{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-98.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-98.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-98.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-98.html"}],"law_id":77449,"edition_id":1,"section_id":77449,"structure_id":14186,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","history":"Code 1950, \u00a7 22-5; 1956, Ex. Sess., c. 66; 1977, c. 316; 1978, cc. 105, 204; 1979, c. 177; 1980, c. 559; 1987, c. 65; 1988, c. 112; 1990, c. 213; 2004, cc. 839, 868, 887; 2006, cc. 26, 96; 2015, c. 706; 2019, cc. 644, 645; 2021, Sp. Sess. I, cc. 19, 293.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Declared state of emergency” means the declaration of an emergency before or after an event, by the Governor or by officials in a locality, that requires the closure of any or all schools within a school division.\n\t\t\t“Severe weather conditions or other emergency situations” means those circumstances presenting a threat to the health or safety of students that result from severe weather conditions or other emergencies, including natural and man-made disasters, energy shortages, or power failures.B\n\nExcept as provided in this section:1\n\nThe length of every school’s term in every school division shall be at least 180 teaching days or 990 teaching hours in any school year; and2\n\nIf the length of the term of any school or the schools in a school division shall be less than 180 teaching days or 990 teaching hours in any school year, the amount paid by the Commonwealth from the Basic School Aid Fund shall, except as otherwise hereinafter provided or as otherwise provided by law, be reduced in the same proportion as the length of the school term has been reduced in any school or the schools in the school division from 180 teaching days or 990 teaching hours.C\n\nNotwithstanding the requirements of subsection B, in any case in which severe weather conditions or other emergency situations result in the closing of a school or the schools in a school division or in an unscheduled remote learning day for a school or the schools in a school division, the amount paid by the Commonwealth from the Basic School Aid Fund shall not be reduced if one of the following methods of make-up days, make-up hours, or unscheduled remote learning days, as appropriate in the circumstances, is followed:1\n\nWhen severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for five or fewer days, the school or the schools in the school division shall make up all missed days by adding teaching days to the school calendar or extending the length of the school day;2\n\nWhen severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for six days or more, the school or the schools in the school division shall make up the first five days plus one day for each two days missed in excess of the first five by adding teaching days to the school calendar or extending the length of the school day;3\n\nWhen severe weather conditions or other emergency situations have resulted in the closing of any school in a school division and such school has been unable to meet the 180 teaching day requirement, the school division may make up the missed teaching days by providing its students with instructional hours equivalent to such missed teaching days to meet the minimum 990 teaching hour requirement; or4\n\nWhen severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services that are consistent with guidelines established by the Department of Education to ensure the equitable provision of such services. No school division shall claim more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.D\n\nThe local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall also not be proportionally reduced by any local governing body because of any reduction in the length of the term of any school or the schools in a school division authorized by subsection C.E\n\nThe foregoing provisions of this section notwithstanding, the Board of Education may waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from a declared state of emergency or severe weather conditions or other emergency situations. If the local school board desires a waiver, it shall submit a request 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 and certification by the division superintendent and chairman of the local school board that every reasonable effort for making up lost teaching days or teaching hours was exhausted before requesting a waiver of this requirement. If the waiver is denied, the school division shall make up the missed instructional time in accordance with this section.\n\t\t\tIf the Board grants such a waiver, there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver.F\n\nNotwithstanding the provisions of this section, 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 for up to five teaching days. If the local school board desires such a waiver, it shall notify the Board of Education and provide evidence of efforts that have been made by the school division to reschedule as many days as possible and certification by the division superintendent and chairman of the local school board that every reasonable effort for making up lost teaching days or teaching hours was exhausted. After receiving such notification, the Board shall grant the waiver and there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver.G\n\nIf the professional personnel of any such school division actually render service for less than the contracted period for such school year and their compensation is reduced because of insufficient funds or other reason, the proportionate amount paid by the Commonwealth for the personnel component of the Basic School Aid Fund for such school year shall be reduced pro rata.