Sub. H. B. No. 416 As Reported by the Senate Education Committee

As Reported by the Senate Education Committee

130th General Assembly

Regular Session

2013-2014

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

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
(if applicable) has first invoked the make up of days or hours	32
specified in its contingency plan adopted for the 2013-2014 school	33
year under former section 3313.482 of the Revised Code or through	34
other adjustments to the calendar, as approved by the district	35
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. A school district, STEM school established under	45
Chapter 3326. of the Revised Code, or a chartered nonpublic school	46
may apply the provisions of this section after applying the	47
additional excused days for the 2013-2014 school year authorized	48
under Section 733.10 of Am. Sub. H.B. 59 of the 130th General	49
Assembly, as amended by this act.	50

Notwithstanding anything to the contrary in the contingency	51
plan it adopted for the 2013-2014 school year under division (A)	52
of former section 3313.482 of the Revised Code or division (B) of	53
the version of section 3317.01 of the Revised Code in effect prior	54
to July 1, 2014, if during the 2013-2014 school year a school	55
district, STEM school, or chartered nonpublic school closes or	56
evacuates any school building for any of the reasons set forth in	57
division (B) of the version of section 3317.01 of the Revised Code	58
in effect prior to July 1, 2014, or as a result of a bomb threat	59
or any other report of an alleged or impending explosion, and if,	60
as a result of the closing or evacuation, the school district,	61
STEM school, or chartered nonpublic school is unable to meet, for	62
the 2013-2014 school year, the requirements of the versions of	63
sections 3313.48, 3313.481, and 3317.01 of the Revised Code in	64
effect prior to July 1, 2014, regarding the number of days schools	65
must be open for instruction or the requirements of the state	66
minimum standards for the school day that are established by the	67
Department of Education regarding the number of hours there must	68
be in the school day, the school district, STEM school, or	69
chartered nonpublic school may increase the length of one or more	70
other school days during the 2013-2014 school year for the school	71
that was closed or evacuated, in increments of one-half hour, to	72
make up the number of hours or days that the school building in	73
question was so closed or evacuated for the purpose of satisfying	74
the requirements of those sections.	75

A school district, STEM school, or chartered nonpublic school	76
that makes up, as described in this section, all of the hours or	77
days that its school buildings were closed or evacuated for any of	78
the reasons identified in this section shall be deemed to have	79
complied with the requirements of the versions of sections	80
3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior	81
to July 1, 2014, regarding the number of days schools must be open	82
for instruction and the requirements of the state minimum	83
standards regarding the number of hours there must be in the	84
school day for the 2013-2014 school year.	85

Section 4. (A) Any school district, STEM school established	86
under Chapter 3326. of the Revised Code, or chartered nonpublic	87
school may include in its contingency plan for making up days or	88
hours a school was not open for instruction, for any of the	89
reasons set forth in division (B) of the version of section	90
3317.01 of the Revised Code in effect prior to July 1, 2014,	91
online lessons or paper lesson blizzard bags under section 3313.88	92
of the Revised Code.	93

(B) Notwithstanding anything to the contrary in section	94
3313.88 of the Revised Code, the Department of Education shall	95
accept and consider applications for online lessons and paper	96
lesson blizzard bags under that section for the 2013-2014 school	97
year at any time after August 1, 2013.	98

Section 5. (A) Notwithstanding anything to the contrary in	99
division (B) of the version of section 3317.01 of the Revised Code	100
in effect until July 1, 2014, in section 3321.01 or 3321.04 of the	101
Revised Code, or in any rule of the State Board of Education, for	102
the 2013-2014 school year only, a school district board of	103
education may excuse graduating twelfth-grade students from	104
attendance in school for any days or hours the students' schools	105
are open for instruction after the district's scheduled graduation	106
ceremony, as a result of adding days or hours to the school	107
calendar to make up days or hours the schools were closed that	108
school year for any of the reasons prescribed in division (B) of	109
the version of section 3317.01 of the Revised Code in effect until	110
July 1, 2014, in order to meet the required number of days of	111
instruction prescribed by the versions of sections 3313.48,	112
3313.481, and 3317.01 of the Revised Code in effect prior to July	113
1, 2014. For the purposes of this section, a scheduled graduation	114
ceremony shall include any ceremony designated as a culminating	115
event for twelfth-grade students by the board of education of a	116
joint vocational school district.	117

A school district that excuses graduating twelfth-grade	118
students in accordance with this section shall not be considered	119
to have failed to comply with the versions of sections 3313.48,	120
3313.481, and 3317.01 of the Revised Code in effect prior to July	121
1, 2014.	122

(B) For the 2013-2014 school year, a school district may	123
excuse students in the twelfth grade from attendance in school for	124
any school day prior to the district's scheduled graduation	125
ceremony, only in accordance with division (B) of the version of	126
section 3317.01 of the Revised Code in effect prior to July 1,	127
2014, or the rules on excuses from school attendance adopted by	128
the State Board of Education, or if the students' schools are	129
closed to all students for days or during hours they are scheduled	130
to be open for instruction.	131

Section 6. Since the Superintendent of Public Instruction	132
has extended the period for administering state achievement	133
assessments for grades three through eight for the 2013-2014	134
school year, notwithstanding anything to the contrary in division	135
(G)(2) of section 3301.0711 of the Revised Code, for the 2013-2014	136
school year only, the Superintendent of Public Instruction shall	137
take steps to ensure that the scores for the state assessments	138
prescribed in division (A)(1) of section 3301.0710 of the Revised	139
Code are returned to each school district or school as follows:	140

(A) For the assessments administered to students in the third	141
grade, not later than June 16, 2014;	142

(B) For the assessments administered to students in the	143
fourth, fifth, sixth, seventh, or eighth grade, not later than	144
June 30, 2014.	145

Section 7. A school district, STEM school, or chartered	146
nonpublic school that filed a contingency plan on or prior to	147
September 1, 2013, in accordance with division (A) of former	148
section 3313.482 of the Revised Code, may update that contingency	149
plan at any time during the 2013-2014 school year.	150

Section 8. This act is hereby declared to be an emergency	151
measure necessary for the immediate preservation of the public	152
peace, health, and safety. The reason for the necessity is that	153
immediate action is necessary to address in a timely manner issues	154
related to the waiver and make up of excess calamity days in the	155
2013-2014 school year. Therefore, this act shall go into immediate	156
effect.	157