§ 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 § 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 § 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 § 16-2-9, shall be required to petition the commissioner, in writing, to seek alternatives
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§ 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 § 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 § 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 § 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 §§ 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 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 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.