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H. B. No. 36 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Kozlowski, Carey
Cosponsors:
Representatives Boose, Burke, Dovilla, Grossman, Hayes, Johnson, McKenney, Roegner, Rosenberger, Ruhl, Slaby, Stautberg, Stebelton, Thompson, Young, Combs, Balderson, Gonzales, Martin, Baker, Hottinger, Derickson
A BILL
To amend sections 3313.482 and 3317.01 of the Revised
Code to excuse up to five, instead of three,
calamity days for the 2010-2011 school year, to
broaden schools' authority to make up calamity
days by lengthening remaining days in the school
year, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.482 and 3317.01 of the Revised
Code be amended to read as follows:
Sec. 3313.482. (A) Annually, prior to the first day of
September, the board of education of each city, local, and
exempted village school district shall adopt a resolution
specifying a contingency plan under which the district's students
will make up days on which it was necessary to close schools for
any of the reasons specified in division (A)(2) of section 3306.01
and division (B) of section 3317.01 of the Revised Code, if any
such days must be made up in order to comply with the requirements
of that section and sections 3306.01, 3313.48
and, 3313.481, and
3317.01 of the Revised Code. The resolution plan shall provide in
the plan for making up at least five
full school days. The plan
may provide for making up some or all of the days a school is
closed by increasing the length of other school days in the manner
authorized in division (B) of this section. No resolution adopted
pursuant to this division shall conflict with any collective
bargaining agreement into which a board has entered pursuant to
Chapter 4117. of the Revised Code and that is in effect in the
district.
(B) Notwithstanding the content of anything to the contrary
in the contingency plan it adopts under division (A) of this
section, if a school district closes or evacuates any school
building for any of the reasons specified in division (A)(2) of
section 3306.01 and division (B) of section 3317.01 of the Revised
Code, or as a result of a bomb threat or any other report of an
alleged or impending explosion, and if, as a result of the closing
or evacuation, the school district would be unable to meet the
requirements of sections 3306.01, 3313.48, 3313.481, and 3317.01
of the Revised Code regarding the number of days schools must be
open for instruction or the requirements of the state minimum
standards for the school day that are established by the
department of education regarding the number of hours there must
be in the school day, the school district may increase the length
of one or more other school days for the school that was closed or
evacuated, in increments of one-half hour, to make up the number
of hours or days that the school building in question was so
closed or evacuated for the purpose of satisfying the requirements
of those sections regarding the number of days schools must be
open for instruction or the requirements of those standards
regarding the number of hours there must be in the school day.
(C) If a school district closes or evacuates any school
building for any of the reasons specified in division (B) of
section 3317.01 of the Revised Code, and if for that school the
total number of full school days specified in the district's
contingency plan adopted under division (A) of this section is
insufficient to enable the school district to meet the
requirements of sections 3313.48, 3313.481, and 3317.01 of the
Revised Code regarding the number of days schools must be open for
instruction or the requirements of the state minimum standards for
the school day that are established by the department of education
regarding the number of hours there must be in the school day, the
school district may increase the length of one or more other
school days for the school that was closed or evacuated, in
increments of one-half hour, to make up the number of hours or
days that the school building in question was so closed or
evacuated for the purpose of satisfying the requirements of those
sections regarding the number of days schools must be open for
instruction or the requirements of those standards regarding the
number of hours there must be in the school day. The district
shall not be required to actually make up any of the days
specified in the district's contingency plan prior to increasing
the length of one or more school days to make up the shortage of
hours or days caused by the school's closure or evacuation, but in
no case shall the district fail to make up the total number of
full school days specified in the contingency plan in accordance
with that plan.
(D) If a school district closes or evacuates a school
building as a result of a bomb threat or any other report of an
alleged or impending explosion and also closes or evacuates that
school building on a different day for any of the reasons
specified in division (B) of section 3317.01 of the Revised Code,
division (B) of this section applies regarding the closing or
evacuation of the school building as a result of the bomb threat
or report of an alleged or impending explosion and division (C) of
this section applies regarding the closing or evacuation of the
school building for the reason specified in division (B) of
section 3317.01 of the Revised Code.
