Am. Sub. H. B. No. 416 As Reported by the Committee of Conference

As Reported by the Committee of Conference

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 416

Representatives Burkley, Hill

Cosponsors: Representatives Blessing, Brenner, Brown, Derickson, Dovilla, Hall, Hood, Landis, Kunze, Retherford, Roegner, Rosenberger, Stautberg, Thompson, Milkovich, Smith, Bishoff, Boyd, Patmon, Scherer, Sheehy, Stebelton Speaker Batchelder
Senators Coley, Sawyer, Brown, Eklund, Hite, Lehner, Obhof

A BILL

To amend Section 733.10 of Am. Sub. H.B. 59 of the

130th General Assembly to provide additional

calamity day relief for schools and to declare an

emergency.

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

Section 1. That Section 733.10 of Am. Sub. H.B. 59 of the	5
130th General Assembly be amended to read as follows:	6

Sec. 733.10. ~~Notwithstanding~~(A) Except as provided in	7
division (B) of this section, notwithstanding section 3317.01 of	8
the Revised Code, as amended by ~~this act~~Am. Sub. H.B. 59 of the	9
130th General Assembly, to determine whether a school district or	10
STEM school established under Chapter 3326. of the Revised Code	11
satisfied the minimum school year in the 2013-2014 school year in	12
order to qualify for state funding under Chapter 3317. or 3326. of	13
the Revised Code for fiscal year 2015, the Department of Education	14
shall apply the criteria prescribed in the version of division (B)	15
of section 3317.01 of the Revised Code in effect prior to July 1,	16
2014.	17

(B) No school district or STEM school shall be denied	18
payments under Chapter 3317. or 3326. of the Revised Code for	19
fiscal year 2015, nor shall a chartered nonpublic school be	20
determined not in compliance with the state minimum school year,	21
solely because any school operated by the district, STEM school,	22
or chartered nonpublic school was open for instruction during the	23
2013-2014 school year for not more than four days fewer than the	24
number of days required by the versions of sections 3313.48,	25
3313.481, and 3317.01 of the Revised Code in effect prior to July	26
1, 2014, as long as all of the following conditions are satisfied:	27

(1) The reason the school was not open for the required	28
number of days was due to any of the reasons set forth in division	29
(B) of that version of section 3317.01 of the Revised Code.	30

(2) The district, STEM school, or chartered nonpublic school	31
has made up at least four days or has invoked plans to make up at	32
least four days as specified in its contingency plan adopted for	33
the 2013-2014 school year under former section 3313.482 of the	34
Revised Code or through other adjustments to the calendar, as	35
approved by the district board or school governing board.	36

(3) The district board of education, STEM school governing	37
body, or chartered nonpublic school governing authority has	38
affirmed its intention to request the waiver of additional excused	39
days, as authorized by division (B) of this section, in a	40
resolution adopted in a regular or special meeting of the board,	41
governing body, or governing authority.	42

Section 2. That existing Section 733.10 of Am. Sub. H.B. 59	43
of the 130th General Assembly is hereby repealed.	44

Section 3. Notwithstanding anything to the contrary in the	45
contingency plan it adopted for the 2013-2014 school year under	46
division (A) of former section 3313.482 of the Revised Code or	47
division (B) of the version of section 3317.01 of the Revised Code	48
in effect prior to July 1, 2014, if during the 2013-2014 school	49
year a school district, STEM school, or chartered nonpublic school	50
closes or evacuates any school building for any of the reasons set	51
forth in division (B) of the version of section 3317.01 of the	52
Revised Code in effect prior to July 1, 2014, or as a result of a	53
bomb threat or any other report of an alleged or impending	54
explosion, and if, as a result of the closing or evacuation, the	55
school district, STEM school, or chartered nonpublic school is	56
unable to meet, for the 2013-2014 school year, the requirements of	57
the versions of sections 3313.48, 3313.481, and 3317.01 of the	58
Revised Code in effect prior to July 1, 2014, regarding the number	59
of days schools must be open for instruction or the requirements	60
of the state minimum standards for the school day that are	61
established by the Department of Education regarding the number of	62
hours there must be in the school day, the school district, STEM	63
school, or chartered nonpublic school may increase the length of	64
one or more other school days during the 2013-2014 school year for	65
the school that was closed or evacuated, in increments of one-half	66
hour, to make up the number of hours or days that the school	67
building in question was so closed or evacuated for the purpose of	68
satisfying the requirements of those sections.	69

Any instruction time added in increments of one-half hour to	70
school days occurring on or after January 1, 2014, by a school	71
district, STEM school, or chartered nonpublic school may count	72
toward compliance with division (B)(2) of Section 733.10 of Am.	73
Sub. H.B. 59 of the 130th General Assembly, as amended by this	74
act, and the requirements of the versions of sections 3313.48,	75
3313.481, and 3317.01 of the Revised Code in effect prior to July	76
1, 2014.	77

