(A) For purposes of this section, "LEA" means a state agency that is also a Local Education Agency.
(B) The State Auditor shall adopt the statewide program created by the State Department of Education in Section 59-20-90, and shall use it to identify fiscal practices and budgetary conditions that, if uncorrected, could compromise the fiscal integrity of a state agency that is also an LEA, and advise the LEA to take appropriate corrective actions.
(C)(1) This program must replicate the procedures of Section 59-20-90, except that:
(a) the State Auditor shall act with respect to an LEA as the department acts toward a school district; and
(b) in a declaration of fiscal caution, the State Auditor may waive the provisions of Section 59-20-90(D)(3), (4), (5), and (6) and immediately direct the department to assume emergency management of the LEA, which may continue until the State Auditor releases the LEA from the declaration of fiscal caution; and
(c) in a declaration of fiscal emergency, the State Auditor immediately shall direct the department to assume emergency management of the LEA, which must continue until the State Auditor releases the LEA from the declaration of fiscal emergency.
(2) The department assumes full management of an LEA at the moment that written notice is sent from the State Auditor to the LEA by certified mail, return receipt requested.
HISTORY: 2017 Act No. 23 (H.3221), Section 2.A, eff May 9, 2017.
Editor's Note
2017 Act No. 23, Section 2.B, provides as follows:
"(B) The State Auditor shall promulgate regulations to carry out the provisions of this section."
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