WEST VIRGINIA LEGISLATURE
2016 REGULAR SESSION
House Bill 4028
By Delegates Perry, Moye, Ambler, Lynch, Romine, Rowan, Perdue, Morgan and Pethtel
[Introduced January 15, 2016; referred 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 providing that school instructional terms for students may begin no earlier than September 1 and must terminate on or before June 5; decreasing the number of instructional days for students by five days; requiring five days for professional development or continuing education; permitting county boards of education to contract with school personnel for employment terms in excess of two hundred days per year; and making stylistic changes.
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) AInstructional 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 number 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) ACocurricular activities@
are means 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 rule.
(b) Findings. B
(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 seventy-five separate
instructional days.
(c) The A 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 not less than one
hundred eighty seventy-five separate instructional days, which
includes an inclement weather and emergencies plan designed to guarantee an
instructional term for students of no not less than one hundred eighty
seventy-five separate instructional days;
(3) Within the employment
term, twenty-five 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 of
those days scheduled to occur after the one hundred and thirtieth
instructional day of the school calendar; and
(D) Five days to be designated by the county board for professional development or continuing education; and
(D) (E) 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) (iii) Teacher-pupil-parent conferences;
(v) (iv) Professional meetings;
(vi) (v) Making up days when instruction was
scheduled but not conducted; and
(vii) (vi) 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) If it is not possible
to complete one hundred eighty seventy-five separate
instructional days with the a current school calendar, the county
board shall schedule and use for student instruction on any available
noninstructional day, regardless of the purpose for which the day originally
was scheduled, or an any out-of-calendar day. and the day will
be used for instruction of students: Provided, That the provisions of
this This subsection do does not apply to:
(A) (1) Holidays;
(B) (2) Election day; and
(C) (3) Saturdays and Sundays.
(f) The instructional term
shall commence and terminate on a date dates selected by the
county board but may not commence
prior to September 1 and shall terminate on or before June 5.
(g) The state board may not
schedule the primary statewide assessment program more than thirty eight
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 term.
(h) The following applies
apply to cocurricular activities:
(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) Extracurricular
activities may not be used for conducted
during instructional time.
(j) Noninstructional interruptions to the instructional day shall be minimized to allow the classroom teacher to teach.
(k) Prior to implementing the
a 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) In formulation of a
school=s formulating
a school 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
shall 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) The A county
board may contract with all or part of the personnel for a longer term of
an employment term that exceeds two
hundred days.
(n) 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) 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 chapters
eighteen, eighteen-a, eighteen-b and eighteen-c of this code to maintain
compliance in reaching the mandatory one hundred eighty seventy-five
separate instructional days established in this section.
(p) 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) 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 provide that school instructional terms for students may begin no earlier than September 1 and must terminate on or before June 5. The bill decreases the number of instructional days for students by five days. The bill requires five days for professional development or continuing education. The bill permits county boards of education to contract with school personnel for employment terms in excess of two hundred days per year. The bill makes stylistic changes.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.