Am. H. B. No. 416 As Reported by the House Education Committee

As Reported by the House Education Committee

130th General Assembly

Regular Session

2013-2014

Am. 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

A BILL

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

130th General Assembly to permit up to four

additional school "calamity" days in the 2013-2014

school year; to authorize, for the 2013-2014

school year, schools to make up in half-hour

increments "calamity" days missed in excess of the

number of days permitted by law; 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	9
130th General Assembly be amended to read as follows:	10

Sec. 733.10. Notwithstanding section 3317.01 of the Revised	11
Code, as amended by ~~this act~~Am. Sub. H.B. 59 of the 130th General	12
Assembly, to determine whether a school district or STEM school	13
established under Chapter 3326. of the Revised Code satisfied the	14
minimum school year in the 2013-2014 school year in order to	15
qualify for state funding under Chapter 3317. or 3326. of the	16
Revised Code for fiscal year 2015, the Department of Education	17
shall apply the criteria prescribed in the version of division (B)	18
of section 3317.01 of the Revised Code in effect prior to July 1,	19
2014. However, no school district or STEM school shall be denied	20
payments under Chapter 3317. or 3326. of the Revised Code for	21
fiscal year 2015, nor shall a chartered nonpublic school be	22
determined not in compliance with the state minimum school year,	23
solely because any school operated by the district, STEM school,	24
or chartered nonpublic school was open for instruction during the	25
2013-2014 school year for not more than four days fewer than the	26
number of days required by the versions of sections 3313.48,	27
3313.481, and 3317.01 of the Revised Code in effect prior to July	28
1, 2014, if the reason the school was not open for the required	29
number of days was due to any of the reasons set forth in division	30
(B) of that version of section 3317.01 of the Revised Code.	31

Section 2. That existing Section 733.10 of Am. Sub. H.B. 59	32
of the 130th General Assembly is hereby repealed.	33

Section 3. For determining payments for fiscal years 2014	34
and 2015, the Department of Education shall continue to waive the	35
number of hours or days of learning opportunities not offered to a	36
student by a community school, established under Chapter 3314. of	37
the Revised Code, for the reasons set forth in division (H)(4) of	38
section 3314.08 of the Revised Code, so long as the school was	39
actually open for instruction with students in attendance for not	40
less than the minimum hours required under Chapter 3314. of the	41
Revised Code.	42

Section 4. A school district, STEM school established under	43
Chapter 3326. of the Revised Code, or a chartered nonpublic school	44
may apply the provisions of this section after applying the	45
additional excused days for the 2013-2014 school year authorized	46
under Section 733.10 of Am. Sub. H.B. 59 of the 130th General	47
Assembly, as amended by this act.	48

Notwithstanding anything to the contrary in the contingency	49
plan it adopted for the 2013-2014 school year under division (A)	50
of former section 3313.482 of the Revised Code or division (B) of	51
the version of section 3317.01 of the Revised Code in effect prior	52
to July 1, 2014, if during the 2013-2014 school year a school	53
district, STEM school, or chartered nonpublic school closes or	54
evacuates any school building for any of the reasons set forth in	55
division (B) of the version of section 3317.01 of the Revised Code	56
in effect prior to July 1, 2014, or as a result of a bomb threat	57
or any other report of an alleged or impending explosion, and if,	58
as a result of the closing or evacuation, the school district,	59
STEM school, or chartered nonpublic school is unable to meet, for	60
the 2013-2014 school year, the requirements of the versions of	61
sections 3313.48, 3313.481, and 3317.01 of the Revised Code in	62
effect prior to July 1, 2014, regarding the number of days schools	63
must be open for instruction or the requirements of the state	64
minimum standards for the school day that are established by the	65
Department of Education regarding the number of hours there must	66
be in the school day, the school district, STEM school, or	67
chartered nonpublic school may increase the length of one or more	68
other school days during the 2013-2014 school year for the school	69
that was closed or evacuated, in increments of one-half hour, to	70
make up the number of hours or days that the school building in	71
question was so closed or evacuated for the purpose of satisfying	72
the requirements of those sections.	73

A school district, STEM school, or chartered nonpublic school	74
that makes up, as described in this section, all of the hours or	75
days that its school buildings were closed or evacuated for any of	76
the reasons identified in this section shall be deemed to have	77
complied with the requirements of the versions of sections	78
3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior	79
to July 1, 2014, regarding the number of days schools must be open	80
for instruction and the requirements of the state minimum	81
standards regarding the number of hours there must be in the	82
school day for the 2013-2014 school year.	83

Section 5. This act is hereby declared to be an emergency	84
measure necessary for the immediate preservation of the public	85
peace, health, and safety. The reason for the necessity is that	86
immediate action is necessary to avoid delays in payments to	87
schools that exceeded the number of permitted calamity days in the	88
2013-2014 school year because of a public calamity. Therefore,	89
this act shall go into immediate effect.	90