\n\t\t\tNotwithstanding any provision of law to the contrary, the school board of any school division in which the length of the term for any school or for the schools in the school division is reduced as provided in this section may pay its professional personnel such salary as they would have received if the term had not been so reduced.H\n\nIn developing the school calendar as provided for in § 22.1-79.1, each local school board shall establish such calendars and teaching contracts in accordance with applicable regulations of the Board of Education to include contingencies for making up teaching days and teaching hours missed for emergency situations described in this section. Historical data shall be used to determine the needs of the locality including scheduled holidays and breaks and work days.I\n\nThe Board of Education may authorize the Superintendent of Public Instruction to approve, in compliance with this section, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund.J\n\nWith the exception of the Basic School Aid Fund as provided for above, the Commonwealth shall not distribute funds to a locality for costs not incurred when the school term is reduced below 180 teaching days or 990 teaching hours.K\n\nAs part of the annual report required by § 22.1-81, the division superintendent and local school board chairman shall certify the total number of teaching days and teaching hours each year.","order_by":null,"text":{"0":{"id":277814,"text":"For the purposes of this section:\n\t\t\t“Declared state of emergency” means the declaration of an emergency before or after an event, by the Governor or by officials in a locality, that requires the closure of any or all schools within a school division.\n\t\t\t“Severe weather conditions or other emergency situations” means those circumstances presenting a threat to the health or safety of students that result from severe weather conditions or other emergencies, including natural and man-made disasters, energy shortages, or power failures.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277815,"text":"Except as provided in this section:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":277816,"text":"The length of every school’s term in every school division shall be at least 180 teaching days or 990 teaching hours in any school year; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":277817,"text":"If the length of the term of any school or the schools in a school division shall be less than 180 teaching days or 990 teaching hours in any school year, the amount paid by the Commonwealth from the Basic School Aid Fund shall, except as otherwise hereinafter provided or as otherwise provided by law, be reduced in the same proportion as the length of the school term has been reduced in any school or the schools in the school division from 180 teaching days or 990 teaching hours.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":277818,"text":"Notwithstanding the requirements of subsection B, in any case in which severe weather conditions or other emergency situations result in the closing of a school or the schools in a school division or in an unscheduled remote learning day for a school or the schools in a school division, the amount paid by the Commonwealth from the Basic School Aid Fund shall not be reduced if one of the following methods of make-up days, make-up hours, or unscheduled remote learning days, as appropriate in the circumstances, is followed:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":277819,"text":"When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for five or fewer days, the school or the schools in the school division shall make up all missed days by adding teaching days to the school calendar or extending the length of the school day;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":277820,"text":"When severe weather conditions or other emergency situations have resulted in the closing of a school or the schools in a school division for six days or more, the school or the schools in the school division shall make up the first five days plus one day for each two days missed in excess of the first five by adding teaching days to the school calendar or extending the length of the school day;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":277821,"text":"When severe weather conditions or other emergency situations have resulted in the closing of any school in a school division and such school has been unable to meet the 180 teaching day requirement, the school division may make up the missed teaching days by providing its students with instructional hours equivalent to such missed teaching days to meet the minimum 990 teaching hour requirement; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":277822,"text":"When severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services that are consistent with guidelines established by the Department of Education to ensure the equitable provision of such services. No school division shall claim more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"9":{"id":277823,"text":"The local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall also not be proportionally reduced by any local governing body because of any reduction in the length of the term of any school or the schools in a school division authorized by subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"10":{"id":277824,"text":"The foregoing provisions of this section notwithstanding, the Board of Education may waive the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from a declared state of emergency or severe weather conditions or other emergency situations. If the local school board desires a waiver, it shall submit a request 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 and certification by the division superintendent and chairman of the local school board that every reasonable effort for making up lost teaching days or teaching hours was exhausted before requesting a waiver of this requirement. If the waiver is denied, the school division shall make up the missed instructional time in accordance with this section.