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 

A BILL
To amend Section 733.10 of Am. Sub. H.B. 59 of the 1
130th General Assembly to permit up to two 2
additional school "calamity" days in the 2013-2014 3
school year; to authorize, for the 2013-2014 4
school year, schools to make up in half-hour 5
increments "calamity" days missed in excess of the 6
number of days permitted by law; to permit the 7
Superintendent of Public Instruction to delay the 8
return of the student scores for the elementary 9
state achievement assessments for the 2013-2014 10
school year; to permit school districts to hold up 11
to two additional in-service days for the 12
2013-2014 school year; and to declare an 13
emergency.14


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