P.O. BOX 2120



November 3, 2006



Division Superintendents



Billy K. Cannaday, Jr.

Superintendent of Public Instruction



Reduction of School Aid When the Length of the School Term is Below 180 Days or 990 Hours


On July 1, 2005, we notified you through Superintendents Memorandum No. 131, INFORMATIONAL, that the 2004 General Assembly passed three bills that amended 22.1-98 of the Code of Virginia regarding the reduction of school aid when the length of the school term is below 180 days or 990 hours. The changes made by these bills became effective upon passage. The superintendents memorandum also notified you that the Board and the Department of Education had promulgated emergency regulations that revised the regulations that were already in place to incorporate these changes.


During the 2006 General Assembly, HB 349, patroned by Delegate Hamilton, and SB 66, patroned by Senator Whipple, made the following additional changes to 22.1-98 of the Code:


  • Defined declared state of emergency
  • Clarified that the school term shall be at least 180 teaching days or 990 teaching hours
  • Clarified that school divisions may make up missed time by adding teaching days to the school calendar or extending the length of the school day
  • Revised the amount of time that must be made up when a school or schools have been closed for six or more days during the school term due to severe weather conditions or other emergency situations
  • Spelled out the procedures for requesting a waiver from the Board of Education for closing resulting from a declared state of emergency
  • Added a provision about school calendars and school contracts
  • Required the division superintendent and chairman of the local school board to certify the total number of teaching days and hours each year as part of their annual report to the Board of Education.


These changes noted above to the Code of Virginia became effective on July 1, 2006. Final regulations promulgated by the Board of Education incorporating these changes became effective on October 1, 2006, and are attached.


Please review 22.1-98 of the Code of Virginia and the final regulations for important new provisions regarding the reduction in school aid when the length of the school term is below 180 days or 990 hours.


If you have questions, please call the Office of Policy and Communications at (804) 225-2092 or e-mail at