to submit a proposal for addressing the fiscal conditions that resulted in the determination that the county office of education may not be able to meet its financial obligations.
(6)
Withhold compensation of the county board of education and the county superintendent of schools for failure to provide requested financial information.
(c)
If, after taking the actions identified in subdivision (a), the Superintendent determines that a county office of education will be unable to meet its financial obligations for the current or subsequent fiscal
year or if a county office of education experiences a significant fiscal event that is determined by the Superintendent to have an immediate severe fiscal impact that will cause a county office of education to be unable to meet its financial obligations for the current or subsequent fiscal year, the Superintendent shall notify the county board of education, the county superintendent of
schools, and the president of the state board, or the president’s designee, in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination and shall be available to the public.
(d)
If the Superintendent makes a determination specified in subdivision (c) or if the county office of education has a negative certification
pursuant to Section 1240, the
Superintendent shall make a report to the president of the state board, or the president’s designee, about the financial condition of the county office of education and remedial actions proposed by the Superintendent and shall take all actions that are necessary to ensure that the county office of education meets its financial obligations,
including at least one of the following actions:
(1)
Develop and impose, in consultation with the county board of education and the county superintendent, a budget revision that will enable the county office of education to meet its financial obligations in the current fiscal year.
(2)
Stay or rescind
all actions determined to be inconsistent with the ability of the county office of education to meet its obligations for the current or subsequent fiscal year, including all actions up to the point that the subsequent year’s budget is approved by the Superintendent. The Superintendent shall inform the county board of education and the county superintendent of schools in writing of the Superintendent’s justification for
all exercises of authority under this paragraph.
(3)
Assist in developing, in consultation with the county board of education and the county superintendent of schools, a multiyear financial recovery plan that will enable the county office of education to meet its future obligations.
(4)
Assist in developing, in consultation with the county board of education and the county superintendent, a budget for the subsequent fiscal year. If necessary, the Superintendent shall continue to work with the county board of education and the county superintendent until the budget for the subsequent year is adopted by the county board of education and approved by the Superintendent.
(5)
As necessary, appoint a
fiscal adviser to perform one or more of the duties prescribed by this subdivision on behalf of the Superintendent.
(e)
All actions taken by the Superintendent pursuant to paragraph (1) or (2) of subdivision (d) shall be accompanied by a notification that includes the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for the actions. That notification shall be available to the public.
(f)
This section does not
authorize the Superintendent to abrogate a provision of a collective bargaining agreement that was entered into by a county office of education before the date
that the Superintendent assumed authority pursuant to subdivision (d).
(g)
The county office of education shall pay 75 percent of, and the Superintendent shall pay 25 percent of, the administrative expenses incurred pursuant to subdivision (d) or costs associated with improving the county office of education’s financial management practices.
(h)
Notwithstanding any other law, a county treasurer shall not honor a warrant when the Superintendent, as
appropriate, has disapproved that warrant, or has disapproved the order on county office of education funds for which a warrant was prepared.
(i)
For all purposes of errors and liability insurance policies, a fiscal expert appointed pursuant to this section shall be deemed to be an employee of the county office of education. The Superintendent may require that the fiscal adviser be placed on the county office of education payroll for purposes of remuneration, benefits, and payroll deductions.
(j)
If staff persons are hired pursuant to paragraph (2) of subdivision (b), the Superintendent may certify to the Controller an amount to be transferred to the department, from the funds that otherwise would be apportioned to the county office of education pursuant to Section 2574 or 2575, for the purpose of paying all costs incurred by that staff in performing their respective services. The
Controller, upon receipt of that certification, shall transfer that amount.
(k)
To facilitate the appointment of a county office of education fiscal officer and the employment of additional staff pursuant to paragraphs (1) and (2), respectively, of subdivision (b), for purposes of those paragraphs, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.