Effective: September 29, 2011
Latest Legislation: House Bill 153 - 129th General Assembly
During a school district's fiscal emergency period, the auditor of state shall determine annually, or at any other time upon request of the financial planning and supervision commission, whether the school district will incur an operating deficit. If the auditor of state determines that a school district will incur an operating deficit, the auditor of state shall certify that determination to the superintendent of public instruction, the financial planning and supervision commission, and the board of education of the school district. Upon receiving the auditor of state's certification, the commission shall adopt a resolution requesting that the board of education work with the county auditor or tax commissioner to estimate the amount and rate of a tax levy that is needed under section 5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised Code to produce a positive fund balance not later than the fifth year of the five-year forecast submitted under section 5705.391 of the Revised Code.
The board of education shall recommend to the commission whether the board supports or opposes a tax levy under section 5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised Code and shall provide supporting documentation to the commission of its recommendation.
After considering the board of education's recommendation and supporting documentation, the commission shall adopt a resolution to either submit a ballot question proposing a tax levy or not to submit such a question.
Except as otherwise provided in this division, the tax shall be levied in the manner prescribed for a tax levied under section 5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the Revised Code. If the commission decides that a tax should be levied, the tax shall be levied for the purpose of paying current operating expenses of the school district. The rate of a property tax levied under section 5705.194, 5709.199, 5705.21, or 5748.09 of the Revised Code shall be determined by the county auditor, and the rate of an income tax levied under section 5748.02, 5748.08, or 5748.09 of the Revised Code shall be determined by the tax commissioner, upon the request of the commission. The commission, in consultation with the board of education, shall determine the election at which the question of the tax shall appear on the ballot, and the commission shall submit a copy of its resolution to the board of elections not later than ninety days prior to the day of that election. The board of elections conducting the election shall certify the results of the election to the board of education and to the financial planning and supervision commission.
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.