15-304. Warrants; limitations;
definition


A. The county school superintendent, on the voucher of the governing board of a
school district, shall draw the county school superintendent's warrant on the county
treasurer for all necessary expenses against the school fund of the district. The
warrants shall be drawn in the order in which the vouchers are filed in the county school
superintendent's office. Unless notified by the department of education pursuant to
section 15-107, a warrant shall not be drawn for an expenditure from the maintenance and
operation, capital outlay, adjacent ways and federal and state grant funds for a purpose
not included in the budget of the school district or for an expenditure in excess of the
amount budgeted and not previously expended, except for expenditures authorized by the
board of supervisors as provided in section 15-907. The county school superintendent
shall not draw a warrant for an expenditure from any school district fund except the
maintenance and operation, capital outlay or adjacent ways fund or federal and state
grant funds unless sufficient cash is available in the fund according to the records of
the county school superintendent. The county school superintendent may only draw a
warrant for an expenditure from a federal or state grant fund when sufficient cash is not
available in the grant fund if the county treasurer maintains the two accounts as
provided in section 15-996, paragraph 1 and if the county school superintendent
determines that the expenditures are included in the budget section of the approved grant
application.


B. A county school superintendent, within two business days, shall provide written
notice to the department of education, if, in the county school superintendent's
judgment, a school district has committed an overexpenditure as defined in section
15-107.


C. The state board of education shall require a county school superintendent who
fails to comply with the notification requirements of subsection B of this section to
complete professional development training. The state board of education may also
require the employees of a county school superintendent who are involved in school
district finances and budgeting to complete professional development training. The
professional development training shall be selected from a list approved by the state
board of education and the cost of the professional development training shall be paid by
the county school superintendent. County school superintendents and employees of the
county school superintendent who are involved in district finances and budgeting shall
complete at least twelve hours of professional development training within one hundred
twenty days after the decision of the state board of education to require professional
development training of the county school superintendent and the employees of the county
school superintendent who are involved in district finances and budgeting.


D. A county school superintendent who fails to complete the professional
development training within the time prescribed in subsection C of this section is guilty
of nonfeasance in office, and the state board of education shall forward a complaint to
the attorney general. The attorney general may bring an action in superior court against
a county school superintendent for failure to comply with the professional development
training requirements prescribed in subsection C of this section. If a court determines
that a county school superintendent failed to comply with the professional development
training requirements prescribed in subsection C of this section, the court shall issue
an order removing the county school superintendent from office.


E. A county school superintendent who fails to comply with the notification
requirements of subsection B of this section more than once is guilty of unprofessional
conduct. The attorney general may commence an action in superior court to enforce this
subsection against any county school superintendent who violates the notification
requirements of subsection B of this section more than once. If the court determines that
a county school superintendent is guilty of unprofessional conduct, the court shall issue
an order directing the removal of the county school superintendent from office.


F. Any vacancy in the office of county school superintendent shall be filled in the
manner prescribed by section 11-251.


G. For the purposes of this section, "voucher" means a summary cover sheet and
either copies of the invoices of the expenditure or a listing of the invoice detail.