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Am. Sub. H. B. No. 416 As Enrolled
(130th General Assembly)
(Amended Substitute House Bill Number 416)
AN ACT
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
130th General Assembly be amended to read as follows:
Sec. 733.10. Notwithstanding (A) Except as provided in
division (B) of this section, notwithstanding section 3317.01 of
the Revised Code, as amended by this act Am. Sub. H.B. 59 of the
130th General Assembly, to determine whether a school district or
STEM school established under Chapter 3326. of the Revised Code
satisfied the minimum school year in the 2013-2014 school year in
order to qualify for state funding under Chapter 3317. or 3326. of
the Revised Code for fiscal year 2015, the Department of Education
shall apply the criteria prescribed in the version of division (B)
of section 3317.01 of the Revised Code in effect prior to July 1,
2014.
(B) No school district or STEM school shall be denied
payments under Chapter 3317. or 3326. of the Revised Code for
fiscal year 2015, nor shall a chartered nonpublic school be
determined not in compliance with the state minimum school year,
solely because any school operated by the district, STEM school,
or chartered nonpublic school was open for instruction during the
2013-2014 school year for not more than four days fewer than the
number of days required by the versions of sections 3313.48,
3313.481, and 3317.01 of the Revised Code in effect prior to July
1, 2014, as long as all of the following conditions are satisfied:
(1) The reason the school was not open for the required
number of days was due to any of the reasons set forth in division
(B) of that version of section 3317.01 of the Revised Code.
(2) The district, STEM school, or chartered nonpublic school
has made up at least four days or has invoked plans to make up at
least four days as specified in its contingency plan adopted for
the 2013-2014 school year under former section 3313.482 of the
Revised Code or through other adjustments to the calendar, as
approved by the district board or school governing board.
(3) The district board of education, STEM school governing
body, or chartered nonpublic school governing authority has
affirmed its intention to request the waiver of additional excused
days, as authorized by division (B) of this section, in a
resolution adopted in a regular or special meeting of the board,
governing body, or governing authority.
SECTION 2. That existing Section 733.10 of Am. Sub. H.B. 59
of the 130th General Assembly is hereby repealed.
SECTION 3. Notwithstanding anything to the contrary in the
contingency plan it adopted for the 2013-2014 school year under
division (A) of former section 3313.482 of the Revised Code or
division (B) of the version of section 3317.01 of the Revised Code
in effect prior to July 1, 2014, if during the 2013-2014 school
year a school district, STEM school, or chartered nonpublic school
closes or evacuates any school building for any of the reasons set
forth in division (B) of the version of section 3317.01 of the
Revised Code in effect prior to July 1, 2014, 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, STEM school, or chartered nonpublic school is
unable to meet, for the 2013-2014 school year, the requirements of
the versions of sections 3313.48, 3313.481, and 3317.01 of the
Revised Code in effect prior to July 1, 2014, 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, STEM
school, or chartered nonpublic school may increase the length of
one or more other school days during the 2013-2014 school year 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.
Any instruction time added in increments of one-half hour to
school days occurring on or after January 1, 2014, by a school
district, STEM school, or chartered nonpublic school may count
toward compliance with division (B)(2) of Section 733.10 of Am.
Sub. H.B. 59 of the 130th General Assembly, as amended by this
act, and the requirements of the versions of sections 3313.48,
3313.481, and 3317.01 of the Revised Code in effect prior to July
1, 2014.
A school district, STEM school, or chartered nonpublic school
that makes up, as described in this section, all of the hours or
days that its school buildings were closed or evacuated for any of
the reasons identified in this section shall be deemed to have
complied with the requirements of the versions of sections
3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior
to July 1, 2014, regarding the number of days schools must be open
for instruction and the requirements of the state minimum
standards regarding the number of hours there must be in the
school day for the 2013-2014 school year.
SECTION 4. (A) Any school district, STEM school established
under Chapter 3326. of the Revised Code, or chartered nonpublic
school may include in its contingency plan for making up days or
hours a school was not open for instruction, for any of the
reasons set forth in division (B) of the version of section
3317.01 of the Revised Code in effect prior to July 1, 2014,
online lessons or paper lesson blizzard bags under section 3313.88
of the Revised Code.
(B) Notwithstanding anything to the contrary in section
3313.88 of the Revised Code, the Department of Education shall
accept and consider applications for online lessons and paper
lesson blizzard bags under that section for the 2013-2014 school
year at any time after August 1, 2013.
SECTION 5. (A) Notwithstanding anything to the contrary in
division (B) of the version of section 3317.01 of the Revised Code
in effect until July 1, 2014, in section 3321.01 or 3321.04 of the
Revised Code, or in any rule of the State Board of Education, for
the 2013-2014 school year only, a school district board of
education may excuse graduating twelfth-grade students from
attendance in school for any days or hours the students' schools
are open for instruction after the district's scheduled graduation
ceremony, as a result of adding days or hours to the school
calendar to make up days or hours the schools were closed that
school year for any of the reasons prescribed in division (B) of
the version of section 3317.01 of the Revised Code in effect until
July 1, 2014, in order to meet the required number of days of
instruction prescribed by the versions of sections 3313.48,
3313.481, and 3317.01 of the Revised Code in effect prior to July
1, 2014. For the purposes of this section, a scheduled graduation
ceremony shall include any ceremony designated as a culminating
event for twelfth-grade students by the board of education of a
joint vocational school district.
A school district that excuses graduating twelfth-grade
students in accordance with this section shall not be considered
to have failed to comply with the versions of sections 3313.48,
3313.481, and 3317.01 of the Revised Code in effect prior to July
1, 2014.
(B) For the 2013-2014 school year, a school district may
excuse students in the twelfth grade from attendance in school for
any school day prior to the district's scheduled graduation
ceremony, only in accordance with division (B) of the version of
section 3317.01 of the Revised Code in effect prior to July 1,
2014, or the rules on excuses from school attendance adopted by
the State Board of Education, or if the students' schools are
closed to all students for days or during hours they are scheduled
to be open for instruction.
SECTION 6. Since the Superintendent of Public Instruction
has extended the period for administering state achievement
assessments for grades three through eight for the 2013-2014
school year, notwithstanding anything to the contrary in division
(G)(2) of section 3301.0711 of the Revised Code, for the 2013-2014
school year only, the Superintendent of Public Instruction shall
take steps to ensure that the scores for the state assessments
prescribed in division (A)(1) of section 3301.0710 of the Revised
Code are returned to each school district or school as follows:
(A) For the assessments administered to students in the third
grade, not later than June 16, 2014;
(B) For the assessments administered to students in the
fourth, fifth, sixth, seventh, or eighth grade, not later than
June 30, 2014.
SECTION 7. A school district, STEM school, or chartered
nonpublic school that filed a contingency plan on or prior to
September 1, 2013, in accordance with division (A) of former
section 3313.482 of the Revised Code, may update that contingency
plan at any time during the 2013-2014 school year.
SECTION 8. For a school operated by a county board of
developmental disabilities, for the 2013-2014 school year, the
Superintendent of Public Instruction may waive compliance with the
requirements of the version of section 3313.48 of the Revised Code
in effect prior to July 1, 2014, regarding the number of days
schools must be open for instruction.
SECTION 9. 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 the necessity is that
immediate action is necessary to address in a timely manner issues
related to the waiver and make up of excess calamity days in the
2013-2014 school year. Therefore, this act shall go into immediate
effect.
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