Today ODE issued anticipated guidance on virtual learning plans, instructional hours, and student attendance during this period of school building closure for students due to COVID-19.
Instructional Hours and Virtual Learning Plans
ODE reiterated that minimum instructional hours for students have not been waived, and remain as follows:
455 hours for students in half-day kindergarten.
910 hours for students in full-day kindergarten through grade 6.
1,001 hours for students in grades 7-12.
In order to meet these hours, HB 197 allows schools to utilize Ohio Revised Code 3313.482 in order to make up hours through virtual learning/blizzard bags for the school days in which buildings are closed to students. Many districts had questions about whether their virtual instructional hours would “count” under HB 197 and ORC 3313.482.
ODE explained in its guidance that:
Districts should adopt or amend their virtual learning plans, per ORC 3313.482, to address “the longer-term reality of the ordered school-building closure.”
In their plans, districts may include the full range of remote learning strategies being used, including online learning.
ODE interprets ORC 3313.482 to provide “some extended student assignment deadlines during short-term closures,” but that during this long-term closure “districts should maintain flexibility to address assignment completion deadlines based on local needs.”
ODE again stated schools should not shorten their school years.
Districts and schools must continue to report EMIS data.
The EMIS reporting instructions will be updated to re-purpose the code previously used only for calamity days to now mean: (1) calamity days prior to March 1, 2020, and (2) days closed due to ordered school-building closure after March 1, 2020.
Any true calamity days (e.g., snow days) after March 1, 2020 until the end of the 2019-2020 school year should be reported, per the updated EMIS instructions, with a different EMIS code to differentiate those days from ordered closure days.
For each day a school “takes advantage of the flexibility and makes a good faith effort to offer instructional programming to students," the time should be reported in EMIS using the “blizzard bag” code. Those hours will count toward meeting the state minimum hours.
For each day a school's flexible plan is in place, the school may count the instructional hours that were originally planned for that day toward the instructional hours requirement.
For any day the district does not make a good faith effort to offer instruction to its students, the district should report the day as a true calamity day (using the new EMIS code).
Based on this guidance, for those districts that have made a good-faith effort to provide instructional programming to students during this closure period, again, ODE indicates those hours will count for the full amount of instructional hours originally planned for that day. This interpretation should bring some relief to districts concerned about specific and awkward aspects of ORC 3313.482 - for example, whether ODE would require the specific short-term grading criteria/timelines in the law to be met during this period of long-term closure.
Student Attendance
ODE reiterated that students will be deemed to be in attendance during the non-spring-break periods included in the ordered school-building closure. However, ODE further indicated that this does not negate responsibility for student attendance:
It is expected that “districts and schools are making a good faith effort, using processes and strategies within their capabilities, to ensure students are regularly participating in educational opportunities and are provided with supports when needed.”
ODE acknowledged this period of closure disproportionately impacts disadvantaged students for a variety of reasons, and therefore staff should attempt to regularly make contact with students, especially those who are not participating, and districts should have a process in place to do so.
Students will not accrue absence hours toward truancy. Therefore they will not be placed on formal absence intervention plans.
Students with absence intervention plans in place prior to the ordered school-building closure should be provided supports outlined in the plan to the extent possible. Alternative means of contact can be used (e.g., video chat, email, etc.).
At the end of the 60-day period, the district’s absence intervention team must determine if the student made “satisfactory progress” and if it will choose to file a truancy complaint with the county juvenile court. “Satisfactory progress” should be considered based on individual student needs and account for barriers the student may have faced during this time period.
With this guidance, ODE seeks to offer flexibility to districts given these unique and challenging times.