SB890 SFA MARTIN #1 3-14
Hager 7871
Senator Martin moved to amend the House amendment on page 1, by striking out everything after the chapter heading and inserting in lieu thereof the following:
(a) As used in this section:
(1) "Instructional day hour" means a day within the instructional term which meets the following criteria:
(A) Instruction is offered to students for at least the minimum number of minutes as follows:
(i) For early childhood programs as provided in subsection (d) section forty-four of this article;
(ii) For schools with grade levels kindergarten through and including grade five, 315 minutes of instructional time per day;
(iii) For schools with grade levels six through and including grade eight, 330 minutes of instructional time per day; and
(iv) For schools with grade levels nine through and including grade twelve, 345 minutes of instructional time per day.
(B) Instructional time is an hour used for instruction and cocurricular activities as set forth in subsection (2) below, and
(C) Other that meets any 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; and
(3) "Instruction delivered through alternative methods" means a plan developed by a county board and approved by the state board for teachers to assign and grade work to be completed by students on days or hours when schools are closed due to inclement weather or other unforeseen circumstances.
(4) "Employment term" means at least a 200-day contract.
(5) "Instructional term" consists of at least 900 instructional hours.
(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 or an equivalent amount 900 hours of instructional time as provided in this section.
(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 48 weeks;
(2) Within the employment term, an instructional term for students of no less than one hundred eighty separate instructional days 900 hours, 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 900 hours, subject to the following:
(A) A county board may increase the length of the instructional day as defined in this section by at least thirty minutes per day to shall establish a length for the days of instruction, which may vary, that will ensure that it achieves at least an amount of instructional time equivalent to one hundred and eighty separate instructional days 900 instructional hours within its school calendar; and
(i) Apply up to five days of this equivalent time to cancel days lost due to necessary school closures;
(ii) Plan within its school calendar and not subject to cancellation and rescheduling as instructional days up to an additional five days or equivalent portions of days, without students present, to be used as determined by the county board exclusively for activities by educators at the school level designed to improve instruction; and
(iii) Apply any additional equivalent time to recover time lost due to late arrivals and early dismissals;
(B) Subject to approval of its plan by the state board, a county board may deliver instruction through alternative methods on that count toward up to five days 25 hours of instructional time when schools are closed due to inclement weather or other unforeseen circumstances and these hours of instruction days, are instructional days count toward meeting the 900 hour instructional time requirement notwithstanding the closure of schools. The number of hours of instruction that count toward the 900-hour instructional time requirement is subject to the approval of the state board. The plan shall include the number of hours of instruction the instruction through alternative methods counts toward meeting the 900-hour instructional time requirement and state board approval of the plan shall be considered to be the state board’s approval of the number of hours included in the plan; and
(C) The use of equivalent time gained by lengthening the school day to cancel days lost, and the delivery of instruction through alternative methods, both as defined in this section, shall be considered instructional days hours for the purpose of meeting the 180 separate day 900 hour instructional time requirement and as employment days for the purpose of meeting the 200-day employment term;
(3) A county board may plan within its school calendar and not subject to cancellation and rescheduling as instructional hours up to an additional 25 hours or equivalent portions of hours, without students present, to be used as determined by the county board exclusively for activities by educators at the school level designed to improve instruction. Any time planned and used pursuant to this subdivision shall not be considered instructional hours;
(3) (4) 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 §18A-5-2 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;
(D) One day to be designated by the county board to be used by the employees for preparation for opening school and one day to be designated by the county board to be used by the employees for preparation for closing school, Provided, That the subject to the following:
(i) The school preparation days may be used for the purposes set forth in paragraph (E) (F) of this subdivision at the teacher’s discretion; and
(ii) No teacher may be required to use the school preparation days for any other purpose besides preparation for the opening of school or for school closing;
(E) Three "Educator Focus Days" to be used as determined by classroom teachers for activities that will improve instruction, subject to the following:
(i) One "Educator Focus Day" shall occur before the beginning of the instructional term, one "Educator Focus Day" shall occur in December, one "Educator Focus Day" shall occur in April, and the remaining day as set forth in paragraph (F) of this subdivision may occur at any point during the school year;
(ii) The principal may use "Educator Focus Days" as a teacher does; and
(iii) A two-hour block of time on "Educator Focus Days" shall be used for faculty senate meetings; and
(E) (F) The remaining days day to be designated by the county board for purposes to include, but not be limited to:
(i) Curriculum development;
(ii) Professional development;
(iii) Teacher-pupil-parent conferences;
(iv) Professional meetings;
(v) Making up days hours when instruction was scheduled but not conducted; and
(vi) At least six two-hour blocks of time for faculty Faculty senate meetings; and with at least one two-hour block of time scheduled in the first month of the employment term, at least one two-hour block of time scheduled in the last month of the employment term, and at least one two-hour block of time scheduled in each of the months of October, December, February, and April; and
(4) (5) Scheduled out-of-calendar days that are to be used for to schedule instructional days and employment hours in the event school is canceled for any reason.
