COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 7
February 9, 2001
ADMINISTRATIVE
| TO: |
Division Superintendents |
| FROM: |
Jo Lynne DeMary
Superintendent of Public Instruction |
| SUBJECT: |
Waiver of Pre-Labor
Day Opening Requirements for 2001-2002 |
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. The 1998 General Assembly amended
the statute to define "good cause" for granting waivers. The amended statute
reads as follows:
'
22.1-79.1. Opening of the school year. -- A. Each local school board shall
set the school calendar so that the first day students are required to
attend school shall be after Labor Day. The Board of Education may waive
this requirement on a showing of good cause.
B. For purposes of this section, "good cause"
means:
1. A school division has been closed an
average of eight days per year during any five of the last ten years because
of severe weather conditions, energy shortages, power failures, or other
emergency situations;
2. A school division is providing, in the
school year for which the waiver is sought, an instructional program or
programs in one or more of its elementary or middle or high schools, excluding
the electronic classroom, which are dependent on and provided in one or
more elementary or middle or high schools of another school division that
qualifies for such waiver. However, any waiver granted by the Board of
Education pursuant to this subdivision shall only apply to the opening
date for those schools where
such dependent programs are provided; or
3. A school division is providing its
students, in the school year for which the waiver is sought, with an experimental
or innovative program which requires an earlier opening date than that
established in subsection A of this section and which has been approved
by the Department of Education pursuant to the regulations of the Board
of Education establishing standards for accrediting public schools. However,
any waiver or extension of the school year granted by the Board of Education
pursuant to this subdivision or its standards for accrediting public schools
for such an experimental or innovative program shall only apply to the
opening date for those schools where such experimental or innovative programs
are offered generally to the student body of the school. For the purposes
of this subdivision, experimental or innovative programs shall include
instructional programs which are offered on a year-round basis by the school
division in one or more of its elementary or middle or high schools.
If you are seeking first-time approval of an experimental or innovative
program to operate a year-round schedule, you will need to complete and
return the attached application for a waiver of the standards to operate
an experimental or innovative program.
School divisions wishing to apply for a waiver must complete and
return the attached application form by March 19, 2001, to Charles W. Finley,
assistant superintendent for accountability. School divisions that received
waivers in previous years must reapply for the 2001-2002 school year. If
you have questions, please do not hesitate to contact Mr. Finley (mailto:cfinley@pen.k12.va.us)
at (804) 786-9421.
JLD/CWF/pfm
Attachments
/administrators/superintendents_memos/2001/adm007a.pdf
/administrators/superintendents_memos/2001/adm007b.pdf