As Reported by the Senate Finance and Financial            2            

                     Institutions Committee                        2            

123rd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 345  6            

      1999-2000                                                    7            


               SENATORS GARDNER-CUPP-HOTTINGER-RAY                 9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 3315.17, 3315.18, 3316.03,          13           

                3316.04, 3316.06, 3316.20, 5705.13, 5705.29, and   14           

                5705.38 and to enact sections 3316.031 and                      

                3316.061 of the Revised Code to address certain    15           

                school district mandates and to establish                       

                additional procedures for avoiding fiscal          16           

                problems in school districts.                      17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 3315.17, 3315.18, 3316.03,         20           

3316.04, 3316.06, 3316.20, 5705.13, 5705.29, and 5705.38 be        21           

amended and sections 3316.031 and 3316.061 of the Revised Code be  22           

enacted to read as follows:                                                     

      Sec. 3315.17.  (A)  The board of education of each city,     32           

exempted village, local, and joint vocational school district      33           

shall establish a textbook and instructional materials fund and.   34           

EACH BOARD ANNUALLY shall deposit into that fund four per cent,    36           

or another percentage if established in rules adopted under        37           

division (C) of this section, of all AN AMOUNT DERIVED FROM        38           

revenues received by the district for operating expenses THAT IS   41           

EQUAL TO THREE PER CENT OF THE FORMULA AMOUNT FOR THE CURRENT      42           

FISCAL YEAR, AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE,                 

OR ANOTHER PERCENTAGE IF ESTABLISHED BY THE AUDITOR OF STATE       43           

UNDER DIVISION (C) OF THIS SECTION, MULTIPLIED BY THE DISTRICT'S   45           

STUDENT POPULATION FOR THAT FISCAL YEAR.  Money in the fund shall  46           

be used solely for textbooks, instructional software, and          47           

                                                          2      


                                                                 
instructional materials, supplies, and equipment.  Any money in    48           

the fund that is not used in any fiscal year shall carry forward   49           

to the next fiscal year.                                           50           

      (B)  Notwithstanding division (A) of this section, if in a   52           

fiscal year a district board deposits in the textbook and          54           

instructional materials fund an amount of money greater than the   55           

amount required to be deposited by this section or the rules       56           

adopted under division (C) of this section, the board may deduct   57           

the excess amount of money from the amount of money required to    58           

be deposited in succeeding fiscal years.                           59           

      (C)  The state superintendent of public instruction and the  62           

auditor of state jointly shall adopt rules in accordance with      63           

Chapter 119. of the Revised Code defining what constitutes         65           

textbooks, instructional software, and instructional materials,    66           

supplies, and equipment for which money in a school district's     67           

textbook and instructional materials fund may be used.  The        68           

jointly adopted rules AUDITOR OF STATE also may designate a        69           

percentage, other than four THREE per cent, of district operating  71           

revenues THE FORMULA AMOUNT MULTIPLIED BY THE DISTRICT'S STUDENT   72           

POPULATION that must be deposited into the fund.  The auditor of   74           

state shall adopt rules under section 117.20 of the Revised Code   76           

authorizing up to a three-year phase-in period for district        77           

boards to meet the percentage requirements of division (A) of      78           

this section, and specifying the manner in which district boards   79           

may deduct from a required deposit an excess amount deposited      80           

into the textbook and instructional materials fund in a prior      81           

fiscal year.                                                                    

      (D)  Notwithstanding division (A) of this section, a         84           

district board of education in any fiscal year may appropriate     85           

money in the district textbook and instructional materials fund    86           

for purposes other than those permitted by that division if both   87           

of the following occur during that fiscal year:                    88           

      (1)  All of the following certify to the district board in   90           

writing that the district has sufficient textbooks, instructional  91           

                                                          3      


                                                                 
software, and instructional materials, supplies, and equipment to  93           

ensure a thorough and efficient education within the district:     94           

      (a)  The district superintendent;                            96           

      (b)  In districts required to have a business advisory       98           

council, a person designated by vote of the business advisory      99           

council;                                                                        

      (c)  If the district teachers are represented by an          101          

exclusive bargaining representative for purposes of Chapter 4117.  103          

of the Revised Code, the president of that organization or the     106          

president's designee.                                                           

      (2)  The district board adopts, by unanimous vote of all     108          

members of the board, a resolution stating that the district has   109          

sufficient textbooks, instructional software, and instructional    110          

materials, supplies, and equipment to ensure a thorough and        111          

efficient education within the district.                           112          

      (E)  Notwithstanding any provision to the contrary in        114          

Chapter 4117. of the Revised Code, the requirements of this        115          

section prevail over any conflicting provisions of agreements      117          

between employee organizations and public employers entered into   118          

on or after November 21, 1997.                                     119          

      (F)  AS USED IN THIS SECTION AND IN SECTION 3315.18 OF THE   121          

REVISED CODE, "STUDENT POPULATION" MEANS THE FULL-TIME-EQUIVALENT  123          

NUMBER OF STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE           124          

RECEIVING ANY EDUCATIONAL SERVICES FROM THE SCHOOL DISTRICT,       125          

EXCLUDING STUDENTS ENROLLED IN ADULT EDUCATION CLASSES, BUT        127          

INCLUDING ALL OF THE FOLLOWING:                                                 

      (1)  ADJACENT OR OTHER DISTRICT STUDENTS ENROLLED IN THE     129          

DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT TO SECTION       130          

3313.98 OF THE REVISED CODE;                                       131          

      (2)  STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT    133          

TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT  134          

WHO ARE ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO  135          

SECTION 3313.64 OR 3313.65 OF THE REVISED CODE;                    136          

      (3)  STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO        138          

                                                          4      


                                                                 
SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE.                139          

      Sec. 3315.18.  (A)  The board of education of each city,     148          

exempted village, local, and joint vocational school district      149          

shall establish a capital and maintenance fund and.  EACH BOARD    151          

ANNUALLY shall deposit into that fund four per cent, or another    152          

percentage if established in rules adopted under division (B) of   153          

this section, of all AN AMOUNT DERIVED FROM revenues received by   154          

the district that would otherwise have been deposited in the       156          

general fund THAT IS EQUAL TO THREE PER CENT OF THE FORMULA        157          

AMOUNT FOR THE CURRENT FISCAL YEAR, AS DEFINED IN SECTION 3317.02  158          

OF THE REVISED CODE, OR ANOTHER PERCENTAGE IF ESTABLISHED BY THE   159          

AUDITOR OF STATE UNDER DIVISION (B) OF THIS SECTION MULTIPLIED BY  160          

THE DISTRICT'S STUDENT POPULATION FOR THAT FISCAL YEAR, except     162          

that money received from a permanent improvement levy authorized   163          

by section 5705.21 of the Revised Code may replace general         164          

revenue moneys in meeting the requirements of this section.        165          

Money in the fund shall be used solely for acquisition,            166          

replacement, enhancement, maintenance, or repair of permanent      167          

improvements, as that term is defined in section 5705.01 of the    168          

Revised Code.  Any money in the fund that is not used in any       169          

fiscal year shall carry forward to the next fiscal year.           170          

      (B)  The state superintendent of public instruction and the  173          

auditor of state jointly shall adopt rules in accordance with      174          

Chapter 119. of the Revised Code defining what constitutes                      

expenditures permitted by division (A) of this section and.  THE   176          

AUDITOR OF STATE may designate a percentage, other than four       177          

THREE per cent, of district operating revenues THE FORMULA AMOUNT  179          

MULTIPLIED BY THE DISTRICT'S STUDENT POPULATION that must be       180          

deposited into the fund.  The auditor of state shall adopt rules   181          

under section 117.20 of the Revised Code authorizing up to a       183          

three-year phase-in period for district boards to meet the                      

percentage requirements of division (A) of this section.           185          

      (C)  Notwithstanding any provision to the contrary in        187          

Chapter 4117. of the Revised Code, the requirements of this        188          

                                                          5      


                                                                 
section prevail over any conflicting provisions of agreements      189          

between employee organizations and public employers entered into   190          

after the effective date of this section NOVEMBER 21, 1997.        191          

      Sec. 3316.03.  (A)  The existence of a fiscal watch shall    201          

be determined DECLARED by the auditor of state.  The auditor of    203          

state may make the A determination on the auditor of state's       204          

initiative, or upon receipt of a written request for such a        205          

determination, which may be filed by the governor, the             206          

superintendent of public instruction, or a majority of the         207          

members of the board of education of the school district.  The     209          

auditor of state shall declare a school district to be in a state  210          

of fiscal watch if the auditor of state determines that division   211          

(A)(1), (2), or (3) of this section applies to the school          212          

district:                                                                       

