702 KAR 3:050. Application to exceed budget

Link to law: http://www.lrc.ky.gov/kar/702/003/050.htm
Published: 2015

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      702 KAR 3:050.

Application to exceed budget.

 

      RELATES TO: KRS

156.031, 160.550

      STATUTORY

AUTHORITY: KRS 156.070, 160.550

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 156.031 requires that administrative regulations

relating to statutes amended by the 1990 Kentucky Education Reform Act be

reviewed, amended if necessary and resubmitted to the Legislative Research

Commission prior to December 30, 1990; and KRS 160.550 requires that no local

school district may have a deficit budget situation except for a purpose for

which bonds have been voted or upon a declaration of emergency by the State

Board for Elementary and Secondary Education. This administrative regulation is

necessary to provide a safeguard against deficit spending by local boards of

education and to establish the process for declaration of an appropriate

emergency.

 

      Section 1. The

chief state school officer shall determine on the basis of evidence submitted

in an application provided by the Division of School District Finance to exceed

the current budget of a local board of education whether or not an emergency

exists within the meaning of KRS 160.550. The chief state school officer shall

examine carefully all facts pertaining to the claimed emergency and take such

action as he deems appropriate, including the authority to declare an emergency

in those cases where the health and safety of the pupils of the school district

are placed in jeopardy or the school program disrupted.

 

      Section 2. Any

application to exceed the current budget filed under this administrative

regulation, as well as any emergency declared by the chief state school

officer, shall be submitted to the State Board for Elementary and Secondary

Education for a final decision. (SBE 21.050; 1 Ky.R. 69; Am. 695; eff. 3-12-75;

5 Ky.R. 1082; eff. 8-1-79; 17 Ky.R. 1548; eff. 12-9-90.)