Ohio Revised Code Search
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Section 3315.41 | Board may create trust for investment of money in education foundation fund.
...A board of education may create a trust for investment of money in the education foundation fund created pursuant to section 3315.40 of the Revised Code. The instrument creating such a trust shall do all of following: (A) Appoint a nonprofit foundation that is exempt from income tax under section 501(a) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501(a), as amended, and that is described in se... |
Section 3315.42 | Inapplicability to certain school districts.
...Sections 3315.40 and 3315.41 of the Revised Code do not apply to either of the following: (A) A school district that has received funds for a project under Chapter 3318. of the Revised Code, so long as the purchase price to be paid by the board for the state's interest in the project has not been paid; (B) A school district that has an outstanding loan under section 3313.483 of the Revised Code. |
Section 3316.01 | Fiscal watch - fiscal emergency definitions.
...As used in this chapter: (A) "Fiscal watch" means the existence of a fiscal watch declared under division (A) of section 3316.03 of the Revised Code. (B) "Fiscal emergency" means the existence of a fiscal emergency declared under division (B) of section 3316.03 of the Revised Code. (C) "Fiscal emergency period" means the period of time commencing on the day when the auditor of state declares that a school district... |
Section 3316.02 | Solvency assistance fund - shared resource account - catastrophic expenditures account.
...lutions of the school district board of education, consistent with this chapter. Any provisions of Chapters 133. and 5705. of the Revised Code and the resolutions of the school district may be utilized in the issuance of debt obligations. However, provisions of this chapter prevail over provisions of Chapters 133. and 5705. of the Revised Code and the resolutions of the school district to the extent of any conflict o... |
Section 3316.03 | Auditor of state to declare fiscal watch or fiscal emergency.
... filed by the governor, the director of education and workforce, or a majority of the members of the board of education of the school district. (1) The auditor of state shall declare a school district to be in a state of fiscal watch if the auditor of state determines that both of the following conditions are satisfied with respect to the school district: (a) An operating deficit has been certified for the curr... |
Section 3316.031 | Identifying unsafe fiscal practices and budgetary conditions.
...ard to provide written proposals for discontinuing or correcting the fiscal practices or budgetary conditions that prompted the declaration and for preventing the district from experiencing further fiscal difficulties that could result in the district being declared to be in a state of fiscal watch or fiscal emergency. (D) The director, or a designee, may visit and inspect any district that is declared to be under... |
Section 3316.04 | Submitting financial plan after declaration of watch.
...16.03 of the Revised Code, the board of education of the school district shall prepare and submit to the director of education and workforce 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 o... |
Section 3316.041 | Restructuring or refinancing loans.
...ject to the approval of the director of education and workforce, a school district that is in a state of fiscal watch declared under section 3316.03 of the Revised Code may restructure or refinance loans obtained or in the process of being obtained under section 3313.483 of the Revised Code if all of the following requirements are met: (1) The operating deficit certified for the school district for the current or ... |
Section 3316.042 | Performance audits of school district.
... in consultation with the department of education and workforce, may conduct a performance audit of a school district in fiscal distress, including districts employing fiscal practices or experiencing budgetary conditions that could produce a state of fiscal watch or fiscal emergency, as determined by the auditor of state. The cost of a performance audit conducted under this section shall be paid by the auditor of... |
Section 3316.043 | Revision of five-year projection to conform to financial plan.
...Upon the approval by the director of education and workforce of an initial financial plan under section 3316.04 of the Revised Code or a financial recovery plan under section 3316.06 of the Revised Code, the board of education of the school district for which the plan was approved shall revise the district's five-year projection of revenues and expenditures in accordance with rules adopted under section 5705.391 of t... |
Section 3316.05 | Financial planning and supervision commission.
...ee of the director, and the director of education and workforce, or a designee of the director. A designee, when present, shall be counted in determining whether a quorum is present at any meeting of the commission and may vote and participate in all proceedings and actions of the commission. The designations shall be in writing, executed by the member making the designation, and filed with the secretary of the commi... |
Section 3316.06 | Commission to adopt financial recovery plan.
...cessary in order to maintain or improve educational opportunities of pupils in the school district, the plan may include a proposal to restructure or refinance outstanding debt obligations incurred by the board under section 3313.483 of the Revised Code contingent upon the approval, during the period of the fiscal emergency, by district voters of a tax levied under section 718.09, 718.10, 5705.194, 5705.21, 5748.02, ... |
Section 3316.061 | Dissolution of commission for failure to comply and appointment of fiscal arbitrator.
