Pre-Labor Day Opening Waiver Request
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.
Because these waivers must be approved annually, school divisions that received waivers in previous years must reapply each 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 apply to the Superintendent of Public Instruction for approval.
| Waiver of Pre-Labor Day Opening Requirements for 2010-2011 | Due: April 17, 2009 |
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The 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, 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.
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