      (1)  All BOTH of the following conditions are satisfied      214          

with respect to the school district:                               216          

      (a)  An operating deficit has been certified for the         218          

current fiscal year by the auditor of state, and the certified     219          

operating deficit exceeds eight TWO per cent of the school         220          

district's general fund revenue for the preceding fiscal year,     222          

UNLESS THE AUDITOR OF STATE, IN CONSULTATION WITH THE                           

SUPERINTENDENT OF PUBLIC INSTRUCTION, FINDS THAT THERE IS          223          

REASONABLE CAUSE FOR THE DEFICIT BUT IN NO CASE MAY THE AUDITOR    224          

OF STATE EXCUSE ANY DEFICIT OF FIVE PER CENT OR GREATER;           225          

      (b)  The unencumbered cash balance in the school district's  228          

general fund at the close of the preceding fiscal year, less any   229          

advances of property taxes, was less than eight per cent of the    230          

expenditures made from the general fund for the preceding fiscal   232          

year;                                                                           

      (c)  A majority of the voting electors have not voted in     234          

favor of levying a tax under section 5705.194 or 5705.21 or        236          

Chapter 5748. of the Revised Code that the auditor of state        237          

expects will raise enough additional revenue in the next           238          

succeeding fiscal year that divisions DIVISION (A)(1)(a) and (b)   239          

                                                          6      


                                                                 
of this section will not apply to the district in such next        240          

succeeding fiscal year.                                                         

      (2)  The school district has outstanding securities issued   242          

under division (A)(4) of section 3316.06 of the Revised Code, and  243          

its financial planning and supervision commission has been         245          

terminated under section 3316.16 of the Revised Code.              246          

      (3)  The school district has received an advancement under   248          

section 3316.20 of the Revised Code. BOTH OF THE FOLLOWING         249          

CONDITIONS ARE SATISFIED:                                          250          

      (a)  THE SUPERINTENDENT OF PUBLIC INSTRUCTION HAS DECLARED   252          

THE DISTRICT UNDER SECTION 3316.031 OF THE REVISED CODE TO BE      253          

UNDER A FISCAL CAUTION, HAS FOUND THAT THE DISTRICT HAS NOT OR     254          

WILL NOT COMPLY WITH THE RECOMMENDATIONS THE SUPERINTENDENT        255          

PROVIDED UNDER THAT SECTION, AND HAS NOTIFIED THE AUDITOR OF       256          

STATE TO DECLARE A STATE OF FISCAL WATCH FOR THE DISTRICT.                      

      (b)  THE AUDITOR OF STATE DETERMINES THAT THE DECISION OF    259          

THE SUPERINTENDENT IS NOT ARBITRARY OR CAPRICIOUS.                              

      (B)  The auditor of state, after consulting with the         261          

superintendent of public instruction, shall issue an order         262          

declaring a school district to be in a state of fiscal emergency   264          

if the auditor of state determines that division (B)(1), (2),      265          

(3), or (4), OR (5) of this section applies to the school          266          

district:                                                                       

      (1)  All BOTH of the following conditions are satisfied      268          

with respect to the school district:                               270          

      (a)  The board of education of the school district is not    272          

able to demonstrate, to the auditor of state's satisfaction, the   273          

district's ability to repay outstanding loans received pursuant    274          

to section 3313.483 of the Revised Code or to repay securities     275          

issued pursuant to section 133.301 of the Revised Code in          276          

accordance with applicable repayment schedules unless the board    277          

requests additional loans under section 133.301 of the Revised     279          

Code in an aggregate principal amount exceeding fifty per cent of  280          

the sum of the following:                                          281          

                                                          7      


                                                                 
      (i)  The aggregate original principal amount of loans        284          

received in the preceding fiscal year under section 3313.483 of    285          

the Revised Code;                                                               

      (ii)  The aggregate amount borrowed by the district under    287          

section 133.301 of the Revised Code, excluding any additional      289          

amount borrowed as authorized under division (C) of that section.  290          

      (b)  An operating deficit has been certified for the         292          

current fiscal year by the auditor of state, and the certified     293          

operating deficit exceeds fifteen FIVE per cent of the school      294          

district's general fund revenue for the preceding fiscal year,     295          

UNLESS THE AUDITOR OF STATE, IN CONSULTATION WITH THE              296          

SUPERINTENDENT OF PUBLIC INSTRUCTION FINDS THAT THERE IS           297          

REASONABLE CAUSE FOR THE DEFICIT BUT IN NO CASE MAY THE AUDITOR    298          

OF STATE EXCUSE ANY DEFICIT OF EIGHT PER CENT OR GREATER.  In      300          

determining the amount of an operating deficit under division                   

(B)(1)(b) of this section, the auditor of state shall credit       302          

toward the amount of that deficit only the amount that may be      303          

borrowed from the spending reserve balance as determined under     304          

section 133.301 and division (F) of section 5705.29 of the         305          

Revised Code.                                                                   

      (c)(b)  A majority of the voting electors have not voted in  307          

favor of levying a tax under section 5705.194 or 5705.21 or        309          

Chapter 5748. of the Revised Code that the auditor of state        310          

expects will raise enough additional revenue in the next           311          

succeeding fiscal year that divisions DIVISION (A)(B)(1)(a) and    312          

(b) of this section will not apply to the district in such next    313          

succeeding fiscal year.                                                         

      (d)  The school district is one that, at the time of the     315          

auditor of state's determination under this section, had a total   317          

student count of more than ten thousand students as most recently  318          

determined by the department of education pursuant to section      320          

3317.03 of the Revised Code.                                       321          

      (2)  The school district board fails, pursuant to section    324          

3316.04 of the Revised Code, to submit a plan acceptable to the    325          

                                                          8      


                                                                 
state superintendent of public instruction within one hundred      326          

twenty days of the auditor of state's declaration under division   327          

(A) of this section;                                               328          

      (3)  BOTH OF THE FOLLOWING CONDITIONS ARE SATISFIED:         331          

      (a)  THE SUPERINTENDENT OF PUBLIC INSTRUCTION HAS            333          

DETERMINED AND REPORTED TO THE AUDITOR OF STATE THAT THE DISTRICT  335          

HAS NOT SUBMITTED UNDER SECTION 3316.04 OF THE REVISED CODE A      336          

FINANCIAL PLAN THAT IS ACCEPTABLE TO THE SUPERINTENDENT OR IS NOT  337          

MATERIALLY COMPLYING WITH THE PROVISIONS OF THE PLAN AS APPROVED   338          

BY THE STATE SUPERINTENDENT UNDER THAT SECTION.                    339          

      (b)  THE AUDITOR OF STATE FINDS THAT THE DETERMINATION OF    342          

THE SUPERINTENDENT IS NOT ARBITRARY OR CAPRICIOUS.                 343          

      (4)  A declaration of fiscal emergency is required by        346          

division (D) of section 3316.04 of the Revised Code;               347          

      (4)(5)  The school district has received more than one       349          

advancement SOLVENCY ASSISTANCE THAT REQUIRES REPAYMENT under      350          

DIVISION (A)(4) OF section 3316.20 of the Revised Code within a    352          

two-year period, or has received only one such advancement but     353          

also has an operating deficit as described in division (B)(1)(b)   354          

of this section.                                                                

      (C)  In making the determinations under this section, the    356          

auditor of state may use financial reports required under section  357          

117.43 of the Revised Code; tax budgets, certificates of           359          

estimated resources and amendments thereof, annual appropriating   360          

measures and spending plans, and any other documents or            361          

information prepared pursuant to Chapter 5705. of the Revised      362          

Code; and any other documents, records, or information available   363          

to the auditor of state that indicate the conditions described in  364          

divisions (A) and (B) of this section.                                          

