Make Up Days

I can remember at least once that Wise County used "bank time" to account for some of the lost teaching days. Found this info on the Virginia Dept. of Education website. Maybe we need to contact our local board members about this.

TO: Division Superintendents
FROM: JoLynne DeMary
Acting Superintendent of Public Instruction
SUBJECT: School Calendars and Make-Up Days



Each year, school divisions throughout the state adopt school calendars. The calendars
typically reflect opening and closing dates, teacher staff development days, holidays,
bad weather or emergency makeup days, and daily beginning and ending of school times.
We have begun to receive calls about school make-up procedures due to the recent bad
weather. There seems to be some confusion concerning when to begin computing the
amount of time or days to be made up and whether or not Governor Gilmore's declaration
of a state of emergency during Hurricane Floyd affects the requirements.

Section 22.1-98 of the Code of Virginia sets out the procedures for making up time
missed due to severe weather or other situations. A copy of the statute is attached.
In summary, the law requires that:

1. When more than ten days (but fewer than 15 days) are missed, at least five days,
plus one day for each day missed up to fifteen must be made up.
2. When more than fifteen days have been missed, at least ten days must be made up.

The law is silent on the issue of actions to be taken if schools are closed for less
than ten days except that the Superintendent of Public Instruction may, with the
approval of the Board of Education, authorize a reduction in the number of days/
instructional hours (grant a waiver of the above requirements) if the division has
made up at least five of those days. In addition, the Superintendent, with the
approval of the Board of Education, may authorize a reduction in the number of days/
instructional hours when a school division has missed more than 15 days. The law
also requires the Board of Education to approve for each school division the closing
date for the school year beyond which days/instructional hours would not be required
to be made up. Requests from local school boards for waivers should be sent to the
Superintendent.

The Governor's emergency declaration does not affect the provisions of the law. If
local school boards choose to exceed state minimum time standards of 180 days or
total of 990 instructional hours per year, they also may determine whether or not to
make up hours or days when bad weather or other emergencies force cancellations. The
excess days/instructional hours may be used to offset the days/hours missed. Counting
make up time would begin when the surplus hours/excess days have been exhausted.

Questions regarding this matter should be directed to the Division of Accountability
at 804.786-9421.

JLD/cwf

Attachment

Also found this info.

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF EDUCATION

P.O. BOX 2120

RICHMOND, VIRGINIA 23218-2120



SUPTS. MEMO NO. 22

January 28, 2005




INFORMATIONAL





TO:
Division Superintendents



FROM:
Jo Lynne DeMary

Superintendent of Public Instruction



SUBJECT:
School Calendars and Make-up Days



We have received numerous inquiries concerning the requirements for making up time missed due to inclement weather and other emergencies. The 2004 General Assembly amended ' 22.1-98 of the Code of Virginia, modifying the requirements for making up time missed for inclement weather or other emergencies.



A major change in the statute is one that eliminates the provision of an available waiver if the school division is unable to meet the 180 instructional day/990 instructional hour requirement due to inclement weather. The statute now allows waivers only to compensate for school closings resulting from a declared state of emergency.



In addition, the statute is more specific as it relates to making up days. It now states (in part):



1. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for less than five days, the school or the schools in the school division shall make up such days as may be required by the Board's regulations; however, the required make-up days shall not exceed the missed teaching days;

2. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for five days, but no more than 15 days, the school or the schools in the school division shall make up the first five days plus one day for each two days missed in excess of the first five, up to a maximum of nine make-up days;

3. When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for more than 15 days, the school or the schools in the school division shall make up at least 10 days; or

4. When severe weather conditions or other emergency situations have resulted in the closing of any school in a school division and such school has been unable to meet the 180 teaching day or 990 teaching hour requirement, the school division may make up the missed teaching days by providing its students with instructional hours equivalent to such missed teaching days.

A complete copy of the statute can be found on the Division of Legislative Services Web site at: LIS > Code of Virginia > 22.1-98.



The Board of Education, at its meeting on January 12, 2005, approved emergency regulations to implement the new statutory requirements. Those regulations are in the final stages of the approval process required by the Administrative Process Act (APA) and should become effective soon. Notice of their effective date will be posted on the Departments web site and you will be notified by e-mail in a timely manner. Meanwhile, you can review the emergency regulations approved by the Board at http://www.doe.virginia.gov/VDOE/VA_.../ItemD-jan.pdf. We do not anticipate that there will be any change to the regulations as approved by the Board.



Many of you continue to ask about banked time. The Board of Educations regulations have never addressed this practice. As always, instructional days or time in the school divisions calendar that exceed the 180 day/990 instructional hour requirement may be used to offset days missed.


This memorandum supersedes previous guidance given on this matter. If you have questions, please contact the Division of Policy and Communications, by phone at (804) 225-2403 or 225-2092 or by e-mail to [email protected].



JLD/CWF/cb