Pre-Labor Day Opening Waiver Request
Section 22.1-79.1 of the Code of Virginia provides that 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 based on a school board self-certifying that it meets one of the “good cause” requirements of § 22.1-79.1.B.
A school division seeking a waiver for inclement weather or other emergency closures under subsection B.1, for dependent programs under subsection B.2, for previously approved experimental or innovative programs under subsection B.3, or because it is entirely surrounded by a school division that has an opening date prior to Labor Day in the school year for which the waiver is sought under subsection B.4 must self-certify each year. The self-certification process is now part of a data collection process. Any school division seeking initial approval of an experimental or innovative program must submit an application to the Board of Education. In addition, any school division seeking initial approval of a waiver because it is completely surrounded by another school division that has been approved for a waiver must submit a letter to the Superintendent of Public Instruction and request approval of the waiver. Please see Superintendent's Memorandum #098-11 and Superintendent’s Memorandum #091-13 for additional information.
Section 22.1-79.1 of the Code of Virginia reads, in part, 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 based on a school board certifying that it meets one of the good cause requirements of subsection B.
B. For purposes of this section, "good cause" means:
- 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;
- 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 Virtual Virginia, 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;
- 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; or
- A school division is entirely surrounded by a school division that has an opening date prior to Labor Day in the school year for which the waiver is sought. Such school division may open schools on the same opening date as the surrounding school division.
Pre-Labor Day Waiver Certification for the 2012-2013 School Year
The 2012-2014 Appropriation Act, Chapter 3 of the 2012 Special Session I of the General Assembly, contains the following language in Item 139 (Direct Aid to Public Education):
"To provide additional flexibility, notwithstanding the provisions of § 22.1-79.1 of the Code of Virginia, any school division that was granted a waiver regarding the opening date of the school year for the 2011-12 school year under the good cause requirements shall continue to be granted a waiver for the 2012-13 school year."
If a school division certified a pre-Labor Day opening for some or all of its schools during the 2011-2012 school year, then that school division is automatically granted a waiver under the same conditions for the 2012-2013 school year, under this one-time Appropriation Act provision.
Please see Superintendent's Memorandum #153-12 for additional information on the 2012-2013 certification process for Pre-Labor Day openings.
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Waiver Requests for Pre-Labor Day Openings for 2011-2012, Superintendent’s Memo # 098-11, issued April 8, 2011
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