      (D)  The auditor of state shall certify the action taken     366          

under division (A) or (B) of this section to the board of          367          

education of the school district, the director of budget and       368          

management, the mayor or county auditor who could be required to   369          

act pursuant to division (B)(1) of section 3316.05 of the Revised               

                                                          9      


                                                                 
Code, and to the superintendent of public instruction.             370          

      (E)  A determination by the auditor of state under this      372          

section that a fiscal emergency condition does not exist is final  373          

and conclusive and not appealable.  A determination by the         374          

auditor of state under this section that a fiscal emergency        375          

exists is final, except that the board of education of the school  376          

district affected by such a determination may appeal the                        

determination of the existence of a fiscal emergency condition to  377          

the court of appeals having territorial jurisdiction over the      378          

school district.  The appeal shall be heard expeditiously by the   379          

court of appeals and for good cause shown shall take precedence    380          

over all other civil matters except earlier matters of the same    381          

character.  Notice of such appeal must be filed with the auditor                

of state and such court within thirty days after certification by  382          

the auditor of state to the board of education of the school       383          

district provided for in division (D) of this section.  In such    384          

appeal, determinations of the auditor of state shall be presumed   385          

to be valid and the board of education shall have the burden of    386          

proving, by clear and convincing evidence, that each of the        387          

determinations made by the auditor of state as to the existence                 

of a fiscal emergency condition under this section was in error.   388          

If the board of education fails, upon presentation of its case,    389          

to prove by clear and convincing evidence that each such           390          

determination by the auditor of state was in error, the court      391          

shall dismiss the appeal.  The board of education and the auditor  392          

of state may introduce any evidence relevant to the existence or                

nonexistence of such fiscal emergency conditions.  The pendency    393          

of any such appeal shall not affect or impede the operations of    394          

this chapter; no restraining order, temporary injunction, or       395          

other similar restraint upon actions consistent with this chapter  396          

shall be imposed by the court or any court pending determination   397          

of such appeal; and all things may be done under this chapter      398          

that may be done regardless of the pendency of any such appeal.                 

Any action taken or contract executed pursuant to this chapter     399          

                                                          10     


                                                                 
during the pendency of such appeal is valid and enforceable among  400          

all parties, notwithstanding the decision in such appeal.  If the  401          

court of appeals reverses the determination of the existence of a  402          

fiscal emergency condition by the auditor of state, the            403          

determination no longer has any effect, and any procedures         404          

undertaken as a result of the determination shall be terminated.   405          

      Sec. 3316.031.  THE STATE SUPERINTENDENT OF PUBLIC           407          

INSTRUCTION, IN CONSULTATION WITH THE AUDITOR OF STATE, SHALL      408          

DEVELOP GUIDELINES FOR IDENTIFYING FISCAL PRACTICES AND BUDGETARY  409          

CONDITIONS THAT, IF UNCORRECTED, COULD RESULT IN A FUTURE          411          

DECLARATION OF A FISCAL WATCH OR FISCAL EMERGENCY WITHIN A SCHOOL  412          

DISTRICT.                                                                       

      IF THE STATE SUPERINTENDENT DETERMINES FROM A SCHOOL         414          

DISTRICT'S FIVE YEAR FORECAST SUBMITTED UNDER SECTION 5705.391 OF  415          

THE REVISED CODE THAT A DISTRICT IS ENGAGING IN ANY OF THOSE       416          

PRACTICES OR THAT ANY OF THOSE CONDITIONS EXIST WITHIN THE         417          

DISTRICT, THE STATE SUPERINTENDENT MAY DECLARE THE DISTRICT TO BE  418          

UNDER A FISCAL CAUTION.  IF THE AUDITOR OF STATE FINDS THAT A      419          

DISTRICT IS ENGAGING IN ANY OF THOSE PRACTICES OR THAT ANY OF      420          

THOSE CONDITIONS EXIST WITHIN THE DISTRICT, THE AUDITOR OF STATE   421          

SHALL REPORT THAT FINDING TO THE STATE SUPERINTENDENT AND THE      422          

STATE SUPERINTENDENT MAY DECLARE THE DISTRICT TO BE UNDER A        423          

FISCAL CAUTION.                                                                 

      WHEN THE STATE SUPERINTENDENT DECLARES A DISTRICT TO BE      425          

UNDER FISCAL CAUTION, THE STATE SUPERINTENDENT SHALL PROMPTLY      426          

NOTIFY THE DISTRICT BOARD OF EDUCATION OF THAT DECLARATION AND     427          

SHALL PROVIDE THE BOARD WITH WRITTEN RECOMMENDATIONS FOR           428          

DISCONTINUING OR CORRECTING THE FISCAL PRACTICES OR BUDGETARY      429          

CONDITIONS THAT PROMPTED THE DECLARATION AND FOR PREVENTING THE    430          

DISTRICT FROM EXPERIENCING FURTHER FISCAL DIFFICULTIES THAT COULD  431          

RESULT IN THE DISTRICT BEING DECLARED TO BE IN A STATE OF FISCAL   432          

WATCH OR FISCAL EMERGENCY.                                                      

      THE STATE SUPERINTENDENT MAY APPOINT A MONITOR TO INSPECT    434          

AND VISIT ANY DISTRICT THAT IS DECLARED TO BE UNDER A FISCAL       435          

                                                          11     


                                                                 
CAUTION.  THE MONITOR SHALL REVIEW THE RECOMMENDATIONS PROVIDED    436          

TO THE DISTRICT BOARD TO DISCONTINUE OR CORRECT THE FISCAL         437          

PRACTICES OR BUDGETARY CONDITIONS, SHALL PROVIDE ASSISTANCE TO     438          

THE BOARD IN COMPLYING WITH THE RECOMMENDATIONS, SHALL MONITOR     439          

THE DISTRICT'S PROGRESS IN COMPLYING WITH THE RECOMMENDATIONS,     440          

AND SHALL REPORT THE DISTRICT'S PROGRESS TO THE STATE              441          

SUPERINTENDENT.                                                                 

      IF THE STATE SUPERINTENDENT FINDS THAT A SCHOOL DISTRICT     443          

DECLARED TO BE UNDER A FISCAL CAUTION HAS NOT OR WILL NOT COMPLY   444          

WITH THE STATE SUPERINTENDENT'S RECOMMENDATIONS FOR DISCONTINUING  445          

OR CORRECTING THE FISCAL PRACTICES OR BUDGETARY CONDITIONS, AND    446          

IF THE STATE SUPERINTENDENT CONSIDERS IT NECESSARY TO AVOID        447          

FURTHER FISCAL DECLINE, THE STATE SUPERINTENDENT MAY DETERMINE     449          

THAT THE DISTRICT SHOULD BE IN A STATE OF FISCAL WATCH.  THE       450          

AUDITOR OF STATE SHALL DECLARE THE DISTRICT IN A STATE OF FISCAL   451          

WATCH UNLESS THE AUDITOR FINDS THE SUPERINTENDENT'S DETERMINATION  452          

TO BE ARBITRARY AND CAPRICIOUS.                                                 

