Introduced Version
House Bill 4590 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4590
(By Delegate Trump)
[Introduced
February 23, 2004
; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18A-5-2 of the code of West Virginia,
1931, as amended, relating to authorizing county boards of
education to extend the instructional year to one hundred
eighty days when schools are closed because of bad weather or
other conditions.
Be it enacted by the Legislature of West Virginia:
That §18A-5-2 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-2. Holidays; closing of schools; time lost because of such;
special Saturday classes.
Schools shall not be kept open on any Saturday nor on the
following days which are designated as legal school holidays,
namely: Independence Day, Labor Day, Veterans Day, Thanksgiving
Day, Christmas Day, New Year's Day, Martin Luther King's birthday, Memorial Day, West Virginia Day, and any day on which a primary
election, general election or special election is held throughout
the state or school district and any day appointed and set apart by
the president or the governor as a holiday of special observance by
the people of the state.
When any such holiday falls within the employment term, it
shall be considered as a day of the employment term and the
full-time school personnel shall receive his or her pay for same.
When any of the above designated holidays, except a special
election, falls on Saturday, the schools shall be closed on the
preceding Friday; when any such falls on Sunday, the schools shall
be closed on the following Monday.
Special classes may be conducted on Saturdays, provided they
are conducted on a voluntary basis, for pupils and by teachers and
service personnel, and that such teachers and service personnel
shall be remunerated in ratio to the regularly contracted pay.
Any school or schools may be closed by proper authorities on
account of the prevalence of contagious disease, conditions of
weather or any other calamitous cause over which the board has no
control. Under any or all of the above provisions, the time lost
by the closing of schools is may not be counted as days of
employment and as meeting a part of the requirements of the minimum
term of one hundred eighty days of instruction. On such day or
days, county boards of education may provide appropriate alternate work schedules for professional and service personnel affected by
the closing of any school or schools under any or all of the above
provisions. Professional and service personnel shall receive pay
the same as if school were in session. Insofar as funds are
available or can be made available during the school year, the
board may extend the employment term for the purpose of making up
time that might affect the instructional term. Notwithstanding any
provision in this code to the contrary, the county board of
education has the authority to, and may, by vote of the board,
extend the instructional year as necessary to provide one hundred
eighty instructional days.
In addition to any other provisions of this chapter, the board
is further authorized to provide in its annual budget for meetings,
workshops, vacation time or other holidays through extended
employment of personnel at the same rate of pay.
NOTE: This bill authorizes county boards of education to
extend the instructional year to 180 days when schools are closed
because of bad weather or other conditions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.