Administrative Code

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Virginia Administrative Code
Title 8. Education
Agency 20. State Board Of Education
Chapter 521. Regulations Governing Reduction of State Aid When Length of School Term Below 180 Teaching Days or 990 Teaching Hours
9/21/2021

8VAC20-521-40. Waivers for a declared state of emergency, evacuations, severe weather conditions, or other emergency situations.

A. The Board of Education may waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for closings resulting from a declared state of emergency, severe weather conditions, or other emergency situations.

B. The Board of Education shall waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from an evacuation directed and compelled by the Governor pursuant to § 44-146.17 of the Code of Virginia for up to five teaching days.

C. If the local school board desires a waiver for days missed as the result of a declared state of emergency, severe weather conditions, or other emergency situations, it shall submit a request for a waiver to the Board of Education. The request shall include evidence of efforts that have been made by the school division to reschedule as many days as possible.

D. The division superintendent and the chair of the local school board shall certify that every reasonable effort for making up lost teaching days or teaching hours was exhausted before requesting a waiver of the requirement.

E. The Board of Education authorizes the Superintendent of Public Instruction to approve, in compliance with this chapter, reductions in the school term for a school or the schools in a school division.

F. If the waiver is denied, the school division shall make up the missed instructional time in accordance with 8VAC20-521-30 and § 22.1-98 of the Code of Virginia.

Statutory Authority

§ 22.1-98 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 21, eff. September 15, 2006; amended, Virginia Register Volume 33, Issue 4, eff. December 1, 2016; Volume 36, Issue 1, eff. October 2, 2019.

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