      Sec. 3316.04.  (A)  Within sixty days of the auditor's       461          

declaration under division (A) of section 3316.03 of the Revised   463          

Code, the board of education of the school district shall prepare  464          

and submit to the superintendent of public instruction a           465          

financial plan delineating the steps the board will take to                     

eliminate the district's current operating deficit and avoid       466          

incurring operating deficits in ensuing years, including the       467          

implementation of spending reductions.  The superintendent of      468          

public instruction shall evaluate the initial financial plan, and  469          

either approve or disapprove it within thirty calendar days from   470          

the date of its submission.  If the initial financial plan is      471          

disapproved, the state superintendent shall recommend                           

modifications that will render the financial plan acceptable.  No  472          

school district board shall implement a financial plan submitted   473          

to the superintendent of public instruction under this section     474          

unless the superintendent has approved the plan.                   475          

      IF A DISTRICT FAILS TO SUBMIT A FINANCIAL PLAN UNDER THIS    477          

                                                          12     


                                                                 
SECTION THAT IS ACCEPTABLE TO THE STATE SUPERINTENDENT OR IF THE   478          

STATE SUPERINTENDENT FINDS THAT THE DISTRICT IS NOT MATERIALLY     479          

COMPLYING WITH THE PROVISIONS OF THE PLAN AS APPROVED BY THE       480          

STATE SUPERINTENDENT, AND IF THE STATE SUPERINTENDENT CONSIDERS    481          

IT APPROPRIATE, THE STATE SUPERINTENDENT MAY DETERMINE THAT THE    483          

DISTRICT SHOULD BE DECLARED TO BE IN A STATE OF FISCAL EMERGENCY.  484          

THE AUDITOR OF STATE SHALL DECLARE THE DISTRICT IN A STATE OF                   

FISCAL EMERGENCY UNLESS THE AUDITOR FINDS THE SUPERINTENDENT'S     485          

DECISION TO BE ARBITRARY AND CAPRICIOUS.                           486          

      (B)  Upon request of the board of education of a school      488          

district declared to be in a state of fiscal watch, the auditor    490          

of state and superintendent of public instruction shall provide    491          

technical assistance to the board in resolving the fiscal          492          

problems that gave rise to the declaration, including assistance                

in drafting the board's financial plan.                            493          

      (C)  A financial plan adopted under this section may be      495          

amended at any time with the approval of the superintendent.  The  497          

board of education of the school district shall submit an updated  498          

financial plan to the superintendent, for the superintendent's     499          

approval, every year that the district is in a state of fiscal     500          

watch.  The updated plan shall be submitted in a form acceptable   501          

to the superintendent.  The superintendent shall approve or                     

disapprove each updated plan no later than the anniversary of the  502          

date on which the first such plan was approved.                    504          

      (D)  A school district that has restructured or refinanced   507          

a loan under section 3316.041 of the Revised Code shall be         509          

declared to be in a state of fiscal emergency if any of the        510          

following occurs:                                                  511          

      (1)  An operating deficit is certified for the district      513          

under section 3313.483 of the Revised Code for any year prior to   516          

the repayment of the restructured or refinanced loan;              517          

      (2)  The superintendent determines, in consultation with     520          

the auditor of state, that the school district is not                           

satisfactorily complying with the terms of the financial plan      521          

                                                          13     


                                                                 
required by this section;                                          522          

      (3)  The board of education of the school district fails to  525          

submit an updated plan that is acceptable to the superintendent    526          

under division (C) of this section.                                527          

      Sec. 3316.06.  (A)  Within one hundred twenty days after     536          

the first meeting of a school district financial planning and      537          

supervision commission, the commission shall adopt a financial     538          

recovery plan regarding the school district for which the          539          

commission was created.  During the formulation of the plan, the   540          

commission shall seek appropriate input from the school district   541          

board and from the community.  This plan shall contain the                      

following:                                                                      

      (1)  Actions to be taken to:                                 543          

      (a)  Eliminate all fiscal emergency conditions declared to   546          

exist pursuant to division (B) of section 3316.03 of the Revised                

Code;                                                                           

      (b)  Satisfy any judgments, past-due accounts payable, and   548          

all past-due and payable payroll and fringe benefits;              549          

      (c)  Eliminate the deficits in all deficit funds;            551          

      (d)  Restore to special funds any moneys from such funds     553          

that were used for purposes not within the purposes of such        555          

funds, or borrowed from such funds by the purchase of debt         556          

obligations of the school district with the moneys of such funds,  557          

or missing from the special funds and not accounted for, if any;   558          

      (e)  Balance the budget, avoid future deficits in any        560          

funds, and maintain on a current basis payments of payroll,        561          

fringe benefits, and all accounts;                                 562          

      (f)  Avoid any fiscal emergency condition in the future;     564          

      (g)  Restore the ability of the school district to market    566          

long-term general obligation bonds under provisions of law         567          

applicable to school districts generally.                          568          

      (2)  The management structure that will enable the school    570          

district to take the actions enumerated in division (A)(1) of      571          

this section.  The plan shall specify the level of fiscal and      572          

                                                          14     


                                                                 
management control that the commission will exercise within the    573          

school district during the period of fiscal emergency, and shall   574          

enumerate respectively, the powers and duties of the commission    575          

and the powers and duties of the school board during that period.  576          

The commission may elect to assume any of the powers and duties                 

of the school board it considers necessary, including all powers   577          

related to personnel, curriculum, and legal issues in order to     578          

successfully implement the actions described in division (A)(1)    579          

of this section.                                                                

      (3)  The target dates for the commencement, progress upon,   582          

and completion of the actions enumerated in division (A)(1) of     583          

this section and a reasonable period of time expected to be        584          

required to implement the plan.  The commission shall prepare a                 

reasonable time schedule for progress toward and achievement of    586          

the requirements for the plan, and the plan shall be consistent    587          

with that time schedule.                                                        

      (4)  The amount and purpose of any issue of debt             589          

obligations that will be issued, together with assurances that     590          

any such debt obligations that will be issued will not exceed      591          

debt limits supported by appropriate certifications by the fiscal  592          

officer of the school district and the county auditor.  Debt       593          

obligations issued pursuant to section 133.301 of the Revised      594          

Code shall include assurances that such debt shall be in an        595          

amount not to exceed the amount certified under division (B) of    596          

such section.  If the commission considers it necessary in order   599          

to maintain or improve educational opportunities of pupils in the  600          

school district, the plan may include a proposal to restructure                 

or refinance outstanding debt obligations incurred by the board    601          

under section 3313.483 of the Revised Code contingent upon the     603          

approval, during the period of the fiscal emergency, by district                

voters of a tax levied under section 718.09, 718.10, 5705.194,     604          

5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a    606          

renewal or replacement levy and that will provide new operating    607          

revenue.  Notwithstanding any provision of Chapter 133. or         609          

                                                          15     


                                                                 
sections 3313.483 to 3313.4811 of the Revised Code, following the  610          

required approval of the district voters and with the approval of  611          

the commission, the school district may issue securities to        612          

evidence the restructuring or refinancing.  Those securities may   613          

extend the original period for repayment, not to exceed ten        614          

years, and may alter the frequency and amount of repayments,       616          

interest or other financing charges, and other terms of            617          

agreements under which the debt originally was contracted, at the  618          

discretion of the commission, provided that any loans received     619          

pursuant to section 3313.483 of the Revised Code shall be paid     620          

from funds the district would otherwise receive under sections                  

3317.022 to 3317.025 of the Revised Code, as required under        621          

division (E)(3) of section 3313.483 of the Revised Code.  The      622          

securities issued for the purpose of restructuring or refinancing  623          

the debt shall be repaid in equal payments and at equal intervals  624          

over the term of the debt and are not eligible to be included in   625          

any subsequent proposal for the purpose of restructuring or                     

refinancing debt under this section.                               626          

      (B)  Any financial recovery plan may be amended subsequent   628          

to its adoption.  Each financial recovery plan shall be updated    629          

annually.                                                                       

      (C)  EACH SCHOOL DISTRICT FINANCIAL PLANNING AND             631          

SUPERVISION COMMISSION SHALL SUBMIT THE FINANCIAL RECOVERY PLAN    632          

IT ADOPTS OR UPDATES UNDER THIS SECTION TO THE STATE               633          

SUPERINTENDENT OF PUBLIC INSTRUCTION FOR APPROVAL IMMEDIATELY      634          

FOLLOWING ITS ADOPTION OR UPDATING.  THE STATE SUPERINTENDENT      635          

SHALL EVALUATE THE PLAN AND EITHER APPROVE OR DISAPPROVE IT        636          

WITHIN THIRTY CALENDAR DAYS FROM THE DATE OF ITS SUBMISSION.  IF   637          

THE PLAN IS DISAPPROVED, THE STATE SUPERINTENDENT SHALL RECOMMEND  638          

MODIFICATIONS THAT WILL RENDER IT ACCEPTABLE.  NO FINANCIAL        639          

PLANNING AND SUPERVISION COMMISSION SHALL IMPLEMENT A FINANCIAL    640          

RECOVERY PLAN THAT IS ADOPTED OR UPDATED ON OR AFTER THE           641          

EFFECTIVE DATE OF THIS AMENDMENT UNLESS THE STATE SUPERINTENDENT   642          

HAS APPROVED IT.                                                   643          

                                                          16     


                                                                 
      Sec. 3316.061.  IF ANY SCHOOL DISTRICT FINANCIAL PLANNING    645          

AND SUPERVISION COMMISSION FAILS TO SUBMIT TO THE STATE            646          

SUPERINTENDENT OF PUBLIC INSTRUCTION UNDER SECTION 3316.06 OF THE  647          

REVISED CODE A FINANCIAL RECOVERY PLAN THAT IS ACCEPTABLE TO THE   649          

STATE SUPERINTENDENT OR IF THE STATE SUPERINTENDENT AND THE        650          

AUDITOR OF STATE FIND THAT A COMMISSION IS NOT MATERIALLY          652          

COMPLYING WITH THE PROVISIONS OF ITS FINANCIAL RECOVERY PLAN, THE  653          

STATE SUPERINTENDENT AND THE AUDITOR OF STATE MAY JOINTLY          655          

DISSOLVE THE FINANCIAL PLANNING AND SUPERVISION COMMISSION AND     656          

JOINTLY APPOINT AN INDIVIDUAL TO ACT AS THE FISCAL ARBITRATOR OF   657          

THE DISTRICT.                                                                   

