Virginia Department of Education School Divisions with Pre-Labor Day Waivers Wise Norton Dickenson Weather related Buchanan Russell 2011-12 Dependency on other divisions Innovative or experimental program Division surrounded by a qualifying division No waiver - schools open after Labor Day Tazewell Smyth Bland Wythe Giles Radford Pulaski Montgomery Floyd Covington Craig Roanoke Salem Alleghany Botetourt Franklin Bath Roanoke Highland Buena Vista Bedford Lynchburg Pittsylvania Augusta Staunton Rockbridge Lexington Amherst Rockingham Waynesboro Campbell Harrisonburg Nelson Appomattox Shenandoah Albemarle Buckingham Charlotte Page Greene Charlottesville Winchester Edward Frederick Madison Warren Rappa hannock Fluvanna Cumberland Lunenburg Clarke Culpeper Orange Louisa Goochland Amelia Nottoway Fauquier Powhatan Loudoun Manassas Park Manassas Spotsylvania Hanover Chesterfield Dinwiddie Fairfax William Stafford Fredericksburg Richmond Colonial Hgts. Petersburg Caroline Falls Church King George Henrico King William Arlington Essex King & Queen New Kent Charles City Hopewell George Sussex Alexandria Colonial Beach Westmoreland Surry Richmond James City Isle of Wight Gloucester Northumberland Lancaster York West Point Middlesex Mathews Williamsburg Poquoson Newport News Hampton Northampton Accomack Norfolk Portsmouth Lee Scott Bristol Washington Grayson Carroll Galax Patrick Henry Martinsville Danville Halifax Mecklenburg Brunswick Greensville Franklin Southampton Suffolk Chesapeake Virginia Beach
Pre-Labor Day Waivers The Code of Virginia says, in 22.1-79.1: A. Each local school board shall set 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. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-79.1 2
Pre-Labor Day Waivers School Years 2005-2006 through 2011-2012 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 Option 1: School divisions with weather 59 53 53 53 58 53 57 related waivers 1 Option 2: School more schools with 14 13 13 14 13 13 6 dependencies 1 Option 3: School more schools with an innovative or 6 6 6 6 4 4 3 experimental program (year-round schools) 2 Option 3: School more schools with an innovative or 0 0 0 1 2 3 2 experimental program (other than year-round schools) 3 Option 4 (effective July 1, 2011): School divisions surrounded by a school division with a waiver 4 N/A N/A N/A N/A N/A N/A 10 Total 5 79 (78 school 72 72 74 (72 school 77 (74 school 73 78 (77 school 3
1 The number of school divisions with waivers under Option 2 (dependent programs) dropped in 2011-2012 because several of the school divisions are now eligible for a waiver under Option 4 (completely surrounded by a school division with a waiver), and chose to take Option 4. Bristol, Buena Vista, Charlottesville, Harrisonburg, Lexington, Norton, and Waynesboro had waivers under Option 2 in school year 2010-2011, and became eligible for Option 4 in 2011-2012, when the new legislation became effective. 2 Option 3 (innovative or experimental programs) includes waivers for year-round schools. The following school divisions have had waivers for their year-round schools: School year School divisions with waivers for their year-round schools 2005-2006 Alexandria, Arlington, Danville, Hampton, Edward, Virginia Beach 2006-2007 Alexandria, Arlington, Danville, Hampton, Edward, Virginia Beach 2007-2008 Alexandria, Arlington, Danville, Fairfax, Hampton, Virginia Beach 2008-2009 Alexandria, Arlington, Danville, Fairfax, Hampton, Virginia Beach 2009-2010 Alexandria, Arlington, Danville, Fairfax 2010-2011 Alexandria, Arlington, Danville, Richmond City 2011-2012 Alexandria, Arlington, Richmond City 3 Option 3 (innovative or experimental programs) also includes waivers for innovative or experimental programs that are not year-round schools. The following school divisions had waivers for their schools with innovative or experimental programs: School year School divisions with waivers for schools with innovative or experimental programs 2005-2006 None 2006-2007 None 2007-2008 None 2008-2009 Covington 2009-2010 Covington, Harrisonburg 2010-2011 Charlotte County, Covington, Harrisonburg 2011-2012 Charlotte County, Covington 4 There are a total of 15 school divisions eligible for a waiver under Option 4 (completely surrounded by a school division with a waiver). Ten school divisions took the waiver under Option 4: Bristol, Buena Vista, Charlottesville, Danville, Harrisonburg, Lexington, Martinsville, Norton, Roanoke City, and Waynesboro. Galax is eligible for a waiver under Option 1 and Option 4, and took the waiver under Option 1. Staunton and Winchester are eligible for waivers under Option 2 and Option 4, and took the waivers under Option 2. Covington is eligible for waivers under Options 2 and 3, as 4
well as Option 4, and took the waivers under Options 2 and 3. Salem is eligible for a waiver under Option 4, but did not request a waiver for 2011-2012. 5 The number of waivers is not equal to the number of school divisions with waivers because schools in Covington, Danville, and Harrisonburg have been eligible for waivers under two different options. Some of their schools have been eligible for waivers under Option 2 (dependent programs) and other schools have been eligible under Option 3 (innovative or experimental programs). 5