Bill Text: OH HB416 | 2013-2014 | 130th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 24-8)

Status: (Passed) 2014-03-26 - Effective Date [HB416 Detail]

Download: Ohio-2013-HB416-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 416

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 

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A BILL

To amend Section 733.10 of Am. Sub. H.B. 59 of the

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130th General Assembly to permit up to two

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additional school "calamity" days in the 2013-2014

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school year; to authorize, for the 2013-2014

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school year, schools to make up in half-hour

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increments "calamity" days missed in excess of the

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number of days permitted by law; to permit the

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Superintendent of Public Instruction to delay the

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return of the student scores for the elementary

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state achievement assessments for the 2013-2014

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school year; to permit school districts to hold up

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to two additional in-service days for the

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2013-2014 school year; and to declare an

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emergency.

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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	15
130th General Assembly be amended to read as follows:	16

Sec. 733.10. Notwithstanding section 3317.01 of the Revised	17
Code, as amended by this actAm. Sub. H.B. 59 of the 130th General	18
Assembly, to determine whether a school district or STEM school	19
established under Chapter 3326. of the Revised Code satisfied the	20
minimum school year in the 2013-2014 school year in order to	21
qualify for state funding under Chapter 3317. or 3326. of the	22
Revised Code for fiscal year 2015, the Department of Education	23
shall apply the criteria prescribed in the version of division (B)	24
of section 3317.01 of the Revised Code in effect prior to July 1,	25
2014. However, no school district or STEM school shall be denied	26
payments under Chapter 3317. or 3326. of the Revised Code for	27
fiscal year 2015, nor shall a chartered nonpublic school be	28
determined not in compliance with the state minimum school year,	29
solely because any school operated by the district, STEM school,	30
or chartered nonpublic school was open for instruction during the	31
2013-2014 school year for not more than two days fewer than the	32
number of days required by the versions of sections 3313.48,	33
3313.481, and 3317.01 of the Revised Code in effect prior to July	34
1, 2014, if the reason the school was not open for the required	35
number of days was due to any of the reasons set forth in division	36
(B) of that version of section 3317.01 of the Revised Code.	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.  For determining payments for fiscal years 2014	40
and 2015, the Department of Education shall continue to waive the	41
number of hours or days of learning opportunities not offered to a	42
student by a community school, established under Chapter 3314. of	43
the Revised Code, for the reasons set forth in division (H)(4) of	44
section 3314.08 of the Revised Code, so long as the school was	45
actually open for instruction with students in attendance for not	46
less than the minimum hours required under Chapter 3314. of the	47
Revised Code.	48

Section 4. A school district, STEM school established under	49
Chapter 3326. of the Revised Code, or a chartered nonpublic school	50
may apply the provisions of this section after applying the	51
additional excused days for the 2013-2014 school year authorized	52
under Section 733.10 of Am. Sub. H.B. 59 of the 130th General	53
Assembly, as amended by this act.	54

Notwithstanding anything to the contrary in the contingency	55
plan it adopted for the 2013-2014 school year under division (A)	56
of former section 3313.482 of the Revised Code or division (B) of	57
the version of section 3317.01 of the Revised Code in effect prior	58
to July 1, 2014, if during the 2013-2014 school year a school	59
district, STEM school, or chartered nonpublic school closes or	60
evacuates any school building for any of the reasons set forth in	61
division (B) of the version of section 3317.01 of the Revised Code	62
in effect prior to July 1, 2014, or as a result of a bomb threat	63
or any other report of an alleged or impending explosion, and if,	64
as a result of the closing or evacuation, the school district,	65
STEM school, or chartered nonpublic school is unable to meet, for	66
the 2013-2014 school year, the requirements of the versions of	67
sections 3313.48, 3313.481, and 3317.01 of the Revised Code in	68
effect prior to July 1, 2014, regarding the number of days schools	69
must be open for instruction or the requirements of the state	70
minimum standards for the school day that are established by the	71
Department of Education regarding the number of hours there must	72
be in the school day, the school district, STEM school, or	73
chartered nonpublic school may increase the length of one or more	74
other school days during the 2013-2014 school year for the school	75
that was closed or evacuated, in increments of one-half hour, to	76
make up the number of hours or days that the school building in	77
question was so closed or evacuated for the purpose of satisfying	78
the requirements of those sections.	79

A school district, STEM school, or chartered nonpublic school	80
that makes up, as described in this section, all of the hours or	81
days that its school buildings were closed or evacuated for any of	82
the reasons identified in this section shall be deemed to have	83
complied with the requirements of the versions of sections	84
3313.48, 3313.481, and 3317.01 of the Revised Code in effect prior	85
to July 1, 2014, regarding the number of days schools must be open	86
for instruction and the requirements of the state minimum	87
standards regarding the number of hours there must be in the	88
school day for the 2013-2014 school year.	89

Section 5. Notwithstanding anything to the contrary in	90
division (G)(2) of section 3301.0711 of the Revised Code, for the	91
2013-2014 school year only, the Superintendent of Public	92
Instruction shall take steps to ensure that the scores for the	93
state assessments prescribed in division (A)(1) of section	94
3301.0710 of the Revised Code are returned to each school district	95
or school as follows:	96

(A) For the assessments administered to students in the third	97
grade, not later than June 16, 2014;	98

(B) For the assessments administered to students in the	99
fourth, fifth, sixth, seventh, or eighth grade, not later than	100
June 27, 2014.	101

Section 6. Notwithstanding anything to the contrary in the	102
contingency plan it adopted for the 2013-2014 school year under	103
division (A) of former section 3313.482 of the Revised Code or	104
division (B) of the version of section 3317.01 of the Revised Code	105
in effect prior to July 1, 2014, for the 2013-2014 school year, a	106
school district, STEM school established under Chapter 3326. of	107
the Revised Code, or chartered nonpublic school may hold up to two	108
additional days for in-service training programs for the	109
district's or school's teachers and nonteaching employees during	110
days the school is otherwise not scheduled to be open for	111
instruction, to make up days schools were closed for any of the	112
reasons prescribed in division (B) of the version of section	113
3317.01 of the Revised Code in effect prior to July 1, 2014, as	114
necessary in order to comply with the minimum school year	115
requirements of the version of section 3313.48 of the Revised Code	116
in effect prior to July 1, 2014. A school district or school that	117
holds the additional days for in-service training programs in the	118
manner prescribed by this section shall be deemed to have complied	119
with the requirements of the versions of sections 3313.48,	120
3313.481, and 3317.01 of the Revised Code in effect prior to July	121
1, 2014, regarding the number of days schools must be open for	122
instruction for the 2013-2014 school year.	123

Section 7. This act is hereby declared to be an emergency	124
measure necessary for the immediate preservation of the public	125
peace, health, and safety. The reason for the necessity is that	126
immediate action is necessary to address in a timely manner issues	127
related to the waiver and make up of excess calamity days in the	128
2013-2014 school year. Therefore, this act shall go into immediate	129
effect.	130