      WHEN A FINANCIAL PLANNING AND SUPERVISION COMMISSION IS      660          

DISSOLVED UNDER THIS SECTION, THE COMMISSION CEASES TO EXIST AND   661          

THE APPOINTED FISCAL ARBITRATOR BECOMES THE SUCCESSOR TO THE       662          

COMMISSION.  A FISCAL ARBITRATOR APPOINTED UNDER THIS SECTION HAS  663          

ALL OF THE RIGHTS, POWERS, AND DUTIES GIVEN BY THIS CHAPTER TO     664          

THE COMMISSION THAT THE ARBITRATOR SUCCEEDS.  A REFERENCE IN ANY   665          

STATUTE, RULE, CONTRACT, OR OTHER DOCUMENT TO A SCHOOL DISTRICT    666          

FINANCIAL PLANNING AND SUPERVISION COMMISSION IS DEEMED TO REFER   667          

TO A FISCAL ARBITRATOR APPOINTED UNDER THIS SECTION.               668          

      BUSINESS COMMENCED BUT NOT COMPLETED BY A COMMISSION WHEN    670          

IT IS DISSOLVED UNDER THIS SECTION SHALL BE COMPLETED BY THE       671          

APPOINTED FISCAL ARBITRATOR WITH THE SAME EFFECT AS IF COMPLETED   672          

BY THE COMMISSION.  NO VALIDATION, CURE, RIGHT, PRIVILEGE,         673          

REMEDY, OBLIGATION, OR LIABILITY IS LOST OR IMPAIRED BY REASON OF  674          

THE DISSOLUTION OF THE COMMISSION AND APPOINTMENT OF A FISCAL      675          

ARBITRATOR, BUT SHALL BE ADMINISTERED BY THE ARBITRATOR.           676          

      Sec. 3316.20.  (A)(1)  The school district solvency          685          

assistance fund is hereby created in the state treasury, to        686          

consist of such amounts designated for the purposes of the fund    687          

by the general assembly.  The fund shall be used to make           688          

advancements PROVIDE ASSISTANCE AND GRANTS to school districts to  689          

enable them to remain solvent and to pay unforseeable expenses of  691          

a temporary or emergency nature that they are unable to pay from   692          

                                                          17     


                                                                 
existing resources.                                                             

      Advancements SOLVENCY ASSISTANCE AND GRANTS shall be made    694          

from the fund by the superintendent of public instruction in       697          

accordance with rules jointly adopted by the superintendent and                 

the auditor of state specifying advancement approval criteria and  698          

procedures necessary for administering the fund.                   700          

      (2)  THERE IS HEREBY CREATED WITHIN THE FUND AN ACCOUNT      702          

KNOWN AS THE SCHOOL DISTRICT SHARED RESOURCE ACCOUNT, WHICH SHALL  703          

CONSIST OF MONEY APPROPRIATED TO IT BY THE GENERAL ASSEMBLY.  THE  704          

MONEY IN THE ACCOUNT SHALL BE USED SOLELY FOR SOLVENCY ASSISTANCE  705          

TO SCHOOL DISTRICTS.                                               706          

      (3)  THERE IS HEREBY CREATED WITHIN THE FUND AN ACCOUNT      708          

KNOWN AS THE CATASTROPHIC EXPENDITURES ACCOUNT, WHICH SHALL        709          

CONSIST OF MONEY APPROPRIATED TO THE ACCOUNT BY THE GENERAL        710          

ASSEMBLY PLUS ALL INVESTMENT EARNINGS OF THE FUND.  MONEY IN THE   711          

ACCOUNT SHALL BE USED SOLELY FOR SOLVENCY ASSISTANCE TO SCHOOL     712          

DISTRICTS IN THE EVENT THAT ALL MONEY IN THE SHARED RESOURCE       713          

ACCOUNT IS UTILIZED FOR SOLVENCY ASSISTANCE OR FOR GRANTS TO       714          

SCHOOL DISTRICTS UNDER DIVISION (B) OF THIS SECTION.               715          

      (4)  The fund shall be reimbursed for any SOLVENCY           717          

ASSISTANCE amounts advanced PAID UNDER DIVISION (A)(2) OR (3) OF   718          

THIS SECTION not later than the end of the second fiscal year      721          

following the fiscal year in which the advancement SOLVENCY        722          

ASSISTANCE PAYMENT was made.  If not made directly by the school   725          

district, such reimbursement shall be made by the director of                   

budget and management from the amounts the school district would   727          

otherwise receive pursuant to sections 3317.022 to 3317.025 of     728          

the Revised Code, or from any other funds appropriated for the     730          

district by the general assembly.  REIMBURSEMENTS SHALL BE         731          

CREDITED TO THE RESPECTIVE ACCOUNT FROM WHICH THE SOLVENCY         732          

ASSISTANCE PAID TO THE DISTRICT WAS DEDUCTED.                                   

      (B)  THE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE        734          

DIRECTOR OF BUDGET AND MANAGEMENT, WITH THE APPROVAL OF THE        735          

CONTROLLING BOARD, JOINTLY MAY GRANT MONEY FROM THE CATASTROPHIC   736          

                                                          18     


                                                                 
EXPENDITURES ACCOUNT TO ANY SCHOOL DISTRICT THAT SUFFERS AN        737          

UNPLANNED CATASTROPHIC EVENT THAT SEVERELY DEPLETES THE            738          

DISTRICT'S FINANCIAL RESOURCES AS DETERMINED BY THE                739          

SUPERINTENDENT AND DIRECTOR.  A SCHOOL DISTRICT SHALL NOT BE       740          

REQUIRED TO REPAY ANY GRANT AWARDED TO THE DISTRICT UNDER THIS     741          

DIVISION UNLESS THE DISTRICT RECEIVES MONEY FROM A THIRD PARTY,    742          

INCLUDING AN AGENCY OF THE GOVERNMENT OF THE UNITED STATES,        743          

SPECIFICALLY FOR THE PURPOSE OF COMPENSATING THE DISTRICT FOR      744          

EXPENSES INCURRED AS A RESULT OF THE UNPLANNED CATASTROPHIC        745          

EVENT.                                                                          

      Sec. 5705.13.  (A)  Except as otherwise provided for a       754          

board of education under division (H) of section 5705.29 of the    755          

Revised Code, a A taxing authority of a subdivision, by            757          

resolution or ordinance, may establish a reserve balance account   759          

to accumulate currently available resources for any of the         760          

following purposes:                                                             

      (1)  To stabilize subdivision budgets against cyclical       762          

changes in revenues and expenditures;                              763          

      (2)  Except as otherwise provided by this section, to        765          

provide for the payment of claims under a self-insurance program   766          

for the subdivision, if the subdivision is permitted by law to     767          

establish such a program;                                                       

      (3)  To provide for the payment of claims under a            769          

retrospective ratings plan for workers' compensation.              770          

      The ordinance or resolution establishing a reserve balance   772          

account shall state the purpose for which the reserve balance      773          

account is established, the fund in which the account is to be     774          

established, and the total amount of money to be reserved in the   775          

account.                                                                        

      A subdivision that participates in a risk-sharing pool, by   777          

which governments pool risks and funds and share in the costs of   778          

losses, shall not establish a reserve balance account to provide   779          

self-insurance for the subdivision.                                780          

      A taxing authority of a subdivision shall not have more      782          

                                                          19     


                                                                 
than three reserve balance accounts at any time.  Not more than    784          

one reserve balance account may be established for each of the     785          

purposes permitted under this section.  Money to the credit of a   786          

reserve balance account may be expended only for the purpose for   787          

which the account was established.                                              

