As winter break approaches and the countdown to the New Year is officially underway, all of the signs of the season are here – twinkling lights, chilly mornings, and the occasional snowflake (or snowstorm!). While students may be dreaming of sledding and hot cocoa, school districts are busy preparing for winter weather and the possibility of school closings.
’Tis the season for a reminder of how winter weather and school closings impact the school year.
Statutory Considerations
Ohio law requires school districts to meet minimum annual instructional hour requirements rather than a specific number of school days. School districts must provide at least:
1,001 hours for grades 7–12
910 hours for grades K–6
455 hours for kindergarten students enrolled half-time
Districts must ensure that any school closures – whether due to weather, utility failure, or other emergency/calamity – do not result in falling below these minimum instructional thresholds. Most school districts far exceed the minimum number of hours required for the year; however, districts that have shortened their student day or year, or districts who pushed back their typical start (for example, building construction delays) may need to be more mindful of minimum hour requirements and plan for making up instructional hours lost due to closure.
Effective the 2023-2024 school year, Ohio repealed the option of making up instructional hours for the equivalent of up to three (3) days via “blizzard bags” or online lessons (part of the 2023 Budget Bill; HB 33) and instead created new requirements for making up hours lost due to calamity closure(s) in the form of plan for a virtual education delivery model.
Each virtual education 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 and must be adopted by August 1 regardless of whether the district intends on using the plan:
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 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 nor required to adopt the above-described plan.
Collective Bargaining Considerations
While state law establishes certain requirements related to school closures and the make-up of instructional hours, collective bargaining agreements (CBAs) may further impact how calamity days and online instruction are implemented.
For example, CBAs may address:
Whether calamity days are considered paid workdays
Staff reporting requirements during closures
Teacher responsibilities related to online instruction
Limits on assigning online instruction or work-from-home duties
Make-up day expectations, including calendar extensions
Districts must ensure that any action taken to address calamity days or online/remote instruction complies not only with state law, but also with the terms of negotiated agreements.
Happy Holidays!