Establishing guidelines for considering and approving requests for pre-Labor Day opening
Resolution Number 1999-2
March 25, 1999
WHEREAS 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 and further provides that the Board of Education may waive this requirement on a showing of good cause; and
WHEREAS the aforementioned section of the Code specifies that “good cause” shall mean:
1. A school division had 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 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 a 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 by 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 to the student body of the school. For the purposes of this subdivision, experimental or innovative programs shall include instructional programs which are offered on a year-round basis by the school division in one or more of its elementary or middle or high schools.
WHEREAS first in 1986 and again in 1994, the Board of Education examined and adopted internal guidelines that it subsequently followed in considering and granting requests by local school divisions to open their schools before Labor Day;
THEREFORE, BE IT RESOLVED that the Board of Education, deeming it now appropriate to reexamine its guidelines, states its guidelines for considering and approving requests by local school divisions to open their schools before Labor Day to be as follows:
1. At any time prior to the opening of the school year, local school divisions may apply to the Board of Education for a waiver of the requirements of Section 22.1-79.1 of the Code by submitting such request on a form prescribed by the Superintendent of Public Instruction and by setting forth a thorough explanation of all conditions that constitute good cause for such a waiver.
2. The Superintendent of Public Instruction is hereby delegated the authority by the Board of Education to grant, on its behalf, waivers under the provisions of Section 22.1-79.1 of the Code of Virginia where it is shown, to the satisfaction of the Superintendent, that the following conditions are met:
a. The 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; or
b. The 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.
c. The school is providing an experimental or innovative program pursuant to the provisions of the standards for accrediting schools, having first received the approval of the Board of Education, as described in item 3 below, to provide such an experimental or innovative program.3. To obtain a waiver for a pre-Labor Day opening for an experimental or innovative program, the local school division shall submit such request to the Board of Education on a form prescribed by the Superintendent of Public Instruction and shall set forth a thorough explanation of the experimental or innovative program. The following procedures apply to applications for experimental or innovative programs:
a. The experimental or innovative program must be approved by the Board of Education pursuant to its Regulations Establishing Standards for Accrediting Public Schools in Virginia (8 VAC 20-131-10 et.seq.).
b. However, any waiver or extension of the school year granted by the Board of Education pursuant to the experimental or innovative program provisions contained in Section 22.1-79.1: 3 or its standards for accrediting public schools shall apply only to the opening date for those schools where such experimental or innovative programs are offered generally to the student body of the school.
c. In accordance with Section 22.1-79.1: 3, experimental or innovative programs shall include instructional programs which are offered on a year-round basis by the school division in one or more of its elementary or middle or high schools.4. All requests for waivers as described herein under items 1 through 3 above shall be made by the local school divisions on an annual basis.
BE IT FURTHER RESOLVED that the Board of Education requests the Superintendent of Public Instruction to provide an annual report to the Board concerning the status of waivers granted under the above-stated policies, as follows:
a. A listing of the local school divisions applying for waivers, those receiving waivers and those being denied waivers, and the reasons for each action;
b. Be provided on an annual basis and at a time as agreed by the Superintendent and the President of the Board; and
c. Additional information deemed pertinent by the Superintendent of Public Instruction.
BE IT FINALLY RESOLVED that the Superintendent of Public Instruction is requested to transmit a copy of this resolution forthwith to all local division superintendents and school board chairs in order that they may be informed of the Board of Education’s policies regarding the opening of the school year.
Signature:
Kirk T. Schroder, President
Board of Education
Adopted in the Minutes of the Virginia Board of Education
March 25, 1999