Sec. 3313.482. (A) Annually, prior to the first day of | 9 |
September, the board of education of each city, local, and | 10 |
exempted village school district shall adopt a resolution | 11 |
specifying a contingency plan under which the district's students | 12 |
will make up days on which it was necessary to close schools for | 13 |
any of the reasons specified in division (A)(2) of section 3306.01 | 14 |
and division (B) of section 3317.01 of the Revised Code, if any | 15 |
such days must be made up in order to comply with the requirements | 16 |
of that section and sections 3306.01, 3313.48
and, 3313.481, and | 17 |
3317.01 of the Revised Code. The resolutionplan shall provide in | 18 |
the plan for making up at least five
full school days. The plan | 19 |
may provide for making up some or all of the days a school is | 20 |
closed by increasing the length of other school days in the manner | 21 |
authorized in division (B) of this section. No resolution adopted | 22 |
pursuant to this division shall conflict with any collective | 23 |
bargaining agreement into which a board has entered pursuant to | 24 |
Chapter 4117. of the Revised Code and that is in effect in the | 25 |
district. | 26 |
(B) Notwithstanding the content ofanything to the contrary | 27 |
in the contingency plan it adopts under division (A) of this | 28 |
section, if a school district closes or evacuates any school | 29 |
building for any of the reasons specified in division (A)(2) of | 30 |
section 3306.01 and division (B) of section 3317.01 of the Revised | 31 |
Code, or as a result of a bomb threat or any other report of an | 32 |
alleged or impending explosion, and if, as a result of the closing | 33 |
or evacuation, the school district would be unable to meet the | 34 |
requirements of sections 3306.01, 3313.48, 3313.481, and 3317.01 | 35 |
of the Revised Code regarding the number of days schools must be | 36 |
open for instruction or the requirements of the state minimum | 37 |
standards for the school day that are established by the | 38 |
department of education regarding the number of hours there must | 39 |
be in the school day, the school district may increase the length | 40 |
of one or more other school days for the school that was closed or | 41 |
evacuated, in increments of one-half hour, to make up the number | 42 |
of hours or days that the school building in question was so | 43 |
closed or evacuated for the purpose of satisfying the requirements | 44 |
of those sections regarding the number of days schools must be | 45 |
open for instruction or the requirements of those standards | 46 |
regarding the number of hours there must be in the school day. | 47 |
(C) If a school district closes or evacuates any school | 48 |
building for any of the reasons specified in division (B) of | 49 |
section 3317.01 of the Revised Code, and if for that school the | 50 |
total number of full school days specified in the district's | 51 |
contingency plan adopted under division (A) of this section is | 52 |
insufficient to enable the school district to meet the | 53 |
requirements of sections 3313.48, 3313.481, and 3317.01 of the | 54 |
Revised Code regarding the number of days schools must be open for | 55 |
instruction or the requirements of the state minimum standards for | 56 |
the school day that are established by the department of education | 57 |
regarding the number of hours there must be in the school day, the | 58 |
school district may increase the length of one or more other | 59 |
school days for the school that was closed or evacuated, in | 60 |
increments of one-half hour, to make up the number of hours or | 61 |
days that the school building in question was so closed or | 62 |
evacuated for the purpose of satisfying the requirements of those | 63 |
sections regarding the number of days schools must be open for | 64 |
instruction or the requirements of those standards regarding the | 65 |
number of hours there must be in the school day. The district | 66 |
shall not be required to actually make up any of the days | 67 |
specified in the district's contingency plan prior to increasing | 68 |
the length of one or more school days to make up the shortage of | 69 |
hours or days caused by the school's closure or evacuation, but in | 70 |
no case shall the district fail to make up the total number of | 71 |
full school days specified in the contingency plan in accordance | 72 |
with that plan. | 73 |
(D) If a school district closes or evacuates a school | 74 |
building as a result of a bomb threat or any other report of an | 75 |
alleged or impending explosion and also closes or evacuates that | 76 |
school building on a different day for any of the reasons | 77 |
specified in division (B) of section 3317.01 of the Revised Code, | 78 |
division (B) of this section applies regarding the closing or | 79 |
evacuation of the school building as a result of the bomb threat | 80 |
or report of an alleged or impending explosion and division (C) of | 81 |
this section applies regarding the closing or evacuation of the | 82 |
school building for the reason specified in division (B) of | 83 |
section 3317.01 of the Revised Code. | 84 |
Notwithstanding the provisions of sections 3313.48, 3313.481, | 85 |
and 3317.01 of the Revised Code and the requirements of the state | 86 |
minimum standards for the school day that are established by the | 87 |
department of education and notwithstanding the content of the | 88 |
contingency plan it adopts under division (A) of this section | 89 |
regarding the closing or evacuation of a school building as a | 90 |
result of a bomb threat or any other report of an alleged or | 91 |
impending explosion, aA school district that makes up, as | 92 |
described in this division (B) or (C) of this section, all of the | 93 |
hours or days that its school buildings were closed or evacuated | 94 |
for any of the reasons identified in this division (B) or (C) of | 95 |
this section shall be deemed to have complied with the | 96 |
requirements of those sections 3306.01, 3313.48, 3313.481, and | 97 |
3317.01 of the Revised Code regarding the number of days schools | 98 |