      A reserve balance account established for the purpose        789          

described in division (A)(1) of this section shall be established  790          

in the general fund of the subdivision, and the amount of money    791          

to be reserved in that account in any fiscal year shall not        792          

exceed five per cent of the general fund revenue for the           793          

preceding fiscal year.  Subject to division (G) of section         794          

5705.29 of the Revised Code, any reserve balance in an account     795          

established under division (A)(1) of this section shall not be     796          

considered part of the unencumbered balance or revenue of the      797          

subdivision under division (A) of section 5705.35 or division      798          

(A)(1) of section 5705.36 of the Revised Code.                     799          

      At any time, a taxing authority of a subdivision, by         801          

resolution or ordinance, may reduce or eliminate the reserve       803          

balance in a reserve balance account established for the purpose   804          

described in division (A)(1) of this section.                      805          

      A reserve balance account established for the purpose        807          

described in division (A)(2) or (3) of this section shall be       808          

established in the general fund of the subdivision or by the       810          

establishment of a separate internal service fund established to   811          

account for the operation of the self-insurance or retrospective   812          

ratings plan program, and shall be based on sound actuarial        813          

principles.  The total amount of money in a reserve balance        814          

account for self-insurance may be expressed in dollars or as the   815          

amount determined to represent an adequate reserve according to    816          

sound actuarial principles.                                        817          

      A taxing authority of a subdivision, by resolution or        819          

ordinance, may rescind a reserve balance account established       820          

under this division.  If a reserve balance account is rescinded,   821          

money that has accumulated in the account shall be transferred to  822          

                                                          20     


                                                                 
the fund or funds from which the money originally was              823          

transferred.                                                                    

      (B)  A taxing authority of a subdivision, by resolution or   825          

ordinance, may establish a special revenue fund for the purpose    826          

of accumulating resources for the payment of accumulated sick      827          

leave and vacation leave, and for payments in lieu of taking       828          

compensatory time off, upon the termination of employment or the   829          

retirement of officers and employees of the subdivision.  The      830          

special revenue fund may also accumulate resources for payment of  831          

salaries during any fiscal year when the number of pay periods                  

exceeds the usual and customary number of pay periods.             832          

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the      833          

Revised Code, the taxing authority, by resolution or ordinance,    834          

may transfer money to the special revenue fund from any other      836          

fund of the subdivision from which such payments may lawfully be   837          

made.  The taxing authority, by resolution or ordinance, may       838          

rescind a special revenue fund established under this division.                 

If a special revenue fund is rescinded, money that has             839          

accumulated in the fund shall be transferred to the fund or funds  840          

from which the money originally was transferred.                   841          

      (C)  A taxing authority of a subdivision, by resolution or   843          

ordinance, may establish a capital projects fund for the purpose   844          

of accumulating resources for the acquisition, construction, or    845          

improvement of fixed assets of the subdivision.  For the purposes  846          

of this section, "fixed assets" includes motor vehicles.  More     847          

than one capital projects fund may be established and may exist    848          

at any time.  The ordinance or resolution shall identify the       849          

source of the money to be used to acquire, construct, or improve                

the fixed assets identified in the resolution or ordinance, the    850          

amount of money to be accumulated for that purpose, the period of  851          

time over which that amount is to be accumulated, and the fixed    852          

assets that the taxing authority intends to acquire, construct,    853          

or improve with the money to be accumulated in the fund.           854          

      A taxing authority of a subdivision shall not accumulate     856          

                                                          21     


                                                                 
money in a capital projects fund for more than five years after    858          

the resolution or ordinance establishing the fund is adopted.  If  859          

the subdivision has not entered into a contract for the            860          

acquisition, construction, or improvement of fixed assets for      861          

which money was accumulated in such a fund before the end of that  862          

five-year period, the fiscal officer of the subdivision shall      863          

transfer all money in the fund to the fund or funds from which                  

that money originally was transferred or the fund that originally  864          

was intended to receive the money.                                 865          

      A taxing authority of a subdivision, by resolution or        867          

ordinance, may rescind a capital projects fund.  If a capital      869          

projects fund is rescinded, money that has accumulated in the      870          

fund shall be transferred to the fund or funds from which the      871          

money originally was transferred.                                               

      Notwithstanding sections 5705.14, 5705.15, and 5705.16 of    873          

the Revised Code, the taxing authority of a subdivision, by        874          

resolution or ordinance, may transfer money to the capital         876          

projects fund from any other fund of the subdivision that may                   

lawfully be used for the purpose of acquiring, constructing, or    878          

improving the fixed assets identified in the resolution or         879          

ordinance.                                                                      

