Superintendent's Memo #059-09

State seal, Commonwealth of Virginia

Department of Education

March 6, 2009

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Waiver of Pre-Labor Day Opening Requirement for 2009-2010

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 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 ten 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, 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.

Because these waivers must be approved annually, school divisions that received waivers in previous years must reapply for the 2009-2010 school year. School divisions seeking waivers for inclement weather (and other emergency closures under subsection B.1.), related programs (B.2), or previously approved experimental or innovative programs (B.3) must apply to the Superintendent of Public Instruction for approval.

SSWS Application

The department continues to use an electronic data collection instrument, using the Single Sign-on for Web Systems (SSWS) for Pre-Labor Day waiver approval. (The SSWS is a portal through which authorized school division personnel may access many of the Department of Education data collection processes and other applications.) The following suggestions will help to expedite your application:

School divisions will be able to submit a waiver application for approval only if the above items are in place.

Please follow the additional information below related to entering data:

Experimental or Innovative Programs

First-time Approval: A form for initial approval of an innovative or experimental program is available through the link below. Please note that, if you are seeking first-time approval of an experimental or innovative program, you will need to complete and return this form for a waiver of the standards to operate an experimental or innovative program (Form SA.020). All such applications must be submitted to the division of policy and communications no later than April 17, 2009. School divisions requesting first-time approval should expect to make a presentation before the Board of Education regarding the need for such programs, as the Board must approve your request.

PLEASE NOTE: The SSWS will be made available no later than 12 pm on Monday, March 9, 2009 for entries.

Please contact the Office of Policy by e-mail at, or by telephone at (804)225-2092 if you have any questions.

PIW / MMV / kfg


a. General Instructions for Pre-labor Day Waiver Submission using SSWS (PDF)
b. Request for Waiver of Certain Accrediting Standards and/or Approval of an Innovative or Experimental Program (PDF)