COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 3
January 12, 2006
ADMINISTRATIVE
|
TO: |
Division
Superintendents |
|
FROM: |
Patricia I.
Wright Acting
Superintendent of Public Instruction |
|
SUBJECT: |
Waiver of
Pre-Labor Day Opening Requirements for 2006-2007 |
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; approvals for
certain alternative schedules. -- 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 10 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 that are offered on a year-round basis by the school
division in one or more of its elementary or middle or high schools.
Because these waivers must be approved
annually, school divisions that received waivers in previous years must reapply
for the 2006-2007 school year. School divisions seeking waivers for inclement
weather (and other emergency closures under subsection B.1.), related programs,
or previously approved experimental or innovative programs must complete and
return the attached application Form PL.001 for approval. In addition, if you
are seeking first-time approval of an experimental or innovative program or to
operate on 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 (Form SA.020).
All applications must be submitted to the Division of Policy and
Communications no later than March 3, 2006.
School divisions must submit program
evaluation reports to this department annually for each previously approved
experimental and innovative program, and the department must submit an annual
report summarizing these reports to the Board of Education. You will find this years report, submitted
to the Board of Education on November 30, 2005,on the departments website at:
http://www.doe.virginia.gov/VDOE/VA_Board/Meetings/2005/ItemL-nov.pdf. In order to receive consistent information
from all school divisions and to appropriately assess the effectiveness of
these programs, the Board of Education has requested that each school division
include in its evaluation report information addressing the following
components: Student Achievement,
Student Behavior and Attendance, Staff/Teacher Participation, and
Parent/Community Involvement. In
addition, the report must include a description of the steps taken to achieve
or maintain school accreditation. A
report form is included in Attachment C.
This report must be completed and submitted to the Division of Policy
and Communications by August 1, 2006.
Please contact Sandra Peterson, policy
analyst in the Division of Policy and Communications, at the above address, by
e-mail at policy@doe.virginia.gov, or by telephone at (804)225-2092 if you have
any questions.
PIW/SGP/cb
http://www.doe.virginia.gov/administrators/superintendents_memos/2006/adm003a.doc
http://www.doe.virginia.gov/administrators/superintendents_memos/2006/adm003b.doc
http://www.doe.virginia.gov/administrators/superintendents_memos/2006/adm003c.doc