must be open for instruction and the requirements of thosethe | 99 |
state minimum standards regarding the number of hours there must | 100 |
be in the school day. | 101 |
This chapter shall be administered by the state board of | 107 |
education. The superintendent of public instruction shall | 108 |
calculate the amounts payable to each school district and shall | 109 |
certify the amounts payable to each eligible district to the | 110 |
treasurer of the district as provided by this chapter. As soon as | 111 |
possible after such amounts are calculated, the superintendent | 112 |
shall certify to the treasurer of each school district the | 113 |
district's adjusted charge-off increase, as defined in section | 114 |
5705.211 of the Revised Code. No moneys shall be distributed | 115 |
pursuant to this chapter without the approval of the controlling | 116 |
board. | 117 |
Moneys distributed pursuant to this chapter shall be | 121 |
calculated and paid on a fiscal year basis, beginning with the | 122 |
first day of July and extending through the thirtieth day of June. | 123 |
The moneys appropriated for each fiscal year shall be distributed | 124 |
periodically to each school district unless otherwise provided | 125 |
for. The state board shall submit a yearly distribution plan to | 126 |
the controlling board at its first meeting in July. The state | 127 |
board shall submit any proposed midyear revision of the plan to | 128 |
the controlling board in January. Any year-end revision of the | 129 |
plan shall be submitted to the controlling board in June. If | 130 |
moneys appropriated for each fiscal year are distributed other | 131 |
than monthly, such distribution shall be on the same basis for | 132 |
each school district. | 133 |
(A) The school district, except for any educational service | 136 |
center and any joint vocational or cooperative education school | 137 |
district, levies for current operating expenses at least twenty | 138 |
mills. Levies for joint vocational or cooperative education school | 139 |
districts or county school financing districts, limited to or to | 140 |
the extent apportioned to current expenses, shall be included in | 141 |
this qualification requirement. School district income tax levies | 142 |
under Chapter 5748. of the Revised Code, limited to or to the | 143 |
extent apportioned to current operating expenses, shall be | 144 |
included in this qualification requirement to the extent | 145 |
determined by the tax commissioner under division (D) of section | 146 |
3317.021 of the Revised Code. | 147 |
(B) The school year next preceding the fiscal year for which | 148 |
such payments are authorized meets the requirement of section | 149 |
3313.48 or 3313.481 of the Revised Code, with regard to the | 150 |
minimum number of days or hours school must be open for | 151 |
instruction with pupils in attendance, for individualized | 152 |
parent-teacher conference and reporting periods, and for | 153 |
professional meetings of teachers. This requirement shall be | 154 |
waived by the superintendent of public instruction if it had been | 155 |
necessary for a school to be closed because of disease epidemic, | 156 |
hazardous weather conditions, inoperability of school buses or | 157 |
other equipment necessary to the school's operation, damage to a | 158 |
school building, or other temporary circumstances due to utility | 159 |
failure rendering the school building unfit for school use, | 160 |
provided that for those school districts operating pursuant to | 161 |
section 3313.48 of the Revised Code the number of days the school | 162 |
was actually open for instruction with pupils in attendance and | 163 |
for individualized parent-teacher conference and reporting periods | 164 |
is not less than one hundred seventy-five, or for those school | 165 |
districts operating on a trimester plan the number of days the | 166 |
school was actually open for instruction with pupils in attendance | 167 |
not less than seventy-nine days in any trimester, for those school | 168 |
districts operating on a quarterly plan the number of days the | 169 |
school was actually open for instruction with pupils in attendance | 170 |
not less than fifty-nine days in any quarter, or for those school | 171 |
districts operating on a pentamester plan the number of days the | 172 |
school was actually open for instruction with pupils in attendance | 173 |
not less than forty-four days in any pentamester. However, for | 174 |
fiscal year 2012, the superintendent shall waive two fewer such | 175 |
days for the 2010-2011 school year. | 176 |
The superintendent of public instruction shall waive the | 184 |
requirements of this section with reference to the minimum number | 185 |
of days or hours school must be in session with pupils in | 186 |
attendance for the school year succeeding the school year in which | 187 |
a board of education initiates a plan of operation pursuant to | 188 |
section 3313.481 of the Revised Code. The minimum requirements of | 189 |
this section shall again be applicable to such a district | 190 |
beginning with the school year commencing the second July | 191 |
succeeding the initiation of one such plan, and for each school | 192 |
year thereafter. | 193 |
A board of education or governing board of an educational | 203 |
service center which has not conformed with other law and the | 204 |
rules pursuant thereto, shall not participate in the distribution | 205 |
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 206 |
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 207 |
and sufficient reason established to the satisfaction of the state | 208 |
board of education and the state controlling board. | 209 |
Section 3. This act is hereby declared to be an emergency | 215 |
measure necessary for the immediate preservation of the public | 216 |
peace, health, and safety. The reason for such necessity is to | 217 |
provide schools with adequate time to address unavoidable school | 218 |
closures due to public calamities, such as hazardous weather | 219 |
conditions, during the current school year. Therefore, this act | 220 |
shall go into immediate effect. | 221 |