2006 Code of Virginia § 22.1-79.1 - Opening of the school year; approvals for certain alternative schedules

22.1-79.1. Opening of the school year; approvals for certain alternativeschedules.

A. Each local school board shall set the school calendar so that the firstday students are required to attend school shall be after Labor Day. TheBoard 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 duringany five of the last 10 years because of severe weather conditions, energyshortages, power failures, or other emergency situations;

2. A school division is providing, in the school year for which the waiver issought, an instructional program or programs in one or more of its elementaryor middle or high schools, excluding the electronic classroom, which aredependent on and provided in one or more elementary or middle or high schoolsof another school division that qualifies for such waiver. However, anywaiver granted by the Board of Education pursuant to this subdivision shallonly apply to the opening date for those schools where such dependentprograms are provided; or

3. A school division is providing its students, in the school year for whichthe waiver is sought, with an experimental or innovative program whichrequires an earlier opening date than that established in subsection A ofthis section and which has been approved by the Department of Educationpursuant to the regulations of the Board of Education establishing standardsfor accrediting public schools. However, any waiver or extension of theschool year granted by the Board of Education pursuant to this subdivision orits standards for accrediting public schools for such an experimental orinnovative program shall only apply to the opening date for those schoolswhere such experimental or innovative programs are offered generally to thestudent body of the school. For the purposes of this subdivision,experimental or innovative programs shall include instructional programs thatare offered on a year-round basis by the school division in one or more ofits elementary or middle or high schools.

C. Individual schools may propose, and local school boards may approve,pursuant to guidelines developed by the Board of Education, alternativeschool schedule plans providing for the operation of schools on a four-dayweekly calendar, so long as a minimum of 990 hours of instructional time isprovided for grades one through twelve and 540 hours for kindergarten. Noalternative plan that reduces the instructional time in the core academics ofEnglish, mathematics, social studies, and science shall be approved.

(1986, c. 587; 1998, c. 702; 2003, c. 724.)