\n\t\t\tIf the Board grants such a waiver, there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":277825,"text":"Notwithstanding the provisions of this section, 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 for up to five teaching days. If the local school board desires such a waiver, it shall notify the Board of Education and provide evidence of efforts that have been made by the school division to reschedule as many days as possible and certification by the division superintendent and chairman of the local school board that every reasonable effort for making up lost teaching days or teaching hours was exhausted. After receiving such notification, the Board shall grant the waiver and there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":277826,"text":"If the professional personnel of any such school division actually render service for less than the contracted period for such school year and their compensation is reduced because of insufficient funds or other reason, the proportionate amount paid by the Commonwealth for the personnel component of the Basic School Aid Fund for such school year shall be reduced pro rata.\n\t\t\tNotwithstanding any provision of law to the contrary, the school board of any school division in which the length of the term for any school or for the schools in the school division is reduced as provided in this section may pay its professional personnel such salary as they would have received if the term had not been so reduced.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":277827,"text":"In developing the school calendar as provided for in § 22.1-79.1, each local school board shall establish such calendars and teaching contracts in accordance with applicable regulations of the Board of Education to include contingencies for making up teaching days and teaching hours missed for emergency situations described in this section. Historical data shall be used to determine the needs of the locality including scheduled holidays and breaks and work days.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":277828,"text":"The Board of Education may authorize the Superintendent of Public Instruction to approve, in compliance with this section, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"15":{"id":277829,"text":"With the exception of the Basic School Aid Fund as provided for above, the Commonwealth shall not distribute funds to a locality for costs not incurred when the school term is reduced below 180 teaching days or 990 teaching hours.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"16":{"id":277830,"text":"As part of the annual report required by § 22.1-81, the division superintendent and local school board chairman shall certify the total number of teaching days and teaching hours each year.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":14186,"edition_id":1,"name":"State and Local Funds","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13154,"metadata":{},"date_created":"2026-06-26 03:47:11","date_modified":"2026-06-26 03:47:11","permalink":{"id":184215,"object_type":"structure","relational_id":14186,"identifier":"1","token":"22.1\/8\/1","url":"\/22.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13154,"edition_id":1,"name":"Public School Funds","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":184213,"object_type":"structure","relational_id":13154,"identifier":"8","token":"22.1\/8","url":"\/22.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66264,"structure_id":14186,"section_number":"22.1-100","catch_line":"Unexpended school and educational funds; capital reserve fund permitted","url":"\/22.1-100\/","token":"22.1\/8\/1\/22.1-100","metadata":false},{"id":55364,"structure_id":14186,"section_number":"22.1-100.1","catch_line":"Lottery proceeds nonrecurring costs escrow accounts","url":"\/22.1-100.1\/","token":"22.1\/8\/1\/22.1-100.1","metadata":false},{"id":76120,"structure_id":14186,"section_number":"22.1-101","catch_line":"Repealed","url":"\/22.1-101\/","token":"22.1\/8\/1\/22.1-101","metadata":false},{"id":74908,"structure_id":14186,"section_number":"22.1-101.1","catch_line":"Increase of funds for certain nonresident students; how increase computed and paid; billing of out-of-state placing agencies or persons","url":"\/22.1-101.1\/","token":"22.1\/8\/1\/22.1-101.1","metadata":false},{"id":64959,"structure_id":14186,"section_number":"22.1-88","catch_line":"Of what school funds to consist","url":"\/22.1-88\/","token":"22.1\/8\/1\/22.1-88","metadata":false},{"id":57224,"structure_id":14186,"section_number":"22.1-89","catch_line":"Management of funds","url":"\/22.1-89\/","token":"22.1\/8\/1\/22.1-89","metadata":false},{"id":59241,"structure_id":14186,"section_number":"22.1-89.1","catch_line":"Management of cafeteria funds","url":"\/22.1-89.1\/","token":"22.1\/8\/1\/22.1-89.1","metadata":false},{"id":80975,"structure_id":14186,"section_number":"22.1-89.2","catch_line":"Financial records retention and disposition schedule","url":"\/22.1-89.2\/","token":"22.1\/8\/1\/22.1-89.2","metadata":false},{"id":57636,"structure_id":14186,"section_number":"22.1-89.3","catch_line":"Repealed","url":"\/22.1-89.3\/","token":"22.1\/8\/1\/22.1-89.3","metadata":false},{"id":76526,"structure_id":14186,"section_number":"22.1-89.4","catch_line":"Certain policy required; partnerships and sponsorships","url":"\/22.1-89.4\/","token":"22.1\/8\/1\/22.1-89.4","metadata":false},{"id":58133,"structure_id":14186,"section_number":"22.1-90","catch_line":"Annual report of