Summary of HB2910/SB1693 as amended and as passed legislature.

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SB 1693 public school closures; coronavirus disease (Fann)
HB 2910 public school closures; coronavirus disease (Bowers)

If the statewide school closure of schools is lifted before March 29th all of the following apply:
• Specifies that public schools must continue paying all employees, including hourly employees, from March 16 – March 29th if the employee is committed to being available to work during the employee’s normal work hours.
• The public school may not require any employee to use accrued vacation or sick leave for the duration of the closure.
• Schools are not required to add additional days or additional instructional hour requirements to make up for time missed time during the closure.
• The statewide assessment testing window is extended through May 31st and public schools are encouraged to offer formative assessments.
• For the 2019-2020 school year the public school’s letter grade will be the higher of the letter grades in school years 2018-2019 or 2019-2020.

If the statewide closure of schools is not lifted on or before March 29th all of the following apply:

• Schools are not required to add additional days or additional instructional hour requirements to make up for time missed during the closure and will continue to receive scheduled formula funding based on the 100 ADM if they offer “general educational opportunities” (see below).
• Beginning March 30th schools are required to offer students general educational opportunities as determined by the school district for the duration of the closure. This is a condition of the public school continuing to receive funding.
o SBE and ADE determine the method for a district to attest they are in compliance with this.
o Schools must continue offering general educational opportunities for the duration of the closure.
• Allows a school transportation fleet to be used on services that benefit students and their families during a closure.
• Requires public schools to continue paying all employees including hourly employees during the duration of the closure subject to the following:
o Employees commit to being available to work during the employee’s normal work hours.
o If the employee is able to work remotely the employee shall work remotely for the duration of the closure. If the closure is lifted the employee can only work remotely subject to approval from the school.
o If the employee cannot work remotely the school must assign the employee to other tasks for the duration of the closure.
• Specifies that schools may deviate from the statutory requirements relating to special education programs and that public schools shall attempt to ensure that each student with a 504 or IEP or who receives SPED services through an IEP has access to the educational opportunities offered by the school.
• Specifies that if the daily route mileage in 2019-2020 is less than it was in 2018-2019 then districts can use 2018-2019 daily route mileage for the 2020-2021 fiscal/school year.
• Allows public schools to use any money generated during 2019-2020 to provide summer school instruction.
• Allows students who take an online course in June or July 2020 to generate up to 1.25 ADM (so schools don’t lose ADM).
• The statewide assessment is canceled (remember this is only if the state closure of schools is not lifted before March 29th).
• For the 2019-2020 school year, a school’s letter grade is the same as the public school’s letter grade from 2018-2019.
• Move On When Reading third grade promotion requirement is suspended.
• The state board of education is required to adopt rules for the graduation of students from public high schools for the 2019-2020 school year.
• Requires the auditor general to work with public schools to establish modified timelines for financial and performance data reporting.
• Requires ADE with SBE approval to apply to USDOE for a waiver of the federal food and nutrition, assessment and accountability requirements, and other issues that impact educational attainment that cannot be met in the 2019-2020 school year due to the state of emergency declaration by the governor related to the coronavirus disease 2019 (COVID-19).

If the statewide closure is lifted before the scheduled end of the public school year (but after March 29th) the public school shall either
• Resume physical operations as usual and continue operations until the scheduled end of the public school’s 2019-2020 posted school year calendar
• Continue offering general educational opportunities until the scheduled end of the public school’s 2019-2020 posted school year calendar.
This bill contains a retroactivity clause and an emergency clause, so upon receiving a signature from the governor is it effective immediately and retroactively to March 15, 2020.