2006 Code of Virginia § 22.1-98 - Reduction of state aid when length of school term below 180 days or 990 hours

22.1-98. Reduction of state aid when length of school term below 180 daysor 990 hours.

A. For the purposes of this section:

1. "Declared state of emergency" means the declaration of an emergencybefore or after an event, by the Governor or by officials in a locality, thatrequires the closure of any or all schools within a school division.

2. "Severe weather conditions or other emergency situations" means thosecircumstances presenting a threat to the health or safety of students thatresult from severe weather conditions or other emergencies, including, butnot limited to, natural and man-made disasters, energy shortages or powerfailures.

B. Except as provided in this section:

1. The length of every school's term in every school division shall be atleast 180 teaching days or 990 teaching hours in any school year; and

2. If the length of the term of any school or the schools in a schooldivision shall be less than 180 teaching days or 990 teaching hours in anyschool year, the amount paid by the Commonwealth from the Basic School AidFund shall, except as otherwise hereinafter provided or as otherwise providedby law, be reduced in the same proportion as the length of the school termhas been reduced in any school or the schools in the school division from 180teaching days or 990 teaching hours.

C. Notwithstanding the requirements of subsection B, in any case in whichsevere weather conditions or other emergency situations, as defined in thissection, result in the closing of a school or the schools in a schooldivision, the amount paid by the Commonwealth from the Basic School Aid Fundshall not be reduced if the following schedule of make-up days is followed:

1. When severe weather conditions or other emergency situations have resultedin the closing of a school or the schools in a school division for five orfewer days, the school or the schools in the school division shall make upall missed days by adding teaching days to the school calendar or extendingthe length of the school day;

2. When severe weather conditions or other emergency situations have resultedin the closing of a school or the schools in a school division for six daysor more, the school or the schools in the school division shall make up thefirst five days plus one day for each two days missed in excess of the firstfive by adding teaching days to the school calendar or extending the lengthof the school day; or

3. When severe weather conditions or other emergency situations have resultedin the closing of any school in a school division and such school has beenunable to meet the 180 teaching day requirement, the school division may makeup the missed teaching days by providing its students with instructionalhours equivalent to such missed teaching days to meet the minimum 990teaching hour requirement.

D. The local appropriations for educational purposes necessary to fund 180teaching days or 990 teaching hours shall also not be proportionally reducedby any local governing body because of any reduction in the length of theterm of any school or the schools in a school division authorized bysubsection C.

E. The foregoing provisions of this section notwithstanding, the Board ofEducation may waive the requirement that school divisions provide additionalteaching days or teaching hours to compensate for school closings resultingfrom a declared state of emergency. If the local school board desires awaiver, it shall submit a request to the Board of Education. The requestshall include evidence of efforts that have been made by the school divisionto reschedule as many days as possible and certification by the divisionsuperintendent and chairman of the local school board that every reasonableeffort for making up lost teaching days or teaching hours was exhaustedbefore requesting a waiver of this requirement. If the waiver is denied, theschool division shall make up the missed instructional time in accordancewith this section.

If the Board grants such a waiver, there shall be no proportionate reductionin the amount paid by the Commonwealth from the Basic School Aid Fund.Further, the local appropriations for educational purposes necessary to fund180 teaching days or 990 teaching hours shall not be proportionally reducedby any local governing body due to any reduction in the length of the term ofany school or the schools in a school division permitted by such waiver.

F. If the professional personnel of any such school division actually renderservice for less than the contracted period for such school year and theircompensation is reduced because of insufficient funds or other reason, theproportionate amount paid by the Commonwealth for the personnel component ofthe Basic School Aid Fund for such school year shall be reduced pro rata.

Notwithstanding any provision of law to the contrary, the school board of anyschool division in which the length of the term for any school or for theschools in the school division is reduced as provided in this section may payits professional personnel such salary as they would have received if theterm had not been so reduced.

G. In developing the school calendar as provided for in 22.1-79.1, eachlocal school board shall establish such calendars and teaching contracts inaccordance with applicable regulations of the Board of Education to includecontingencies for making up teaching days and teaching hours missed foremergency situations described in this section. Historical data shall be usedto determine the needs of the locality including scheduled holidays andbreaks and work days.

H. The Board of Education may authorize the Superintendent of PublicInstruction to approve, in compliance with this section, reductions in theschool term for a school or the schools in a school division without aproportionate reduction in the amount paid by the Commonwealth from the BasicSchool Aid Fund.

I. With the exception of the Basic School Aid Fund as provided for above, theCommonwealth shall not distribute funds to a locality for costs not incurredwhen the school term is reduced below 180 teaching days or 990 teaching hours.

J. As part of the annual report required by 22.1-81, the divisionsuperintendent and local school board chairman shall certify the total numberof teaching days and teaching hours each year.

(Code 1950, 22-5; 1956, Ex. Sess., c. 66; 1977, c. 316; 1978, cc. 105, 204;1979, c. 177; 1980, c. 559; 1987, c. 65; 1988, c. 112; 1990, c. 213; 2004,cc. 839, 868, 887; 2006, cc. 26, 96.)

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