§ 16-2-21 - Pre-budget consultation – Annual reports – Appropriation requests – Budgets.

SECTION 16-2-21

   § 16-2-21  Pre-budget consultation –Annual reports – Appropriation requests – Budgets. – (a) At least sixty (60) days but not more than ninety (90) days prior to theformal submission of the school budget to the appropriate city or townofficials by the school committee, there shall be a joint pre-budget meetingbetween the school committee and the city or town council(s). At or before thismeeting:

   (1) The highest elected official of the city or town shallsubmit to the school committee an estimate, prepared in a manner approved bythe department of administration, of projected revenues for the next fiscalyear. In the case of the property tax, the projections shall include onlychanges in the property tax base, not property tax rates;

   (2) The school committee shall submit to the city or towncouncil a statement for the next ensuing fiscal year of anticipated totalexpenditures, projected enrollments with resultant staff and facilityrequirements, and any necessary or mandated changes in school programs oroperations; and

   (3) The school committee shall prepare and submit, annually,to the department of elementary and secondary education, on or before the firstday of August, a report in the manner and form prescribed by the state board ofregents for elementary and secondary education; the committee shall alsoprepare not less than thirty (30) days before the date of the annual financialtown meeting, or the date of the meeting of the city council at which annualappropriations are made, on forms prescribed and furnished by the department ofelementary and secondary education, the estimates and recommendations of theamounts necessary to be appropriated for the support of public schools for thefiscal year ensuing; provided, that a copy of these estimates andrecommendations shall be sent to the department of elementary and secondaryeducation, and until the report is made, and if the estimates andrecommendations are not presented to the department, it may refuse to draw itsorders for the money in the state treasury apportioned to the city or town;provided, that the necessary blank for the report has been furnished by thedepartment on or before the first day of June, next preceding, and thenecessary forms for the estimates and recommendations shall have been furnishedby the department not less than sixty (60) days before the date of the annualappropriations meeting of the city council; the committee shall also prepareand submit annually to the department of elementary and secondary education andat the annual financial town meeting a report to the city or town, settingforth its doings, the state and condition of the schools, and plans for theirimprovement, which report, unless printed, shall be read in open meeting; andif printed, at least three (3) copies shall be transmitted to the department onor before the day of the annual financial town meeting in each year.

   (b) If the amount appropriated by the town meeting, the cityor town council, or budget referendum is either more or less than the amountrecommended and requested by the school committee, the school committee shall,within thirty (30) days after the appropriation is made, amend its estimatesand recommendations so that expenses are no greater than the total of allrevenue appropriated by the state or town or provided for public schools underthe care, control, and management of the school committee.

   (c) Only a school budget in which total expenses are lessthan or equal to appropriations and revenues shall be considered an adoptedschool budget.

   (d) Notwithstanding any provision of the general or publiclaws to the contrary:

   (i) the budget adopted and presented by any school committeefor the fiscal year 2008 shall not propose the appropriation of municipal funds(exclusive of state and federal aid) in excess of one hundred five andone-quarter percent (105.25%) of the total of municipal funds appropriated bythe city or town council for school purposes for fiscal year 2007;

   (ii) the budget adopted and presented by any school committeefor the fiscal year 2009 shall not propose the appropriation of municipal funds(exclusive of state and federal aid) in excess of one hundred five percent(105%) of the total of municipal funds appropriated by the city or town councilfor school purposes for fiscal year 2008;

   (iii) the budget adopted and presented by any schoolcommittee for the fiscal year 2010 shall not propose the appropriation ofmunicipal funds (exclusive of state and federal aid) in excess of one hundredfour and three-quarters percent (104.75%) of the total of municipal fundsappropriated by the city or town council for school purposes for fiscal year2009;

   (iv) the budget adopted and presented by any school committeefor the fiscal year 2011 shall not propose the appropriation of municipal funds(exclusive of state and federal aid) in excess of one hundred four and one-halfpercent (104.5%) of the total of municipal funds appropriated by the city ortown council for school purposes for fiscal year 2010;

   (v) the budget adopted and presented by any school committeefor the fiscal year 2012 shall not propose the appropriation of municipal funds(exclusive of state and federal aid) in excess of one hundred four andone-quarter percent (104.25%) of the total of municipal funds appropriated bythe city or town council for school purposes for fiscal year 2011; and

   (vi) the budget adopted and presented by any school committeefor the fiscal year 2013 and for each fiscal year thereafter shall not proposethe appropriation of municipal funds (exclusive of state and federal aid) inexcess of one hundred four percent (104%) of the total of municipal fundsappropriated by the city or town council for school purposes for fiscal year2012.

   (e) Notwithstanding any provision of the general or publiclaws to the contrary, any judgment rendered pursuant to subsection 16-2-21.4(b)shall consider the percentage caps on school district budgets set forth insubsection (d) of this section.