      Sec. 5705.29.  The tax budget shall present the following    888          

information in such detail as is prescribed by the auditor of      889          

state, unless an alternative form of the budget is permitted       890          

under section 5705.281 of the Revised Code:                        891          

      (A)(1)  A statement of the necessary current operating       893          

expenses for the ensuing fiscal year for each department and       894          

division of the subdivision, classified as to personal services    895          

and other expenses, and the fund from which such expenditures are  896          

to be made.  Except in the case of a school district, this         897          

estimate may include a contingent expense not designated for any   898          

particular purpose, and not to exceed three per cent of the total  899          

amount of appropriations for current expenses.  In the case of a   900          

school district, this estimate may include a contingent expense    901          

                                                          22     


                                                                 
not designated for any particular purpose and not to exceed        902          

thirteen per cent of the total amount of appropriations for        903          

current expenses.                                                  904          

      (2)  A statement of the expenditures for the ensuing fiscal  906          

year necessary for permanent improvements, exclusive of any        907          

expense to be paid from bond issues, classified as to the          908          

improvements contemplated by the subdivision and the fund from     909          

which such expenditures are to be made;                            910          

      (3)  The amounts required for the payment of final           912          

judgments;                                                         913          

      (4)  A statement of expenditures for the ensuing fiscal      915          

year necessary for any purpose for which a special levy is         916          

authorized, and the fund from which such expenditures are to be    917          

made;                                                              918          

      (5)  Comparative statements, so far as possible, in          920          

parallel columns of corresponding items of expenditures for the    921          

current fiscal year and the two preceding fiscal years.            922          

      (B)(1)  An estimate of receipts from other sources than the  924          

general property tax during the ensuing fiscal year, which shall   925          

include an estimate of unencumbered balances at the end of the     926          

current fiscal year, and the funds to which such estimated         927          

receipts are credited;                                             928          

      (2)  The amount each fund requires from the general          930          

property tax, which shall be the difference between the            931          

contemplated expenditure from the fund and the estimated           932          

receipts, as provided in this section.  The section of the         933          

Revised Code under which the tax is authorized shall be set        934          

forth.                                                             935          

      (3)  Comparative statements, so far as possible, in          937          

parallel columns of taxes and other revenues for the current       938          

fiscal year and the two preceding fiscal years.                    939          

      (C)(1)  The amount required for debt charges;                941          

      (2)  The estimated receipts from sources other than the tax  943          

levy for payment of such debt charges, including the proceeds of   944          

                                                          23     


                                                                 
refunding bonds to be issued to refund bonds maturing in the next  945          

succeeding fiscal year;                                            946          

      (3)  The net amount for which a tax levy shall be made,      948          

classified as to bonds authorized and issued prior to January 1,   949          

1922, and those authorized and issued subsequent to such date,     950          

and as to what portion of the levy will be within and what in      951          

excess of the ten-mill limitation.                                 952          

      (D)  An estimate of amounts from taxes authorized to be      954          

levied in excess of the ten-mill limitation on the tax rate, and   955          

the fund to which such amounts will be credited, together with     956          

the sections of the Revised Code under which each such tax is      957          

exempted from all limitations on the tax rate.                     958          

      (E)(1)  A board of education may include in its budget for   960          

the fiscal year in which a levy proposed under section 5705.194,   961          

5705.21, or 5705.213, or the original levy under section 5705.212  962          

of the Revised Code is first extended on the tax list and          963          

duplicate an estimate of expenditures to be known as a voluntary   964          

contingency reserve balance, which shall not be greater than       965          

twenty-five per cent of the total amount of the levy estimated to  966          

be available for appropriation in such year.                       967          

      (2)  A board of education may include in its budget for the  969          

fiscal year following the year in which a levy proposed under      970          

section 5705.194, 5705.21, or 5705.213, or the original levy       971          

under section 5705.212 of the Revised Code is first extended on    972          

the tax list and duplicate an estimate of expenditures to be       973          

known as a voluntary contingency reserve balance, which shall not  974          

be greater than twenty per cent of the amount of the levy          975          

estimated to be available for appropriation in such year.          976          

      (3)  Except as provided in division (E)(4) of this section,  978          

the full amount of any reserve balance the board includes in its   979          

budget shall be retained by the county auditor and county          980          

treasurer out of the first semiannual settlement of taxes until    981          

the beginning of the next succeeding fiscal year, and thereupon,   982          

with the depository interest apportioned thereto, it shall be      983          

                                                          24     


                                                                 
turned over to the board of education, to be used for the          984          

purposes of such fiscal year.                                      985          

      (4)  A board of education, by a two-thirds vote of all       987          

members of the board, may appropriate any amount withheld as a     988          

voluntary contingency reserve balance during the fiscal year for   989          

any lawful purpose, provided that prior to such appropriation the  990          

board of education has authorized the expenditure of all amounts   991          

appropriated for contingencies under section 5705.40 of the        992          

Revised Code.  Upon request by the board of education, the county  993          

auditor shall draw a warrant on the district's account in the      994          

county treasury payable to the district in the amount requested.   995          

      (F)(1)  A board of education may include a spending reserve  997          

in its budget for fiscal years ending on or before June 30, 2002.  999          

The spending reserve shall consist of an estimate of expenditures  1,000        

not to exceed the district's spending reserve balance.  A          1,001        

district's spending reserve balance is the amount by which the     1,002        

designated percentage of the district's estimated personal         1,003        

property taxes to be settled during the calendar year in which     1,004        

the fiscal year ends exceeds the estimated amount of personal      1,005        

property taxes to be so settled and received by the district       1,006        

during that fiscal year.  Moneys from a spending reserve shall be  1,007        

appropriated in accordance with section 133.301 of the Revised     1,008        

Code.                                                              1,009        

      (2)  For the purposes of computing a school district's       1,011        

spending reserve balance for a fiscal year, the designated         1,012        

percentage shall be as follows:                                    1,013        

    Fiscal year ending in:             Designated percentage       1,016        

             1998                               50%                1,018        

             1999                               40%                1,019        

             2000                               30%                1,020        

             2001                               20%                1,021        

             2002                               10%                1,022        

      (G)  Except as otherwise provided in this division, the      1,025        

county budget commission shall not reduce the taxing authority of  1,026        

                                                          25     


                                                                 
a subdivision as a result of the creation of a reserve balance     1,027        

account.  Except as otherwise provided in this division, the       1,028        

county budget commission shall not consider the amount in a        1,029        

reserve balance account of a township, county, or municipal        1,030        

corporation as an unencumbered balance or as revenue for the       1,031        

purposes of division (E)(3) or (4) of section 5747.51 or division  1,032        

(E)(3) or (4) of section 5747.62 of the Revised Code.  The county  1,033        

budget commission may require documentation of the reasonableness  1,034        

of the reserve balance held in any reserve balance account.  The   1,035        

commission shall consider any amount in a reserve balance account  1,036        

that it determines to be unreasonable as unencumbered and as       1,037        

revenue for the purposes of sections 5747.51 and 5747.62 of the                 

Revised Code and may take such amounts into consideration when     1,039        

determining whether to reduce the taxing authority of a                         

subdivision.                                                                    

      (H)(1)  Each board of education shall include in its tax     1,041        

budget and shall establish a reserve balance account to            1,043        

accumulate currently available resources to stabilize the school                

district's budget against cyclical changes in revenues and         1,044        

expenditures.  The balance in the reserve balance account shall    1,045        

not at any time be less than five per cent of general fund         1,047        

revenues for the most recently concluded fiscal year, except as    1,048        

provided in division (H)(2) or (3) of this section, and except     1,049        

for deficiencies arising from the appropriation of money from the  1,050        

account for unanticipated deficiencies in revenue or other         1,052        

emergencies pursuant to a resolution adopted by two-thirds of the  1,053        

membership of the board of education specifying the reason for     1,054        

the appropriation.  The auditor of state and the superintendent                 

of public instruction jointly shall adopt rules governing          1,055        

conditions that constitute unanticipated deficiencies in revenue   1,056        

or emergencies for which appropriations may be made from a         1,057        

reserve balance account.  The rules also shall provide that a      1,058        

board of education that borrows against its spending reserve       1,060        

established in its tax budget for a fiscal year under division     1,061        

                                                          26     


                                                                 
(F) of this section is not subject to division (H)(2) of this      1,062        

section for that fiscal year.  A board of education shall not      1,063        

appropriate money from a reserve balance account without filing a  1,065        

schedule for replenishing the account with the superintendent of   1,066        

public instruction and receiving approval of the schedule from     1,067        

the superintendent of public instruction.                          1,068        

      (2)(a)  Beginning with the fiscal year ending in 1999 and    1,070        

continuing each fiscal year until the balance in the reserve       1,071        

balance account equals five per cent of the district's revenues    1,073        

received for current expenses for the preceding fiscal year, if    1,074        

the growth in a district's total revenues received for current                  

expenses from one fiscal year to the next is at least three per    1,075        

cent, the board of education shall credit to its reserve balance   1,077        

account, from the general fund or from other sources that may      1,079        

lawfully be credited to the general fund, an amount that, when     1,080        

added to the account balance, is not less than:                    1,081        

      (i)  One per cent of revenues received for current expenses  1,083        

for the prior fiscal year; plus                                    1,084        

      (ii)  The sum of the amounts credited under this section     1,086        

for all fiscal years that amounts were required to be credited     1,087        

under this section.                                                             

      Each board shall maintain the balance in the district's      1,089        

reserve balance account at not less than five per cent of the      1,090        

district's revenues received for current expenses for the          1,091        

preceding fiscal year, except as otherwise authorized under        1,092        

division (H) of this section.                                                   

      (b)  Notwithstanding division (H)(2)(a) of this section, in  1,095        

no year shall a board be required to credit to its reserve         1,096        

balance account more than one per cent of revenues received for                 

current expenses for the prior fiscal year.                        1,097        

      (3)  The balance in the reserve balance account of a school  1,100        

district may be less than five per cent of the general fund        1,101        

revenue for the most recently concluded fiscal year in any fiscal  1,102        

year in which the school district is in a state of fiscal watch    1,103        

                                                          27     


                                                                 
or fiscal emergency pursuant to section 3316.03 of the Revised     1,104        

Code.                                                                           

