130th Ohio General Assembly
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S. B. No. 71  As Passed by the Senate
As Passed by the Senate

126th General Assembly
Regular Session
2005-2006
S. B. No. 71


Senators Wilson, Brady, Schuring, Clancy, Fingerhut, Zurz, Roberts, Carey, Fedor, Padgett, Miller, Niehaus 



A BILL
To permit certain school districts and nonpublic schools located in areas flooded during the 2004-2005 school year to count time that schools are in session beyond the required minimum number of hours in order to make up "calamity days" missed in excess of the number of days permitted by law and the number of days specified in their contingency plans, and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) This section applies only to a city, exempted village, local, or joint vocational school district or nonpublic school that was closed due to flooding at any time during the 2004-2005 school year, for which flooding the Governor declared an emergency in the county in which the district or nonpublic school is located or the Governor or President of the United States declared that county a disaster area.
(B) A school district or nonpublic school to which this section applies shall not be considered to have failed to comply with division (B) of section 3317.01 of the Revised Code or the state minimum standards during the 2004-2005 school year because a school was closed due to any public calamity, as provided in section 3317.01 of the Revised Code, for a number of days exceeding the number permitted under sections 3313.48, 3313.481, and 3317.01 of the Revised Code, if both of the following apply:
(1) In the case of a school district, the district makes up the number of days specified in its contingency plan adopted under division (A) of section 3313.482 of the Revised Code in accordance with that plan or, in the case of a nonpublic school, the school makes up the number of days specified in any contingency plan adopted by the school's governing authority in accordance with that plan;
(2) During the period beginning on February 1, 2005, the school was open for instruction for more hours than the required number of hours on a sufficient number of days to make up all remaining days a school was closed in excess of the number permitted by sections 3313.48, 3313.481, and 3317.01 of the Revised Code due to any public calamity.
As used in this section, the "required number of hours" for any school district is five hours per day in the case of students in grades one through six and five and one-half hours per day in the case of students in grades seven through twelve, and for any nonpublic school is five hours per day for students in grades one through twelve. A public school or school district shall be deemed to have "made up" a day under division (B)(2) of this section for each additional five hours its students in grades one through six are in attendance on and after February 1, 2005, and for each additional five and one-half hours its students in grades seven through twelve are in attendance on and after February 1, 2005. A nonpublic school shall be deemed to have "made up" a day under division (B) of this section for each additional five hours its students in grades one through twelve are in attendance on and after February 1, 2005.
Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity lies in the fact that immediate action is needed to provide school districts and nonpublic schools an alternative way to make up days missed in the current school year due to a public calamity in excess of the number permitted by law in order to account for an unusually high number of days missed in the school year due to flooding. Therefore, this act shall go into immediate effect.
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