DEPARTMENT OF EDUCATION
P.O.
SUPTS. MEMO NO. 1
January 19, 2007
ADMINISTRATIVE
|
TO: |
Division
Superintendents |
|
FROM: |
Billy K.
Cannaday, Jr. Superintendent
of Public Instruction |
|
SUBJECT: |
Waiver of
Pre-Labor Day Opening Requirements for 2007-2008 |
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 10 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 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 2007-2008 school year. School divisions seeking waivers for inclement
weather (and other emergency closures under subsection B.1.), related programs,
or previously approved experimental or innovative programs must apply to the Superintendent
of Public Instruction for approval.
SWSS Application
Beginning with the 2007-2008 school year application, the department will use an
electronic data collection instrument, using the single sign on for Web
application systems (SWSS). The
following suggestions are offered that will help to expedite your application:
Entering
the data will require the use of an Internet browser. Internet Explorer 5.5 or
higher or Netscape 6.0 or higher must be used.
Please ensure the availability of either browser version at the site(s)
at which data will be entered.
As
with other electronic data collection applications, anyone entering or
reviewing Pre-Labor Day waiver data must have a login and password. Your SSWS account manager must assign a login
and password to the following individuals:
1. The Pre-Labor Day waiver contact person
2.
Any
central office staff responsible for entering or reviewing data.
School divisions will be able to submit an application only
if the above items are in place.
Additional
information related to entering data:
Experimental or Innovative Programs
First-time Approval: Please note that, if you are seeking
first-time approval of an experimental or innovative program or to operate on a
year-round schedule, you will need to complete and return the attached application
for a waiver of the standards to operate an experimental or innovative program
(Form SA.020). All applications must be
submitted to the Division of Policy and Communications no later than March 23,
2007. 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.
Evaluation Reports: School divisions receiving approval to
continue existing programs in the 2007-2008 school year must submit program
evaluation reports to this department for each previously approved experimental
and innovative program, and the department must submit an annual report
summarizing these reports to the Board of Education. Attachment C contains the form for this
report which will be submitted later this year.
Please be advised that the evaluation
report will be submitted using the SWSS application system and Pre-Labor Day
Waiver application. Later this spring,
the report module will become available for use. Those divisions receiving continued approval
for experimental and innovative programs will receive notice of the
availability of this report later this year.
Please contact the Office of Policy by e-mail
at policydata@doe.virginia.gov, or by telephone at (804)225-2092 if you have
any questions.
BKCJr/MMV/cb
Attachments
http://www.doe.virginia.gov/administrators/superintendents_memos/2007/adm001a.pdf
http://www.doe.virginia.gov/administrators/superintendents_memos/2007/adm001b.doc