ODE Issues Guidance on Budget Bill Changes to Instruction During Calamity Closures
In years past (pre-COVID), public school districts were provided with the option of adopting a plan to make up hours lost due to calamity days - specifically, the equivalent of three days via “blizzard bags,” or online lessons. If a district used this option, it was required to adopt a plan before August 1, collaborate with the union regarding the plan, and finalize all lessons to be completed on or before November 1, among other requirements.
Ohio House Bill 33 (i.e., the Budget Bill) repealed the above process and, instead, created new requirements for making up hours of instruction lost due to calamity closure(s) in the form of a virtual education delivery model.
While HB 33 includes an August 1 deadline for school districts to adopt a plan to provide instruction through a virtual education delivery model, HB 33 is not effective until October 3, 2023, after the August 1 deadline. Given the lack of direction HB 33 provides school districts regarding a virtual option for make-up hours for this school year, ODE issued guidance yesterday encouraging school districts to adopt a plan no later than November 1, 2023. Seemingly, the August 1 deadline for the 2023-2024 school year will be extended until November 1.
Each plan may account for online instruction for a maximum number of hours that are equivalent to three school days.
The plan adopted by a school district is specifically required to contain each of the following:
A statement that the school, to the extent possible, will provide for teacher-directed synchronous learning in which the teacher and students are interacting in real time on a virtual learning platform during the closure.
The qualifying school's attendance requirements, including how the school will document participation in learning opportunities and how the school will reach out to students to ensure engagement during the closure.
A description of how equitable access to quality instruction will be ensured, including how the school will address the needs of students with disabilities, English learners, and other vulnerable student populations.
The process the school will use to notify staff, students, and parents that the school will be using online delivery of instruction.
Information on contacting teachers by telephone, electronic mail, or a virtual learning platform during the closure.
A description of how the school will meet the needs of staff and students regarding internet connectivity and technology for online delivery of instruction.
Similar to the former “blizzard bags” plan, this plan must include the written consent of the teachers’ union.
Please note that any school that uses an online learning school or blended learning model in accordance with sections 3302.41 and 3302.42 of the Ohio Revised Code is not permitted to adopt the above-described plan.
Auditor Releases Levy Guidance
Yesterday, the Auditor of State’s office (“AOS”) released highly anticipated levy guidance that includes information to support public school districts with levy and bond issue campaign compliance. The guidance document addresses a variety of topics of interest for board members, school officials, and administrators concerning what the AOS may deem permissible (or impermissible) campaign activities.
We will continue to provide you with additional information and updates regarding the AOS’s guidance and other developments related to HB 33, but if you have any immediate questions or concerns, please do not hesitate to contact us directly.