Notwithstanding the provisions of sections 3313.48, 3313.481,
and 3317.01 of the Revised Code and the requirements of the state
minimum standards for the school day that are established by the
department of education and notwithstanding the content of the
contingency plan it adopts under division (A) of this section
regarding the closing or evacuation of a school building as a
result of a bomb threat or any other report of an alleged or
impending explosion, a A school district that makes up, as
described in this division (B) or (C) of this section, all of the
hours or days that its school buildings were closed or evacuated
for any of the reasons identified in this division (B) or (C) of
this section shall be deemed to have complied with the
requirements of those sections 3306.01, 3313.48, 3313.481, and
3317.01 of the Revised Code regarding the number of days schools
must be open for instruction and the requirements of those the
state minimum standards regarding the number of hours there must
be in the school day.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code, "school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys shall be distributed
pursuant to this chapter without the approval of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June.
The moneys appropriated for each fiscal year shall be distributed
periodically to each school district unless otherwise provided
for. The state board shall submit a yearly distribution plan to
the controlling board at its first meeting in July. The state
board shall submit any proposed midyear revision of the plan to
the controlling board in January. Any year-end revision of the
plan shall be submitted to the controlling board in June. If
moneys appropriated for each fiscal year are distributed other
than monthly, such distribution shall be on the same basis for
each school district.
Except as otherwise provided, payments under this chapter
shall be made only to those school districts in which:
(A) The school district, except for any educational service
center and any joint vocational or cooperative education school
district, levies for current operating expenses at least twenty
mills. Levies for joint vocational or cooperative education school
districts or county school financing districts, limited to or to
the extent apportioned to current expenses, shall be included in
this qualification requirement. School district income tax levies
under Chapter 5748. of the Revised Code, limited to or to the
extent apportioned to current operating expenses, shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for which
such payments are authorized meets the requirement of section
3313.48 or 3313.481 of the Revised Code, with regard to the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment necessary to the school's operation, damage to a
school building, or other temporary circumstances due to utility
failure rendering the school building unfit for school use,
provided that for those school districts operating pursuant to
section 3313.48 of the Revised Code the number of days the school
was actually open for instruction with pupils in attendance and
for individualized parent-teacher conference and reporting periods
is not less than one hundred seventy-five, or for those school
districts operating on a trimester plan the number of days the
school was actually open for instruction with pupils in attendance
not less than seventy-nine days in any trimester, for those school
districts operating on a quarterly plan the number of days the
school was actually open for instruction with pupils in attendance
not less than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in attendance
not less than forty-four days in any pentamester. However, for
fiscal year 2012, the superintendent shall waive two fewer such
days for the 2010-2011 school year.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth grade
students were excused from attendance for up to three days or only
a portion of the kindergarten students were in attendance for up
to three days in order to allow for the gradual orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in which
a board of education initiates a plan of operation pursuant to
section 3313.481 of the Revised Code. The minimum requirements of
this section shall again be applicable to such a district
beginning with the school year commencing the second July
succeeding the initiation of one such plan, and for each school
year thereafter.
A school district shall not be considered to have failed to
comply with this division or section 3313.48 or 3313.481 of the
Revised Code because schools were open for instruction but the
length of the regularly scheduled school day, for any number of
days during the school year, was reduced by not more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which has not conformed with other law and the
rules pursuant thereto, shall not participate in the distribution
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good
and sufficient reason established to the satisfaction of the state
board of education and the state controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Section 2. That existing sections 3313.482 and 3317.01 of the
Revised Code are hereby repealed.
Section 3. 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 is to
provide schools with adequate time to address unavoidable school
closures due to public calamities, such as hazardous weather
conditions, during the current school year. Therefore, this act
shall go into immediate effect.
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