...sion fails to submit to the director of education and workforce under section 3316.06 of the Revised Code a financial recovery plan that is acceptable to the director of education and workforce, or if the director of education and workforce and the director of budget and management find that a commission is not materially complying with the provisions of its financial recovery plan, the directors may jointly dissolve... |
Section 3316.07 | Commission - powers, duties and functions.
...ive preference to those employees with continuing contracts or non-probationary status and who have greater seniority. If revenues and expenditures cannot be balanced by reasonable reductions in administrative and nonteaching employees, the commission may also make reasonable reductions in the number of teaching contracts. If the commission finds it necessary to suspend teaching contracts, it shall suspend the... |
Section 3316.08 | Annual determination of operating deficit - tax levy proposal.
...y that determination to the director of education and workforce, 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 secti... |
Section 3316.09 | Expenses of commission and members of commission to be paid.
...(A) The members of a school district financial planning and supervision commission shall serve without compensation, but shall be paid by the commission their necessary and actual expenses incurred while engaged in the business of the commission. (B) Any expense or obligation incurred by a commission under this chapter shall be payable solely from appropriations made by the general assembly. |
Section 3316.10 | School district board to develop financial accounting and reporting system.
...supervision commission and the board of education of the school district. (B) Modifying and supplementing the system of financial accounting and reporting to record and report its fiscal activities on an accurate, current, and continuous basis in order to facilitate the effective management of the affairs of the school district, and to assist in refining and improving the restructuring plan and amendments of it, fac... |
Section 3316.11 | Board, officers and employees to provide commission with fiscal information.
...on by providing to the commission, on a continuing basis, all fiscal information requested, ordered, or needed by the commission to formulate judgments regarding revenue and expenditure estimates, the financial recovery plan or any modification of it, the monitoring of the implementation of the plan, and consideration of any amendments of the financial recovery plan. All information and reports by the school district... |
Section 3316.12 | Effect of financial recovery plan.
...propriations of moneys for existing and continuing programs at current levels. The estimate of revenues for any month shall separately state and designate as conditional those revenues that are conditioned upon the future issuance of debt obligations, transfers of funds, advances from funds, payments or reimbursements from the sale of debt obligations, sale of capital assets of the school district, increases in or im... |
Section 3316.13 | Duty to act pursuant to certification, notification, order or request of commission.
...ate, or to the school district board of education or county budget commission and cause the same to be mailed or delivered to appropriate officials as designated by this chapter or, where not so designated, as it considers appropriate. Any such certification, notification, order, or request, including preparation and submission of a financial recovery plan in accordance therewith and with this chapter, shall be effec... |
Section 3316.14 | Prior approval of commission required for debt obligation.
...(A) No debt obligation, including any debt incurred pursuant to section 3313.483 of the Revised Code, may be issued or incurred by the school district, whether purchased by the school district or by others, except with the prior approval of the school district financial planning and supervision commission. (B) The commission shall disapprove the issuance of debt obligations upon a determination that, in its judgment... |
Section 3316.16 | Criteria for termination of commission.
...(A) A school district financial planning and supervision commission, with respect to its functions under this chapter, shall continue in existence until such time as a determination is made under division (B) of this section that all of the following have occurred: (1) An effective financial accounting and reporting system in accordance with section 3316.10 of the Revised Code is in the process of being imple... |
Section 3316.17 | Commission may remove superintendent or treasurer of school district.
...A financial planning and supervision commission may remove the superintendent or the treasurer of a school district for failing to comply with the commission's orders concerning the preparation or implementation of the financial recovery plan. |
Section 3316.18 | Severability.
... of state, upon request of the board of education of the school district, determines in writing that none of the fiscal emergency conditions determined to exist pursuant to division (B) of section 3316.03 of the Revised Code continues to exist. (3) Divisions (B)(1) and (2) of this section apply only to acts of the school district occurring after a court has determined such illegality or invalidity and any act of the... |
Section 3316.19 | Prohibited acts during fiscal emergency.
...(A) During a fiscal emergency period for a school district, no school board member, officer, or employee of the school district shall do any of the following: (1) Knowingly enter into any contract, financial obligation, or other liability of the school district involving an expenditure, or make any expenditure in excess of the amount permitted by the commission pursuant to this chapter; (2) Knowingly enter into any... |