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Am. H. B. No. 416 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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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
A BILL
To amend Section 733.10 of Am. Sub. H.B. 59 of the
130th General Assembly to permit up to two
additional school "calamity" days in the 2013-2014
school year; to authorize, for the 2013-2014
school year, schools to make up in half-hour
increments "calamity" days missed in excess of the
number of days permitted by law; to permit the
Superintendent of Public Instruction to delay the
return of the student scores for the elementary
state achievement assessments for the 2013-2014
school year; to permit school districts to hold up
to two additional in-service days for the
2013-2014 school year; 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 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. However, 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 two 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, if 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.
Section 2. That existing Section 733.10 of Am. Sub. H.B. 59
of the 130th General Assembly is hereby repealed.
Section 3. For determining payments for fiscal years 2014
and 2015, the Department of Education shall continue to waive the
number of hours or days of learning opportunities not offered to a
student by a community school, established under Chapter 3314. of
the Revised Code, for the reasons set forth in division (H)(4) of
section 3314.08 of the Revised Code, so long as the school was
actually open for instruction with students in attendance for not
less than the minimum hours required under Chapter 3314. of the
Revised Code.
Section 4. A school district, STEM school established under
Chapter 3326. of the Revised Code, or a chartered nonpublic school
may apply the provisions of this section after applying the
additional excused days for the 2013-2014 school year authorized
under Section 733.10 of Am. Sub. H.B. 59 of the 130th General
Assembly, as amended by this act.
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.
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 5. 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 27, 2014.
Section 6. 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, for the 2013-2014 school year, a
school district, STEM school established under Chapter 3326. of
the Revised Code, or chartered nonpublic school may hold up to two
additional days for in-service training programs for the
district's or school's teachers and nonteaching employees during
days the school is otherwise not scheduled to be open for
instruction, to make up days schools were closed for any of the
reasons prescribed in division (B) of the version of section
3317.01 of the Revised Code in effect prior to July 1, 2014, as
necessary in order to comply with the minimum school year
requirements of the version of section 3313.48 of the Revised Code
in effect prior to July 1, 2014. A school district or school that
holds the additional days for in-service training programs in the
manner prescribed by 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 for the 2013-2014 school year.
Section 7. 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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