COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P. O. BOX 2120
RICHMOND, VIRGINIA 23218-2120

SUPTS. MEMO. NO. 36
February 9, 1996

INFORMATIONAL

TO: Division Superintendents
FROM: William C. Bosher, Jr.
Superintendent of Public Instruction
SUBJECT: Waiver of Pre-Labor Day Opening Requirements for 1996-97


  Section 22.1-79.1 of the Code of Virginia prohibits the
  opening of schools prior to Labor Day unless a waiver is
  issued by the Board of Education for good cause.  At its
  meeting on October 27, 1994 as a result of recommendations
  contained in the Board's study on "good cause," revised
  criteria and procedures for approving waivers were adopted.
  
  School divisions wishing to apply for a waiver must complete
  and return the attached application form by March 15, 1996
  to Charles W. Finley, Division of Policy and Public Affairs. 
  School divisions that received waivers in previous years
  should reapply for the 1995-96 school year. If you have
  questions, please do not hesitate to contact Mr. Finley at
  (804) 225-2747 or via VaPEN to cfinley@pen.k12.va.us.
  
  
  WCBJr/cwf
  Attachment:  This memo and its attachment will be sent to
               the Superintendent's office
  
  
    ATTACHMENT TO SUPTS. MEMO. NO.  36 
  
  
                   COMMONWEALTH OF VIRGINIA
                   DEPARTMENT OF EDUCATION
                        P. O. BOX 2120
                RICHMOND, VIRGINIA 23218-2120
                               
  REQUEST FOR WAIVER OF PRE-LABOR DAY OPENING REQUIREMENTS FOR
                   THE 1996-97 SCHOOL YEAR
                                
  
  School Division:                                             
  
                                               
  Date:                                                        
  
                                                  
  
  Date this Waiver Request was Approved by Your Local School
  Board: _______________ 
  
  
       By my signature, I certify that this school division
  meets the criteria listed below to seek approval of a waiver
  of the provisions of 22.1-79.1 of the Code of Virginia
  requiring schools to open after Labor Day:
  
     1.   this school division was closed an average of at
          least 8 instructional days in five of the past ten
          years due to inclement weather, energy shortages,
          power failures, or other emergency situations; or,
  
     2.   the school division has an instructional program,
          excluding the electronic classroom, which is
          dependent on another division that qualifies for a
          waiver based on item 1 above; or,
  
     3.   there is other good cause as described in the
          attached documentation which warrants a waiver.
  
  
  Superintendent's Signature:                                  
  
                                          
  
              PLEASE RETURN BY MARCH 1, 1996 TO:
                               
             Charles W. Finley, Policy Associate
            Division of Policy and Public Affairs
                   Department of Education
                        P.O. Box 2120
               Richmond, Virginia  23218-2120 
           804-225-2747 (Phone) - 804-225-2053 (Fax)