Ohio Revised Code Section 3313.482 requires each school district to develop and have a board-approved online makeup hour plan in place by August 1st of each school year. [1] The plan permits schools to make up the equivalent of three school days by providing teacher-directed online learning when buildings are closed for eligible reasons, most commonly due to weather. These online days count toward required student instructional hours and replace the traditional calamity day “blizzard bag.”
However, the law also states that school districts will provide online teacher-directed synchronous learning “to the extent possible.” Given the statute’s language and practical challenges related to technology access and infrastructure, some districts elected not to implement a board-approved online makeup hour plan by the August 1st deadline and instead continued to rely on traditional asynchronous learning platforms during closures.
Unfortunately, the 2025-2026 school year has seen an anomalous number of school closures due to snowy/icy weather and frigid temperatures. As a result, some districts may be at risk of falling below the state mandated instructional hours threshold per Ohio Revised Code Section 3313.48. Further, the Ohio Department of Education & Workforce (ODEW) recently issued guidance on makeup hours declaring, “If a school district failed to adopt a plan or adopts a plan after August 1st, any online learning days used will not count toward meeting the minimum school-year requirement.”
Given this recent ODEW guidance, school districts should consider the following:
- If school districts did not adopt an online makeup plan or adopted the plan after the August 1st deadline, those online makeup hours will not count toward the minimum instructional hours requirement(s) for the 2025-2026 school year.
- School districts may still rely upon asynchronous learning models during school closures. However, districts should be mindful of the new teacher-direct synchronous requirements and should not assume that asynchronous learning hours will count towards the minimum school year requirement for instructional hours.
- If necessary, school districts may need to add additional hours to their school-year calendar(s) to comply with state minimum instructional requirements.
- For purposes of the State Auditor and to ensure statutory compliance for the 2026-2027 school year, school districts should consider adopting the online makeup plan as soon as practicable, even if the hours cannot count towards the minimum for the 2025-2026 school year. Districts may wish to consult with legal counsel when developing the online makeup plan.
- Finally, if your school district might fall below the minimum instructional hours threshold for the 2025-2026 school year, we recommend consulting with legal counsel to discuss lawful makeup options.
Weston Hurd’s Education Law team is available to help guide your district through these changes and their practical implications. If you have any questions, please contact Brad Zebedis, or any of the attorneys in our Education Law Group.
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[1] A school that implements a blended learning model or operates as an online school is not eligible to adopt an online day plan.