(d) A county board of education shall develop a policy that requires additional minutes or hours 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 separate instructional days 900 hours with the current school calendar, and the additional five days of instructional time gained by increasing the length of the instructional day as provided in subsection (c) of this section are insufficient to offset the loss of separate instructional days the county board shall increase the amount of instruction on a day when instruction was previously scheduled or schedule instruction on any available noninstructional day for which instruction was not originally scheduled, 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:
(1) Holidays;
(2) Election day;
(3) Saturdays and Sundays; and
(4) The five days 25 hours or equivalent portions of days hours planned within the school calendar exclusively for activities by educators at the school level to improve instruction. that are gained by increasing the length of the instructional day as provided in subsection (c) of this section.
(f) The instructional term shall commence and terminate on a date selected by the county board.
(g) The state board may not shall, no earlier than 150 instructional hours prior to the end of the instructional year, 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) The following applies 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 instructional time.
(j) Noninstructional interruptions to the instructional day scheduled instruction shall be minimized to allow the classroom teacher to teach.
(k) 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) 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) The county board may contract with all or part of the personnel for a longer term of employment.
(n) The minimum instructional term may be decreased by order of the state superintendent in any county declared a federal disaster area and in any county subject to an emergency or disaster declaration by the Governor when the event causing the declaration is substantially related to the loss of instructional days hours in the county.
(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 chapters 18, 18A, 18B, and 18C of this code to maintain compliance in reaching the mandatory one hundred eighty separate instructional days 900 annual hours of instruction 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 §29A-3B-1 et seq. of this code for the purpose of implementing the provisions of this section. If necessary, the rule may clarify the requirements of this section and address any unforeseen issues that might arise from the amendments to this section made during the 2026 regular session of the Legislature: Provided, That nothing in this rule may conflict with this code: Provided further, That nothing in this section as amended during the 2026 regular session of the Legislature is intended to adversely modify any existing employment contracts or retirement benefits for county personnel.
The following is applicable to private, parochial, or church schools, or schools of a religious order:
(a) Each school shall observe a minimum instructional term of 900 hours per school year: Provided, That the school may deliver instruction through alternative methods that count toward up to 25 hours of instructional time when schools are closed due to inclement weather or other unforeseen circumstance and these hours of instruction shall count toward meeting the 900 hour instructional time requirement notwithstanding the closure of the school;
(b) Each school shall make and maintain annual attendance and disease immunization records for each pupil enrolled and regularly attending classes. The attendance records shall be made available to the parents or legal guardians;
(c) Upon the request of the county superintendent, a school (or a parents’ organization composed of the parents or guardians of children enrolled in the school) shall furnish to the county board a list of the names and addresses of all children enrolled in the school between the ages of seven and 16 years;
(d) Attendance by a child at any school which complies with this article satisfies the requirements of compulsory school attendance;
(e) Each school is subject to reasonable fire, health, and safety inspections by state, county, and municipal authorities as required by law, and is required to comply with the West Virginia school bus safety regulations; and
(f) Each school shall establish, file, and update a school specific crisis response plan which complies with the requirements established for it by the state board and the Division of Homeland Security and Emergency Management pursuant to §18-9F-9 of this code.
Adopted
Rejected