Effective: September 28, 2012
Latest Legislation: House Bill 509 - 129th General Assembly
(A) Within sixty days of the auditor's declaration under division (A) of section 3316.03 of the Revised Code, the board of education of the school district shall prepare and submit to the superintendent of public instruction a financial plan delineating the steps the board will take to eliminate the district's current operating deficit and avoid incurring operating deficits in ensuing years, including the implementation of spending reductions. The financial plan also shall evaluate the feasibility of entering into shared services agreements with other political subdivisions for the joint exercise of any power, performance of any function, or rendering of any service, if so authorized by statute. The superintendent of public instruction shall evaluate the initial financial plan, and either approve or disapprove it within thirty calendar days from the date of its submission. If the initial financial plan is disapproved, the state superintendent shall recommend modifications that will render the financial plan acceptable. No school district board shall implement a financial plan submitted to the superintendent of public instruction under this section unless the superintendent has approved the plan.
(B) Upon request of the board of education of a school district declared to be in a state of fiscal watch, the auditor of state and superintendent of public instruction shall provide technical assistance to the board in resolving the fiscal problems that gave rise to the declaration, including assistance in drafting the board's financial plan.
(C) A financial plan adopted under this section may be amended at any time with the approval of the superintendent. The board of education of the school district shall submit an updated financial plan to the superintendent, for the superintendent's approval, every year that the district is in a state of fiscal watch. The updated plan shall be submitted in a form acceptable to the superintendent. The superintendent shall approve or disapprove each updated plan no later than the anniversary of the date on which the first such plan was approved.
(D) A school district that has restructured or refinanced a loan under section 3316.041 of the Revised Code shall be declared to be in a state of fiscal emergency if any of the following occurs:
(1) An operating deficit is certified for the district under section 3313.483 of the Revised Code for any year prior to the repayment of the restructured or refinanced loan;
(2) The superintendent determines, in consultation with the auditor of state, that the school district is not satisfactorily complying with the terms of the financial plan required by this section;
(3) The board of education of the school district fails to submit an updated plan that is acceptable to the superintendent under division (C) of this section.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3316 | Fiscal Watches, Emergencies
Section 3316.01 | Fiscal Watch - Fiscal Emergency Definitions.
Section 3316.03 | Auditor of State to Declare Fiscal Watch or Fiscal Emergency.
Section 3316.031 | Identifying Unsafe Fiscal Practices and Budgetary Conditions.
Section 3316.04 | Submitting Financial Plan After Declaration of Watch.
Section 3316.041 | Restructuring or Refinancing Loans.
Section 3316.042 | Performance Audits of School District.
Section 3316.043 | Revision of Five-Year Projection to Conform to Financial Plan.
Section 3316.05 | Financial Planning and Supervision Commission.
Section 3316.06 | Commission to Adopt Financial Recovery Plan.
Section 3316.07 | Commission - Powers, Duties and Functions.
Section 3316.08 | Annual Determination of Operating Deficit - Tax Levy Proposal.
Section 3316.09 | Expenses of Commission and Members of Commission to Be Paid.
Section 3316.10 | School District Board to Develop Financial Accounting and Reporting System.
Section 3316.11 | Board, Officers and Employees to Provide Commission With Fiscal Information.
Section 3316.12 | Effect of Financial Recovery Plan.
Section 3316.14 | Prior Approval of Commission Required for Debt Obligation.
Section 3316.16 | Criteria for Termination of Commission.
Section 3316.17 | Commission May Remove Superintendent or Treasurer of School District.
Section 3316.18 | Severability.