S. B. No. 71 As Passed by the Senate

Senators Wilson, Brady, Schuring, Clancy, Fingerhut, Zurz, Roberts, Carey, Fedor, Padgett, Miller, Niehaus

A BILL
To permit certain school districts and nonpublic 1
schools located in areas flooded during the 2
2004-2005 school year to count time that schools 3
are in session beyond the required minimum number 4
of hours in order to make up "calamity days" 5
missed in excess of the number of days permitted 6
by law and the number of days specified in their 7
contingency plans, and to declare an emergency. 8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. (A) This section applies only to a city, exempted 9
village, local, or joint vocational school district or nonpublic 10
school that was closed due to flooding at any time during the 11
2004-2005 school year, for which flooding the Governor declared an 12
emergency in the county in which the district or nonpublic school 13
is located or the Governor or President of the United States 14
declared that county a disaster area. 15

       (B) A school district or nonpublic school to which this 16
section applies shall not be considered to have failed to comply 17
with division (B) of section 3317.01 of the Revised Code or the 18
state minimum standards during the 2004-2005 school year because a 19
school was closed due to any public calamity, as provided in 20
section 3317.01 of the Revised Code, for a number of days 21
exceeding the number permitted under sections 3313.48, 3313.481, 22
and 3317.01 of the Revised Code, if both of the following apply: 23

       (1) In the case of a school district, the district makes up 24
the number of days specified in its contingency plan adopted under 25
division (A) of section 3313.482 of the Revised Code in accordance 26
with that plan or, in the case of a nonpublic school, the school 27
makes up the number of days specified in any contingency plan 28
adopted by the school's governing authority in accordance with 29
that plan; 30

       (2) During the period beginning on February 1, 2005, the 31
school was open for instruction for more hours than the required 32
number of hours on a sufficient number of days to make up all 33
remaining days a school was closed in excess of the number 34
permitted by sections 3313.48, 3313.481, and 3317.01 of the 35
Revised Code due to any public calamity. 36

       As used in this section, the "required number of hours" for 37
any school district is five hours per day in the case of students 38
in grades one through six and five and one-half hours per day in 39
the case of students in grades seven through twelve, and for any 40
nonpublic school is five hours per day for students in grades one 41
through twelve. A public school or school district shall be deemed 42
to have "made up" a day under division (B)(2) of this section for 43
each additional five hours its students in grades one through six 44
are in attendance on and after February 1, 2005, and for each 45
additional five and one-half hours its students in grades seven 46
through twelve are in attendance on and after February 1, 2005. A 47
nonpublic school shall be deemed to have "made up" a day under 48
division (B) of this section for each additional five hours its 49
students in grades one through twelve are in attendance on and 50
after February 1, 2005. 51

       Section 2. This act is hereby declared to be an emergency 52
measure necessary for the immediate preservation of the public 53
peace, health, and safety. The reason for such necessity lies in 54
the fact that immediate action is needed to provide school 55
districts and nonpublic schools an alternative way to make up days 56
missed in the current school year due to a public calamity in 57
excess of the number permitted by law in order to account for an 58
unusually high number of days missed in the school year due to 59
flooding. Therefore, this act shall go into immediate effect. 60

Section 1. (A) This section applies only to a city, exempted	9
village, local, or joint vocational school district or nonpublic	10
school that was closed due to flooding at any time during the	11
2004-2005 school year, for which flooding the Governor declared an	12
emergency in the county in which the district or nonpublic school	13
is located or the Governor or President of the United States	14
declared that county a disaster area.	15

(B) A school district or nonpublic school to which this	16
section applies shall not be considered to have failed to comply	17
with division (B) of section 3317.01 of the Revised Code or the	18
state minimum standards during the 2004-2005 school year because a	19
school was closed due to any public calamity, as provided in	20
section 3317.01 of the Revised Code, for a number of days	21
exceeding the number permitted under sections 3313.48, 3313.481,	22
and 3317.01 of the Revised Code, if both of the following apply:	23

(1) In the case of a school district, the district makes up	24
the number of days specified in its contingency plan adopted under	25
division (A) of section 3313.482 of the Revised Code in accordance	26
with that plan or, in the case of a nonpublic school, the school	27
makes up the number of days specified in any contingency plan	28
adopted by the school's governing authority in accordance with	29
that plan;	30

(2) During the period beginning on February 1, 2005, the	31
school was open for instruction for more hours than the required	32
number of hours on a sufficient number of days to make up all	33
remaining days a school was closed in excess of the number	34
permitted by sections 3313.48, 3313.481, and 3317.01 of the	35
Revised Code due to any public calamity.	36

As used in this section, the "required number of hours" for	37
any school district is five hours per day in the case of students	38
in grades one through six and five and one-half hours per day in	39
the case of students in grades seven through twelve, and for any	40
nonpublic school is five hours per day for students in grades one	41
through twelve. A public school or school district shall be deemed	42
to have "made up" a day under division (B)(2) of this section for	43
each additional five hours its students in grades one through six	44
are in attendance on and after February 1, 2005, and for each	45
additional five and one-half hours its students in grades seven	46
through twelve are in attendance on and after February 1, 2005. A	47
nonpublic school shall be deemed to have "made up" a day under	48
division (B) of this section for each additional five hours its	49
students in grades one through twelve are in attendance on and	50
after February 1, 2005.	51

Section 2. This act is hereby declared to be an emergency	52
measure necessary for the immediate preservation of the public	53
peace, health, and safety. The reason for such necessity lies in	54
the fact that immediate action is needed to provide school	55
districts and nonpublic schools an alternative way to make up days	56
missed in the current school year due to a public calamity in	57
excess of the number permitted by law in order to account for an	58
unusually high number of days missed in the school year due to	59
flooding. Therefore, this act shall go into immediate effect.	60