School Calendars and Make-up Days

We have received numerous inquiries concerning the requirements for making up time missed due to inclement weather and other emergencies. The 2004 General Assembly amended ' 22.1-98 of the Code of Virginia, modifying the requirements for making up time missed for inclement weather or other emergencies.

A major change in the statute is one that eliminates the provision of an available waiver if the school division is unable to meet the 180 instructional day/990 instructional hour requirement due to inclement weather. The statute now allows waivers only to compensate for school closings resulting from a declared state of emergency.

In addition, the statute is more specific as it relates to making up days. It now states (in part):

1. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for less than five days, the school or the schools in the school division shall make up such days as may be required by the Board's regulations; however, the required make-up days shall not exceed the missed teaching days;

2. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for five days, but no more than 15 days, the school or the schools in the school division shall make up the first five days plus one day for each two days missed in excess of the first five, up to a maximum of nine make-up days;

3. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for more than 15 days, the school or the schools in the school division shall make up at least 10 days; or

4. When severe weather conditions or other emergency situations have resulted in the closing of any school in a school division and such school has been unable to meet the 180 teaching day or 990 teaching hour requirement, the school division may make up the missed teaching days by providing its students with instructional hours equivalent to such missed teaching days.

A complete copy of the statute can be found on the Division of Legislative Services website at: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-98.

The Board of Education, at its meeting on January 12, 2005, approved emergency regulations to implement the new statutory requirements. Those regulations are in the final stages of the approval process required by the Administrative Process Act (APA) and should become effective soon. Notice of their effective date will be posted on the Departments website and you will be notified by e-mail in a timely manner. Meanwhile, you can review the emergency regulations approved by the Board at http://www.doe.virginia.gov/VDOE/VA_Board/Meetings/2005/ItemD-jan.pdf. We do not anticipate that there will be any change to the regulations as approved by the Board.

Many of you continue to ask about banked time. The Board of Educations regulations have never addressed this practice. As always, instructional days or time in the school divisions calendar that exceed the 180 day/990 instructional hour requirement may be used to offset days missed.

This memorandum supersedes previous guidance given on this matter. If you have questions, please contact the Division of Policy and Communications, by phone at (804) 225-2403 or 225-2092 or by e-mail to Policy@doe.Virginia.gov.

JLD/CWF/cb