07 LC 33
1912
House
Bill 534
By:
Representatives Freeman of the
140th,
Keown of the
173rd,
Casas of the
103rd,
Benton of the
31st,
Sims of the
119th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to local boards of education, so as to require public notice
of a budget deficit within three business days; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to local boards of education, is amended by revising Code Section 20-2-67,
relating to local school system or school subject to corrective action plan for
budget deficit, as follows:
"20-2-67.
(a)
When an audit by the Department of Audits and Accounts finds and reports
irregularities or budget deficits in the fund accounting information regarding a
local school system or a school within the local school system, the Department
of Audits and Accounts shall report the findings of irregularities or budget
deficits to the State Board of Education and the local board of
education.
(b)
The State Board of Education shall inform the superintendent of the local school
system of the irregularities or budget deficits regarding a local school
system´s or a school´s fund accounting information. The superintendent
shall submit to the Department of Education a response to the findings and a
corrective action plan as defined by rules and regulations adopted by the State
Board of Education designed to correct the financial irregularities or budget
deficits for the school or school system. From the time such irregularity or
budget deficit is discovered until the time it is eliminated, the local school
superintendent shall present to each member of the local board of education for
his or her review and written acknowledgment a monthly report containing all
anticipated expenditures by budget function for such school or school system
during the current month. The report shall be presented to local board members
on or before the tenth business day of each month. Each monthly report shall be
signed by each member of that local board and recorded and retained in the
minutes of the meeting of the local board of education.
(b.1)
Within three business days of notice to the superintendent of a local school
system that the school system is in a budget deficit, with respect to either the
school system´s general fund or its debt sinking fund, the superintendent
and the chairperson of the local board shall cause to be published in the
official county organ wherein the local school system is located once a week for
two weeks a disclosure of such budget deficit. The superintendent and local
board chairperson shall be guilty of a misdemeanor for failure to comply with
this subsection.
(c)
Not later than September 30 of the year, each local board of education shall
cause to be published in the official county organ wherein the local school
system is located once a week for two weeks a statement of actual financial
operations for such schools or school system identified by the Department of
Audits and Accounts as having financial irregularities. Such statement of actual
financial operations shall be in a form to be specified and prescribed by the
state auditor for the purpose of indicating the current financial status of the
schools or school system. Prior to publication, such form shall be executed by
the local board of education and signed by each member of said board and the
local school superintendent.
(d)
A copy of the actual financial operations form required to be published by
subsection (c) of this Code section shall be mailed by each local board of
education to the Department of Education and the local county board of
commissioners or local municipal governing authority. A current copy of said
form shall be maintained on file in the central administrative office of the
local school system for public inspection for a period of at least two years
from the date of its publication. Copies of the statement shall be made
available on request."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.