WEST virginia Legislature
2017 regular session
House Bill 2403
By Delegates Rowan, Cooper, Moye, Ambler, wagner, Fast and Baldwin
[Introduced February 13,
to the Committee on Education.]
A BILL to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended relating to permitting county boards of education to accumulate instructional days and use them when needed in a later instructional term when inclement weather and emergencies prevent the otherwise full instructional term from being completed; and establishing an instructional day to be three hundred thirty minutes.
Be it enacted by the Legislature of West Virginia:
That §18-5-45 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-45. School calendar.
(a) As used in this section:
(1) "Instructional day" means a day within the instructional term which meets the following criteria:
(A) Instruction is offered to students for at least the minimum amount of hours provided by state board rule;
(B) Instructional time is used for instruction and cocurricular activities; and
(C) Other criteria as the state board determines appropriate.
(2) "Cocurricular activities" are activities that are closely related to identifiable academic programs or areas of study that serve to complement academic curricula as further defined by the state board.
(b) Findings. -
(1) The primary purpose of the school system is to provide instruction for students.
(2) The school calendar, as defined in this section, is designed to define the school term both for employees and for instruction.
(3) The school calendar shall provide for one hundred eighty separate instructional days.
(c) The county board shall provide a school term for its schools that contains the following:
(1) An employment term that excludes Saturdays and Sundays and consists of at least two hundred days, which need not be successive. The beginning and closing dates of the employment term may not exceed forty-eight weeks;
(2) Within the employment term, an instructional term for students of no less than one hundred eighty separate instructional days, which includes an inclement weather and emergencies plan designed to guarantee an instructional term for students of no less than one hundred eighty separate instructional days;
(3) Within the employment term, noninstructional days shall total twenty and shall be comprised of the following:
(A) Seven paid holidays;
(B) Election day as specified in section two, article five, chapter eighteen-a of this code;
(C) Six days to be designated by the county board to be used by the employees outside the school environment, with at least four outside the school environment days scheduled to occur after the one hundred and thirtieth instructional day of the school calendar; and
(D) The remaining days to be designated by the county board for purposes to include, but not be limited to:
(i) Curriculum development;
(ii) Preparation for opening and closing school;
(iii) Professional development;
(iv) Teacher-pupil-parent conferences;
(v) Professional meetings;
(vi) Making up days when instruction was scheduled but not conducted; and
(vii) At least four two-hour blocks of time for faculty senate meetings with each two-hour block of time scheduled once at least every forty-five instructional days; and
(4) Scheduled out-of-calendar days that are to be used for instructional days in the event school is canceled for any reason.
(d) A county board of education shall develop a policy that requires additional minutes of instruction in the school day or additional days of instruction to recover time lost due to late arrivals and early dismissals.
(e) A county board may develop a policy that permits it to accrue instructional days during years of good weather and use those excess accrued instructional days in later school years when inclement weather and emergencies would otherwise prevent a full instructional term from being completed. For the purposes of this section an instructional day is comprised of three hundred thirty minutes and proportional days based on minutes accrued may be included in the accrual process.
(e) (f) If it is not possible to complete one
hundred eighty separate instructional days with the current school calendar,
the county board shall schedule instruction on any available noninstructional
day, regardless of the purpose for which the day originally was scheduled, or
an out-of-calendar day and the day will be used for instruction of students: Provided,
That the provisions of this subsection do not apply to:
(B) Election day;
(C) Saturdays and Sundays.
(f) (g) The instructional term shall commence and
terminate on a date selected by the county board. (g) (h) The state board may not schedule the
primary statewide assessment program more than thirty days prior to the end of
the instructional year unless the state board determines that the nature of the
test mandates an earlier testing date. (h) (i) The following applies to cocurricular
(1) The state board shall determine what activities may be considered cocurricular;
(2) The state board shall determine the amount of instructional time that may be consumed by cocurricular activities; and
(3) Other requirements or restrictions the state board may provide in the rule required to be promulgated by this section.
(i) (j) Extracurricular activities may not be used
for instructional time. (j) (k) Noninstructional interruptions to the
instructional day shall be minimized to allow the classroom teacher to teach. (k) (l) Prior to implementing the school calendar,
the county board shall secure approval of its proposed calendar from the state
board or, if so designated by the state board, from the state superintendent. (l) (m) In formulation of a school's calendar, a
county school board shall hold at least two public meetings that allow parents,
teachers, teacher organizations, businesses and other interested parties within
the county to discuss the school calendar. The public notice of the date, time
and place of the public hearing must be published in a local newspaper of
general circulation in the area as a Class II legal advertisement, in
accordance with the provisions of article three, chapter fifty-nine of this
code. (m) (n) The county board may contract with all or
part of the personnel for a longer term of employment. (n) (o) The minimum instructional term may be
decreased by order of the state superintendent in any county declared a federal
disaster area and where the event causing the declaration is substantially
related to a reduction of instructional days. (o) (p) Notwithstanding any provision of this code
to the contrary, the state board may grant a waiver to a county board for its
noncompliance with provisions of chapter eighteen, eighteen-a, eighteen-b and
eighteen-c of this code to maintain compliance in reaching the mandatory one
hundred eighty separate instructional days established in this section. (p) (q) The state board shall promulgate a rule in
accordance with the provisions of article three-b, chapter twenty-nine-a of
this code for the purpose of implementing the provisions of this section. (q) (r) The amendments to this section during the
2013 regular session of the Legislature shall be effective for school years
beginning on or after July 1, 2014, and the provisions of this section existing
immediately prior to the 2013 regular session of the Legislature remain in
effect for school years beginning prior to July 1, 2014.
NOTE: The purpose of this bill is to permit county boards of education to accumulate instructional days and use them when needed in a later instructional term when inclement weather and emergencies prevent the otherwise full instructional term from being completed. The bill establishes an instructional day to be three hundred thirty minutes.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.