      (4)  Notwithstanding any provision to the contrary in        1,106        

Chapter 4117. of the Revised Code, the requirements of division    1,107        

(H) of this section prevail over any conflicting provisions of     1,109        

agreements between employee organizations and public employers     1,110        

entered into after November 21, 1997.                              1,111        

      (5)  Notwithstanding division (H)(2) of this section, a      1,113        

school district may, pursuant to rules adopted by the auditor of   1,114        

state, credit less than one per cent of its prior year's revenue   1,115        

received for current expenses into its reserve balance account.    1,116        

      (6)  A school district board may apply to the state          1,118        

superintendent of public instruction for a one-time waiver of the  1,119        

deposit requirements of division (H)(2) of this section when it    1,121        

determines that meeting the requirements in the current or next    1,122        

fiscal year would cause the district to significantly reduce or    1,123        

eliminate important educational services.  The district shall      1,124        

apply in the form and manner required by the state                 1,125        

superintendent, and the application may request a waiver of all    1,126        

or part of the deposit required for the current or next fiscal     1,127        

year.  The state superintendent may grant a waiver if the state    1,128        

superintendent and the auditor of state determine that meeting     1,129        

the requirement in the current or next fiscal year would cause                  

the school district to significantly reduce or eliminate           1,131        

important educational services.  A waiver may entirely exempt the               

district from making any deposit into its reserve balance account  1,133        

during the current or next fiscal year or, regardless of whether   1,134        

the district board applied for a waiver of the entire deposit,     1,135        

may simply reduce the amount of the deposit otherwise required                  

during the current or next fiscal year by division (H)(2) of this  1,136        

section.  A waiver is valid for one fiscal year:  either the       1,137        

fiscal year in which the district board applied for it or the      1,138        

immediately following fiscal year.  A district board may receive   1,139        

only one waiver under division (H)(6) of this section.             1,140        

                                                          28     


                                                                 
      (I)  Notwithstanding division (H)(2) of this section,        1,142        

whenever a city, local, exempted village, or joint vocational      1,143        

school district receives from the bureau of workers' compensation  1,144        

a refund or other reimbursement of money that the district         1,145        

previously paid to the bureau, the district shall deposit the      1,146        

full amount of the refund or other reimbursement into the          1,147        

district's reserve balance account, unless the account already     1,148        

contains five per cent of the district's revenues received for     1,149        

current expenses for the preceding year as prescribed in division  1,150        

(H)(2)(a) of this section.  A district may credit any amount it    1,151        

deposits into that account under this division toward any minimum  1,152        

deposit required for the account in that fiscal year.              1,153        

      Sec. 5705.38.  (A)  This division does not apply to school   1,163        

district appropriation measures.  On or about the first day of     1,164        

each year, the taxing authority of each subdivision or other       1,165        

taxing unit shall pass an appropriation measure, and thereafter    1,166        

during the year it may pass any supplemental appropriation         1,167        

measures as it finds necessary, based on the revised tax budget    1,168        

and the official certificate of estimated resources or amendments  1,169        

of the certificate.  If adoption of a tax budget was waived under  1,170        

section 5705.281 of the Revised Code, appropriation measures       1,171        

shall be based on the official certificate of estimated            1,172        

resources.  If it desires to postpone the passage of the annual    1,173        

appropriation measure until an amended certificate is received     1,174        

based on the actual balances, it may pass a temporary                           

appropriation measure for meeting the ordinary expenses of the     1,175        

taxing unit until no later than the first day of April of the      1,176        

current year, and the appropriations made in the temporary         1,177        

measure shall be chargeable to the appropriations in the annual    1,178        

appropriation measure for that fiscal year when passed.            1,179        

      (B)  A board of education shall pass its annual              1,181        

appropriation measure by the first day of October.  If, by the     1,182        

first day of October, a board has not received either the amended  1,183        

certificates of estimated resources required by division (B) of    1,184        

                                                          29     


                                                                 
section 5705.36 of the Revised Code or certifications that no      1,185        

amended certificates need be issued, the adoption of the annual    1,186        

appropriation measure shall be delayed until the amended           1,187        

certificates or certifications are received.  Prior to the         1,188        

passage of the annual appropriation measure, the board may pass a  1,189        

temporary appropriation measure for meeting the ordinary expenses  1,190        

of the district until it passes an annual appropriation measure,   1,191        

and appropriations made in the temporary measure shall be          1,192        

chargeable to the appropriations in the annual appropriation       1,193        

measure for that fiscal year when passed.  During the fiscal year  1,194        

and after the passage of the annual appropriation measure, a       1,195        

district may pass any supplemental appropriation measures as it    1,196        

finds necessary, based on the revised tax budget and the official  1,197        

certificate of estimated resources or amendments of the            1,198        

certificate.  The annual appropriation measure, and any temporary  1,199        

or supplemental appropriation measure, shall provide for the       1,200        

reservation of a sufficient amount of money for the budget         1,201        

reserve fund as required under division (H) of section 5705.29 of  1,202        

the Revised Code. School district appropriation measures shall be  1,203        

in the form as the auditor of state, after consultation with the   1,204        

tax commissioner, prescribes.                                      1,205        

      (C)  Appropriation measures shall be classified so as to     1,207        

set forth separately the amounts appropriated for each office,     1,208        

department, and division, and, within each, the amount             1,209        

appropriated for personal services.  In the case of a municipal    1,210        

university, the board of directors of which have assumed, in the   1,211        

manner provided by law, custody and control of the funds of the    1,212        

university, funds shall be appropriated as a lump sum for the use  1,213        

of the university.                                                 1,214        

      Section 2.  That existing sections 3315.17, 3315.18,         1,216        

3316.03, 3316.04, 3316.06, 3316.20, 5705.13, 5705.29, and 5705.38  1,217        

of the Revised Code are hereby repealed.                           1,218        

      Section 3.  After the effective date of this section, no     1,220        

board of education of any school district shall be required to     1,221        

                                                          30     


                                                                 
establish and maintain a budget reserve account as previously      1,222        

required under divisions (H) and (I) of section 5705.29 of the     1,223        

Revised Code as that section existed prior to the effective date   1,224        

of this section.  Any money on hand in a school district's budget  1,225        

reserve account established and maintained under those divisions   1,226        

on the effective date of this section may at the discretion of     1,227        

the district board of education be returned to the district's      1,228        

general fund or may be left in the account and may be used by the  1,229        

district board to offset any budget deficit the district may       1,230        

experience in future fiscal years.  However, any portion of that   1,231        

money consisting of refunds or rebates from the Bureau of          1,232        

Workers' Compensation that was required to be deposited in the     1,233        

fund under Section 39 of Am. Sub. H.B. 770 of the 122nd General    1,234        

Assembly or division (I) of section 5705.29 of the Revised Code    1,235        

as it existed prior to the effective date of this section may be   1,236        

used solely to offset a budget deficit or for school facility                   

construction, renovation, or repair; textbooks or instructional    1,238        

materials, including science equipment or laboratories; or         1,239        

professional development of teachers.                              1,240        

      This section does not affect a district board's authority    1,242        

to establish a reserve balance account under section 5705.13 of    1,243        

the Revised Code as that section exists after the effective date   1,244        

of this section.                                                   1,245        

      Section 4.  Sections 3315.17 and 3315.18 of the Revised      1,247        

Code, which were enacted by Sub. H.B. 412 of the 122nd General     1,248        

Assembly, required school districts to set aside percentages of    1,249        

their general operating funds for textbooks and instructional      1,250        

materials and for capital and maintenance costs.  Section          1,251        

3313.603 of the Revised Code, enacted by Am. Sub. S.B. 55 of the   1,252        

122nd General Assembly, increased from eighteen to twenty-one the  1,253        

minimum number of academic units required for students graduating  1,254        

from high school in this state after September 15, 2001.  The      1,255        

Ohio Supreme Court, in DeRolph v. State (2000), 89 Ohio St. 3d 1,  1,256        

concluded that all of these requirements impermissibly imposed     1,258        

                                                          31     


                                                                 
unfunded mandates upon school districts.                                        

      The General Assembly finds that the costs of the set-aside   1,260        

requirements of sections 3315.17 and 3315.18 are not unfunded to   1,261        

the extent the required set-asides are percentages of the base     1,262        

cost formula amount.  Since fiscal year 1999, these set-asides     1,263        

have been included within the base cost formula amounts            1,264        

prescribed by section 3317.012 of the Revised Code, which was      1,265        

enacted by Am. Sub. H.B. 650 of the 122nd General Assembly.  The   1,266        

General Assembly has reanalyzed fiscal year 1996 fiscal data of    1,267        

the one hundred three model effective school districts, described  1,268        

in section 3317.012 of the Revised Code, which served as the       1,269        

basis for the fiscal policies contained in Am. Sub. H.B. 650.      1,270        

This analysis is based on testimony and evidence presented in      1,271        

2000 before the Joint Committee to Examine the Base Cost of an     1,272        

Adequate Education, which clearly demonstrated that in fiscal      1,273        

year 1996, the model school districts spent at least the           1,274        

percentages prescribed in sections 3315.17 and 3315.18 of the      1,275        

Revised Code for textbooks and instructional materials and         1,276        

capital and maintenance costs as those percentages were adjusted   1,277        

by the auditor of state under those sections.  The base cost       1,279        

formula amount enacted in Am. Sub. H.B. 650 was derived from       1,280        

these districts' costs, which include their expenditures for                    

textbooks and instructional materials and capital and maintenance  1,281        

costs.  The base cost formula amount therefore includes an amount  1,282        

adequate for school districts to meet the requirements of          1,283        

sections 3315.17 and 3315.18 provided that the required            1,284        

set-asides are percentages of the base cost amount and not of      1,285        

school district total revenues.  Accordingly, this act amends the  1,287        

set-aside requirements to reflect this finding.                                 

      Other evidence submitted to the Joint Committee              1,289        

demonstrated that in fiscal year 1996 the average minimum number   1,290        

of academic units required to graduate from high school in the     1,291        

model school districts was nineteen and six-tenths, but that many  1,292        

students in those districts graduated with credits exceeding the   1,293        

                                                          32     


                                                                 
minimum.  The General Assembly therefore finds that the base cost  1,294        

formula amount reflects the cost of providing nineteen and         1,295        

six-tenths high school academic units.  The General Assembly       1,296        

intends to increase the base cost formula amount in future         1,297        

education funding legislation to close the gap between the model   1,298        

districts' average of nineteen and six-tenths units and the        1,299        

required minimum of twenty-one units imposed by section 3313.603   1,300        

of the Revised Code.