A school district, STEM school, or chartered nonpublic school	78
that makes up, as described in this section, all of the hours or	79
days that its school buildings were closed or evacuated for any of	80
the reasons identified in this section shall be deemed to have	81
complied with the requirements of the versions of sections	82
3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior	83
to July 1, 2014, regarding the number of days schools must be open	84
for instruction and the requirements of the state minimum	85
standards regarding the number of hours there must be in the	86
school day for the 2013-2014 school year.	87

Section 4. (A) Any school district, STEM school established	88
under Chapter 3326. of the Revised Code, or chartered nonpublic	89
school may include in its contingency plan for making up days or	90
hours a school was not open for instruction, for any of the	91
reasons set forth in division (B) of the version of section	92
3317.01 of the Revised Code in effect prior to July 1, 2014,	93
online lessons or paper lesson blizzard bags under section 3313.88	94
of the Revised Code.	95

(B) Notwithstanding anything to the contrary in section	96
3313.88 of the Revised Code, the Department of Education shall	97
accept and consider applications for online lessons and paper	98
lesson blizzard bags under that section for the 2013-2014 school	99
year at any time after August 1, 2013.	100

Section 5. (A) Notwithstanding anything to the contrary in	101
division (B) of the version of section 3317.01 of the Revised Code	102
in effect until July 1, 2014, in section 3321.01 or 3321.04 of the	103
Revised Code, or in any rule of the State Board of Education, for	104
the 2013-2014 school year only, a school district board of	105
education may excuse graduating twelfth-grade students from	106
attendance in school for any days or hours the students' schools	107
are open for instruction after the district's scheduled graduation	108
ceremony, as a result of adding days or hours to the school	109
calendar to make up days or hours the schools were closed that	110
school year for any of the reasons prescribed in division (B) of	111
the version of section 3317.01 of the Revised Code in effect until	112
July 1, 2014, in order to meet the required number of days of	113
instruction prescribed by the versions of sections 3313.48,	114
3313.481, and 3317.01 of the Revised Code in effect prior to July	115
1, 2014. For the purposes of this section, a scheduled graduation	116
ceremony shall include any ceremony designated as a culminating	117
event for twelfth-grade students by the board of education of a	118
joint vocational school district.	119

A school district that excuses graduating twelfth-grade	120
students in accordance with this section shall not be considered	121
to have failed to comply with the versions of sections 3313.48,	122
3313.481, and 3317.01 of the Revised Code in effect prior to July	123
1, 2014.	124

(B) For the 2013-2014 school year, a school district may	125
excuse students in the twelfth grade from attendance in school for	126
any school day prior to the district's scheduled graduation	127
ceremony, only in accordance with division (B) of the version of	128
section 3317.01 of the Revised Code in effect prior to July 1,	129
2014, or the rules on excuses from school attendance adopted by	130
the State Board of Education, or if the students' schools are	131
closed to all students for days or during hours they are scheduled	132
to be open for instruction.	133

Section 6. Since the Superintendent of Public Instruction	134
has extended the period for administering state achievement	135
assessments for grades three through eight for the 2013-2014	136
school year, notwithstanding anything to the contrary in division	137
(G)(2) of section 3301.0711 of the Revised Code, for the 2013-2014	138
school year only, the Superintendent of Public Instruction shall	139
take steps to ensure that the scores for the state assessments	140
prescribed in division (A)(1) of section 3301.0710 of the Revised	141
Code are returned to each school district or school as follows:	142

(A) For the assessments administered to students in the third	143
grade, not later than June 16, 2014;	144

(B) For the assessments administered to students in the	145
fourth, fifth, sixth, seventh, or eighth grade, not later than	146
June 30, 2014.	147

Section 7. A school district, STEM school, or chartered	148
nonpublic school that filed a contingency plan on or prior to	149
September 1, 2013, in accordance with division (A) of former	150
section 3313.482 of the Revised Code, may update that contingency	151
plan at any time during the 2013-2014 school year.	152

Section 8. For a school operated by a county board of	153
developmental disabilities, for the 2013-2014 school year, the	154
Superintendent of Public Instruction may waive compliance with the	155
requirements of the version of section 3313.48 of the Revised Code	156
in effect prior to July 1, 2014, regarding the number of days	157
schools must be open for instruction.	158

Section 9. This act is hereby declared to be an emergency	159
measure necessary for the immediate preservation of the public	160
peace, health, and safety. The reason for the necessity is that	161
immediate action is necessary to address in a timely manner issues	162
related to the waiver and make up of excess calamity days in the	163
2013-2014 school year. Therefore, this act shall go into immediate	164
effect.	165