15101482D
HOUSE BILL NO. 1941
Offered January 14, 2015
Prefiled January 13, 2015
A BILL to amend and reenact §§22.1-26, 22.1-79.1, and
22.1-296 of the Code of Virginia, relating to the school calendar.
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Patron-- Adams
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §§22.1-26, 22.1-79.1, and 22.1-296 of the Code of
Virginia are amended and reenacted as follows:
§22.1-26. Joint and regional schools; regional public charter
schools.
A. Two or more school boards may, with the consent of the
State Board, establish joint or regional schools, including regional public
charter schools as defined in §22.1-212.5, comprehensive schools offering
all-day academic programs and career and technical education, and regional
residential charter schools for at-risk pupils, for the use of their respective
school divisions and may jointly purchase, take, hold, lease, convey and
condemn both real and personal property for such joint, regional, or regional
public charter schools. The school boards, acting jointly, shall have the same
power of condemnation as other school boards except that land so condemned
shall not be in excess of 30 acres for the use of any one joint or regional
school. The title to all property acquired for such purposes shall vest jointly
in the school boards in such respective proportions as the school boards may
determine, and the schools shall be managed and controlled by the school boards
jointly, in accordance with such regulations as are promulgated by the State
Board. With the approval of the participating school boards and the respective
local governing bodies, title to property acquired for a joint school shall be
vested in the governing body of such school. The school boards operating a
regional public charter school shall determine the school division to which any
regional public charter school is assigned for the purposes of any restrictions
on the number of public charter schools imposed by §22.1-212.11.
B. Effective July 1, 2008, joint, regional, or regional
charter schools in operation prior to the promulgation of new regulations may
request a waiver of the new regulation requirements. This waiver request shall
be submitted to the Board of Education on a form and in a manner prescribed by
the Board. If the Board of Education grants the waiver request, the approved
school shall continue to operate under the previous regulations.
C. Consistent with the provisions of this section, two or more
school boards may, with the consent of the State Board, establish joint or
regional schools, including regional public charter schools, to serve as high
schools offering (i) in addition to a comprehensive high school curriculum,
specialized training to students desiring to pursue careers in law enforcement, fire fighting firefighting, emergency and
rescue services, and other occupations addressing public safety and welfare; or
(ii) a specialized curriculum leading to a high school diploma and a
postsecondary credential, such as industry certification, career certificate,
or degree; or (iii) both.
Such schools described in clause (i) may be designed to
incorporate the instructional services of retired or disabled emergency, fire,
rescue, and law-enforcement personnel and internships with local agencies and
organizations providing such emergency, fire, rescue, and law-enforcement
services.
The relevant school boards operating schools described in
clause (ii) may, by agreement, establish alternative schedules for the delivery
of instruction that may include alternatives to standard school day and year
requirements, subject to the issuance of any
necessary waivers by the Board of Education pursuant to §22.1-79.1 and
relevant Board regulations. Such school boards may contract
with an accredited institution of higher education or other postsecondary
school licensed or certified by the Board of Education or the State Council of
Higher Education, as the case may be, pursuant to Chapter 16 (§22.1-319 et
seq.) of this title or Chapter 21.1 (§23-276.1 et seq.) of Title 23, to
deliver such instruction, which may include specialized instruction and
training for students who are eligible to enroll in public high schools,
consistent with §§22.1-3, 22.1-5, and 22.1-213.
D. Joint or regional schools, such as academic year Governor's
Schools, may set the school calendar so that the first day students are
required to attend school shall
comport comports
with the calendar of any of the participating school divisions, including those granted a waiver, as
prescribed in §22.1-79.1. Such
calendar must be approved by the The governing board of the
joint or regional school shall approve such
calendar.
§22.1-79.1. Opening of the school year; approvals for certain
alternative schedules.
A. Each local school board shall set be responsible for setting 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 based on a school board certifying that it
meets one of the good cause requirements of subsection B.
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 Virtual Virginia, 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;
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; or
4. A school division
is entirely surrounded by a school division that has an opening date prior to
Labor Day in the school year for which the waiver is sought. Such school
division may open schools on the same opening date as the surrounding school
division and determining the
opening date of the school year.
C. B. Individual schools may
propose, and local school boards may approve, pursuant to guidelines developed
by the Board of Education, alternative school schedule plans providing for the
operation of schools on a four-day weekly calendar, so long as a minimum of 990
hours of instructional time is provided for grades one through twelve 12
and 540 hours for kindergarten. No alternative plan that reduces the
instructional time in the core academics of English, mathematics, social
studies, and science shall be approved.
§22.1-296. Payment of employees; reimbursement for private
transportation; certain sick leave policies.
A. Each school board shall provide for the payment of
teachers, principals, assistant principals,
and other employees monthly, semi-monthly semimonthly, or biweekly, as
may be determined by the school board.
However, school boards receiving a waiver
from the Board of Education pursuant to §22.1-79.1 and setting
the school calendar so that the first day students are required to attend
occurs prior to August 15 shall establish a payment schedule to ensure that all
contract personnel are compensated for time worked within the first month of
employment.
B. All school board employees may be reimbursed for private
transportation at a rate not to exceed that which is authorized for persons
traveling on state business in accordance with §2.2-2825. Whatever rate is
paid, however, shall be the same for school board members and employees of the
board.
C. Each local school board shall adopt policies providing for
leave without pay for school board employees with debilitating or
life-threatening illness or injury, without regard to the employee's length of
service with the school board.
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