2010 -- H 7135

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LC00391

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2010

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A N A C T

RELATING TO EDUCATION - CARULO ACT

     Introduced By: Representatives Serpa, and Mattiello

     Date Introduced: January 19, 2010

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-2-21.4 of the General Laws in Chapter 16-2 entitled "School

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Committees and Superintendents" is hereby repealed.

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     16-2-21.4. School budgets -- Compliance with certain requirements. -- (a)

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Notwithstanding any provision of the general or public laws to the contrary, whenever a city,

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town, or regional school committee determines that its budget is insufficient to comply with the

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provisions of section 16-2-21, 16-7-23, or 16-7-24, the city, town, or regional school committee

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shall adhere to the appropriated budget or the provisions of section 16-2-23 in the absence of an

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appropriated budget. The chairperson of the city, town, or regional school committee, in

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accordance with the provisions of section 16-2-9, shall be required to petition the commissioner,

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in writing, to seek alternatives for the district to comply with state regulations and/or provide

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waivers to state regulations and, in particular, those which are more restrictive than federal

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regulations that allow the school committee to operate with a balanced budget. Waivers which

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affect the health and safety of students and staff or which violate the provisions of chapter 24 of

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this title shall not be granted. The commissioner must consider alternatives for districts to comply

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with regulations and/or provide waivers to regulations in order that the school committee may

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operate with a balanced budget within the previously authorized appropriation. In the petition to

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the commissioner, the school committee shall be required to identify the alternatives to meet

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regulations and/or identify the waivers it seeks in order to provide the commissioner with the

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revised budget which allows it to have a balanced budget within the previously authorized

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appropriation. The commissioner shall respond within fifteen (15) calendar days from the date of

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the written petition from the school committee. If the commissioner does not approve of the

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alternatives to meet regulations or the waivers from regulations which are sought by the school

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committee, or if the commissioner does not approve of the modified expenditure plan submitted

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by the school committee, then: (1) within ten (10) days of receiving the commissioner's response,

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the school committee may submit a written request to the city or town council for the council of

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the municipality to decide whether to increase the appropriation for schools to meet expenditures.

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The decision to increase any appropriations shall be conducted pursuant to the local charter or the

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public law controlling the approval of appropriations within the municipality; or (2) in a regional

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school district, the chairperson of the school committee may, within ten (10) days of receiving the

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commissioner's response, submit a written request to the chief elected official of each of the

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municipalities to request that the city or town council in each of their respective towns meet to

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decide whether or not to increase the appropriation for schools to meet expenditures. The decision

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to increase any appropriations shall be conducted pursuant to the local charter or the public law

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controlling the approval of appropriations within the municipality.

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      (b) In the event of a negative vote by the appropriating authority, the school committee

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shall have the right to seek additional appropriations by bringing an action in the superior court

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for the county of Providence and shall be required to demonstrate that the school committee lacks

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the ability to adequately run the schools for that school year with a balanced budget within the

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previously authorized appropriation or in accordance with sections 16-2-21, 16-2-23, 16-7-23,

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and 16-7-24. In no event shall any court order obtained by the school committee have force and

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effect for any period longer than the fiscal year for which the litigation is brought. Any action

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filed pursuant to this section shall be set down for a hearing at the earliest possible time and shall

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be given precedence over all matters except older matters of the same character. The court shall

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render its decision within thirty (30) days of the close of the hearings. Upon the bringing of an

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action in the superior court by the school committee to increase appropriations, the chief

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executive officer of the municipality, or in the case of a regional school district the chief elected

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officials from each of the member municipalities, shall cause to have a financial and performance

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audit in compliance with the generally acceptable governmental auditing standards of the school

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department conducted by the auditor general, the bureau of audits, or a certified public accounting

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firm qualified in performance audits. The results of the audit shall be made public upon

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completion and paid for by the school committee to the state or private certified public

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accounting firm.

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      (c) The auditor general shall select the auditor if the audit is not directly performed by

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his or her office.

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     SECTION 2. This act shall take effect upon passage.

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LC00391

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - CARULO ACT

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     This act would repeal the Carulo Act.

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     This act would take effect upon passage.

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LC00391

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