S. B. No. 284 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 284

Senator Coley

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 both of the following conditions are	27
satisfied:	28

(1) 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

(2) The district, STEM school, or chartered nonpublic school	32
(if applicable) has first invoked the make up of days or hours	33
specified in its contingency plan adopted for the 2013-2014 school	34
year under former section 3313.482 of the Revised Code or through	35
other adjustments to the calendar, as approved by the district	36
board or school governing board.	37

Section 2. That existing Section 733.10 of Am. Sub. H.B. 59	38
of the 130th General Assembly is hereby repealed.	39

Section 3. A school district, STEM school established under	40
Chapter 3326. of the Revised Code, or a chartered nonpublic school	41
may apply the provisions of this section after applying the	42
additional excused days for the 2013-2014 school year authorized	43
under Section 733.10 of Am. Sub. H.B. 59 of the 130th General	44
Assembly, as amended by this act.	45

Notwithstanding anything to the contrary in the contingency	46
plan it adopted for the 2013-2014 school year under division (A)	47
of former section 3313.482 of the Revised Code or division (B) of	48
the version of section 3317.01 of the Revised Code in effect prior	49
to July 1, 2014, if during the 2013-2014 school year a school	50
district, STEM school, or chartered nonpublic school closes or	51
evacuates any school building for any of the reasons set forth in	52
division (B) of the version of section 3317.01 of the Revised Code	53
in effect prior to July 1, 2014, or as a result of a bomb threat	54
or any other report of an alleged or impending explosion, and if,	55
as a result of the closing or evacuation, the school district,	56
STEM school, or chartered nonpublic school is unable to meet, for	57
the 2013-2014 school year, the requirements of the versions of	58
sections 3313.48, 3313.481, and 3317.01 of the Revised Code in	59
effect prior to July 1, 2014, regarding the number of days schools	60
must be open for instruction or the requirements of the state	61
minimum standards for the school day that are established by the	62
Department of Education regarding the number of hours there must	63
be in the school day, the school district, STEM school, or	64
chartered nonpublic school may increase the length of one or more	65
other school days during the 2013-2014 school year for the school	66
that was closed or evacuated, in increments of one-half hour, to	67
make up the number of hours or days that the school building in	68
question was so closed or evacuated for the purpose of satisfying	69
the requirements of those sections.	70

A school district, STEM school, or chartered nonpublic school	71
that makes up, as described in this section, all of the hours or	72
days that its school buildings were closed or evacuated for any of	73
the reasons identified in this section shall be deemed to have	74
complied with the requirements of the versions of sections	75
3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior	76
to July 1, 2014, regarding the number of days schools must be open	77
for instruction and the requirements of the state minimum	78
standards regarding the number of hours there must be in the	79
school day for the 2013-2014 school year.	80

Section 4. (A) Any school district, STEM school established	81
under Chapter 3326. of the Revised Code, or chartered nonpublic	82
school may include in its contingency plan for making up days or	83
hours a school was not open for instruction, for any of the	84
reasons set forth in division (B) of the version of section	85
3317.01 of the Revised Code in effect prior to July 1, 2014,	86
online lessons or paper lesson blizzard bags under section 3313.88	87
of the Revised Code.	88

(B) Notwithstanding anything to the contrary in section	89
3313.88 of the Revised Code, the Department of Education shall	90
accept and consider applications for online lessons and paper	91
lesson blizzard bags under that section for the 2013-2014 school	92
year at any time after August 1, 2013.	93

Section 5. (A) Notwithstanding anything to the contrary in	94
division (B) of the version of section 3317.01 of the Revised Code	95
in effect until July 1, 2014, in section 3321.01 or 3321.04 of the	96
Revised Code, or in any rule of the State Board of Education, for	97
the 2013-2014 school year only, a school district board of	98
education may excuse graduating twelfth-grade students from	99
attendance in school for any days or hours the students' schools	100
are open for instruction after the district's scheduled graduation	101
ceremony, as a result of adding days or hours to the school	102
calendar to make up days or hours the schools were closed that	103
school year for any of the reasons prescribed in division (B) of	104
the version of section 3317.01 of the Revised Code in effect until	105
July 1, 2014, in order to meet the required number of days of	106
instruction prescribed by the versions of sections 3313.48,	107
3313.481, and 3317.01 of the Revised Code in effect prior to July	108
1, 2014. For the purposes of this section, a scheduled graduation	109
ceremony shall include any ceremony designated as a culminating	110
event for twelfth-grade students by the board of education of a	111
joint vocational school district.	112

A school district that excuses graduating twelfth-grade	113
students in accordance with this section shall not be considered	114
to have failed to comply with the versions of sections 3313.48,	115
3313.481, and 3317.01 of the Revised Code in effect prior to July	116
1, 2014.	117

(B) For the 2013-2014 school year, a school district may	118
excuse students in the twelfth grade from attendance in school for	119
any school day prior to the district's scheduled graduation	120
ceremony, only in accordance with division (B) of the version of	121
section 3317.01 of the Revised Code in effect prior to July 1,	122
2014, or the rules on excuses from school attendance adopted by	123
the State Board of Education, or if the students' schools are	124
closed to all students for days or during hours they are scheduled	125
to be open for instruction.	126

Section 6. Since the Superintendent of Public Instruction	127
has extended the period for administering state achievement	128
assessments for grades three through eight for the 2013-2014	129
school year, notwithstanding anything to the contrary in division	130
(G)(2) of section 3301.0711 of the Revised Code, for the 2013-2014	131
school year only, the Superintendent of Public Instruction shall	132
take steps to ensure that the scores for the state assessments	133
prescribed in division (A)(1) of section 3301.0710 of the Revised	134
Code are returned to each school district or school as follows:	135

(A) For the assessments administered to students in the third	136
grade, not later than June 16, 2014;	137

(B) For the assessments administered to students in the	138
fourth, fifth, sixth, seventh, or eighth grade, not later than	139
June 30, 2014.	140

Section 7. A school district, STEM school, or chartered	141
nonpublic school that filed a contingency plan on or prior to	142
September 1, 2013, in accordance with division (A) of former	143
section 3313.482 of the Revised Code, may update that contingency	144
plan at any time during the 2013-2014 school year.	145

Section 8. This act is hereby declared to be an emergency	146
measure necessary for the immediate preservation of the public	147
peace, health, and safety. The reason for the necessity is that	148
immediate action is necessary to address in a timely manner issues	149
related to the waiver and make up of excess calamity days in the	150
2013-2014 school year. Therefore, this act shall go into immediate	151
effect.	152