H. B. No. 175 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 175

Representative Fessler

Cosponsors: Representatives Seitz, Stebelton, Collier

A BILL

To amend section 3313.482 of the Revised Code to 1
permanently permit school districts to make up 2
excess calamity days by adding hours to remaining 3
days in the school year and to declare an 4
emergency. 5

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

       Section 1. That section 3313.482 of the Revised Code be 6
amended to read as follows: 7

       Sec. 3313.482. (A) Annually, prior to the first day of 8
September, the board of education of each city, local, and 9
exempted village school district shall adopt a resolution 10
specifying a contingency plan under which the district's students 11
will make up days on which it was necessary to close schools for 12
any of the reasons specified in division (B) of section 3317.01 of 13
the Revised Code, if any such days must be made up in order to 14
comply with the requirements of that section and sections 3313.48 15
and 3313.481 of the Revised Code. The resolution shall provide in 16
the plan for making up at least five full school days. No 17
resolution adopted pursuant to this division shall conflict with 18
any collective bargaining agreement into which a board has entered 19
pursuant to Chapter 4117. of the Revised Code and that is in 20
effect in the district. 21

       ~~(b)~~(B) Notwithstanding the content of the contingency plan it 22
adopts under division (A) of this section, if a school district 23
closes or evacuates any school building for any of the reasons 24
specified in division (B) of section 3317.01 of the Revised Code, 25
or as a result of a bomb threat or any other report of an alleged 26
or impending explosion, and if, as a result of the closing or 27
evacuation, the school district would be unable to meet the 28
requirements of sections 3313.48, 3313.481, and 3317.01 of the 29
Revised Code regarding the number of days schools must be open for 30
instruction or the requirements of the state minimum standards for 31
the school day that are established by the department of education 32
regarding the number of hours there must be in the school day, the 33
school district may increase the length of one or more other 34
school days for the school that was closed or evacuated, in 35
increments of one-half hour, to make up the number of hours or 36
days that the school building in question was so closed or 37
evacuated for the purpose of satisfying the requirements of those 38
sections regarding the number of days schools must be open for 39
instruction or the requirements of those standards regarding the 40
number of hours there must be in the school day. Notwithstanding 41
the provisions of sections 3313.48, 3313.481, and 3317.01 of the 42
Revised Code and the requirements of the state minimum standards 43
for the school day that are established by the department of 44
education and notwithstanding the content of the contingency plan 45
it adopts under division (A) of this section, a school district 46
that makes up, as described in this division, all of the hours or 47
days that its school buildings were so closed or evacuated shall 48
be deemed to have complied with the requirements of those sections 49
regarding the number of days schools must be open for instruction 50
and the requirements of those minimum standards regarding the 51
number of hours there must be in the school day. 52

       Section 2. That existing section 3313.482 of the Revised Code 53
is hereby repealed. 54

       Section 3. This act is hereby declared to be an emergency 55
measure necessary for the immediate preservation of the public 56
peace, health and safety. The reason for such necessity is that 57
school districts need the option provided by this act to make up 58
days missed in the current school year due to hazardous weather 59
conditions in excess of the number of days permitted by law. 60
Therefore, this act shall go into immediate effect. 61

Section 1. That section 3313.482 of the Revised Code be	6
amended to read as follows:	7

Sec. 3313.482. (A) Annually, prior to the first day of	8
September, the board of education of each city, local, and	9
exempted village school district shall adopt a resolution	10
specifying a contingency plan under which the district's students	11
will make up days on which it was necessary to close schools for	12
any of the reasons specified in division (B) of section 3317.01 of	13
the Revised Code, if any such days must be made up in order to	14
comply with the requirements of that section and sections 3313.48	15
and 3313.481 of the Revised Code. The resolution shall provide in	16
the plan for making up at least five full school days. No	17
resolution adopted pursuant to this division shall conflict with	18
any collective bargaining agreement into which a board has entered	19
pursuant to Chapter 4117. of the Revised Code and that is in	20
effect in the district.	21

~~(b)~~(B) Notwithstanding the content of the contingency plan it	22
adopts under division (A) of this section, if a school district	23
closes or evacuates any school building for any of the reasons	24
specified in division (B) of section 3317.01 of the Revised Code,	25
or as a result of a bomb threat or any other report of an alleged	26
or impending explosion, and if, as a result of the closing or	27
evacuation, the school district would be unable to meet the	28
requirements of sections 3313.48, 3313.481, and 3317.01 of the	29
Revised Code regarding the number of days schools must be open for	30
instruction or the requirements of the state minimum standards for	31
the school day that are established by the department of education	32
regarding the number of hours there must be in the school day, the	33
school district may increase the length of one or more other	34
school days for the school that was closed or evacuated, in	35
increments of one-half hour, to make up the number of hours or	36
days that the school building in question was so closed or	37
evacuated for the purpose of satisfying the requirements of those	38
sections regarding the number of days schools must be open for	39
instruction or the requirements of those standards regarding the	40
number of hours there must be in the school day. Notwithstanding	41
the provisions of sections 3313.48, 3313.481, and 3317.01 of the	42
Revised Code and the requirements of the state minimum standards	43
for the school day that are established by the department of	44
education and notwithstanding the content of the contingency plan	45
it adopts under division (A) of this section, a school district	46
that makes up, as described in this division, all of the hours or	47
days that its school buildings were so closed or evacuated shall	48
be deemed to have complied with the requirements of those sections	49
regarding the number of days schools must be open for instruction	50
and the requirements of those minimum standards regarding the	51
number of hours there must be in the school day.	52

Section 2. That existing section 3313.482 of the Revised Code	53
is hereby repealed.	54

Section 3. This act is hereby declared to be an emergency	55
measure necessary for the immediate preservation of the public	56
peace, health and safety. The reason for such necessity is that	57
school districts need the option provided by this act to make up	58
days missed in the current school year due to hazardous weather	59
conditions in excess of the number of days permitted by law.	60
Therefore, this act shall go into immediate effect.	61