expenditures","url":"\/22.1-90\/","token":"22.1\/8\/1\/22.1-90","metadata":false},{"id":84642,"structure_id":14186,"section_number":"22.1-90.1","catch_line":"Inclusion of instructional spending in the School Performance Report Card","url":"\/22.1-90.1\/","token":"22.1\/8\/1\/22.1-90.1","metadata":false},{"id":84324,"structure_id":14186,"section_number":"22.1-91","catch_line":"Limitation on expenditures; penalty","url":"\/22.1-91\/","token":"22.1\/8\/1\/22.1-91","metadata":false},{"id":77426,"structure_id":14186,"section_number":"22.1-92","catch_line":"Estimate of moneys needed for public schools; notice of costs to be distributed","url":"\/22.1-92\/","token":"22.1\/8\/1\/22.1-92","metadata":false},{"id":85064,"structure_id":14186,"section_number":"22.1-93","catch_line":"Approval of annual budget for school purposes","url":"\/22.1-93\/","token":"22.1\/8\/1\/22.1-93","metadata":false},{"id":56160,"structure_id":14186,"section_number":"22.1-94","catch_line":"Appropriations by county, city or town governing body for public schools","url":"\/22.1-94\/","token":"22.1\/8\/1\/22.1-94","metadata":false},{"id":59475,"structure_id":14186,"section_number":"22.1-95","catch_line":"Duty to levy school tax","url":"\/22.1-95\/","token":"22.1\/8\/1\/22.1-95","metadata":false},{"id":59989,"structure_id":14186,"section_number":"22.1-96","catch_line":"Proration of operating cost, expenditures for capital outlay purposes and indebtedness for construction of buildings in certain school divisions","url":"\/22.1-96\/","token":"22.1\/8\/1\/22.1-96","metadata":false},{"id":76658,"structure_id":14186,"section_number":"22.1-97","catch_line":"Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds","url":"\/22.1-97\/","token":"22.1\/8\/1\/22.1-97","metadata":false},{"id":77449,"structure_id":14186,"section_number":"22.1-98","catch_line":"Reduction of state aid when length of school term below 180 days or 990 hours","url":"\/22.1-98\/","token":"22.1\/8\/1\/22.1-98","metadata":false},{"id":66234,"structure_id":14186,"section_number":"22.1-98.1","catch_line":"Extended School Year Incentive Program","url":"\/22.1-98.1\/","token":"22.1\/8\/1\/22.1-98.1","metadata":false},{"id":75612,"structure_id":14186,"section_number":"22.1-98.2","catch_line":"Certain agreements; adjustment of state share for basic aid","url":"\/22.1-98.2\/","token":"22.1\/8\/1\/22.1-98.2","metadata":false},{"id":85148,"structure_id":14186,"section_number":"22.1-99","catch_line":"Approval and certification of apportionment of school funds","url":"\/22.1-99\/","token":"22.1\/8\/1\/22.1-99","metadata":false}],"previous_section":{"id":76658,"structure_id":14186,"section_number":"22.1-97","catch_line":"Calculation and reporting of required local expenditures; procedure if locality fails to appropriate sufficient educational funds","url":"\/22.1-97\/","token":"22.1\/8\/1\/22.1-97","metadata":false},"next_section":{"id":66234,"structure_id":14186,"section_number":"22.1-98.1","catch_line":"Extended School Year Incentive Program","url":"\/22.1-98.1\/","token":"22.1\/8\/1\/22.1-98.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-98\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 316; in 1978, chapters 105 and 204; in 1979, chapter 177; in 1980, chapter 559; in 1987, chapter 65; in 1988, chapter 112; in 1990, chapter 213; in 2004, chapters 839<\/a>, 868<\/a>, and 887<\/a>; in 2006, chapters 26<\/a> and 96<\/a>; in 2015, chapter 706<\/a>; in 2019, chapters 644<\/a> and 645<\/a>.<\/p>","references":[{"id":58647,"section_number":"22.1-2.1","catch_line":"Provision of in-person instruction","order_by":null,"url":"\/22.1-2.1\/"},{"id":66234,"section_number":"22.1-98.1","catch_line":"Extended School Year Incentive Program","order_by":null,"url":"\/22.1-98.1\/"}],"refers_to":[{"id":66917,"section_number":"22.1-79.1","catch_line":"Opening of the school year; approvals for certain alternative schedules","order_by":null,"url":"\/22.1-79.1\/"},{"id":66197,"section_number":"22.1-81","catch_line":"Annual report","order_by":null,"url":"\/22.1-81\/"},{"id":78828,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","order_by":null,"url":"\/44-146.17\/"}],"permalink":{"id":184293,"object_type":"law","relational_id":77449,"identifier":"22.1-98","token":"22.1\/8\/1\/22.1-98","url":"\/22.1-98\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-98\/","token":"22.1\/8\/1\/22.1-98","dublin_core":{"Title":"Reduction of state aid when length of school term below 180 days or 990 hours","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-98","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Declared state of emergency<\/span>” means the declaration of an emergency before or after an event, by the Governor or by officials in a locality, that requires the closure of any or all schools within a school division.\n\t\t\t“Severe weather conditions or other emergency situations<\/span>” means those circumstances presenting a threat to the health or safety of students that result from severe weather conditions or other emergencies, including natural and man-made disasters, energy shortages, or power failures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The length of every school’s term in every school division shall be at least 180 teaching days or 990 teaching hours in any school year; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the length of the term of any school or the schools in a school division shall be less than 180 teaching days or 990 teaching hours in any school year, the amount paid by the Commonwealth from the Basic School Aid Fund shall, except as otherwise hereinafter provided or as otherwise provided by law<\/span>, be reduced in the same proportion as the length of the school term has been reduced in any school or the schools in the school division from 180 teaching days or 990 teaching hours. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the requirements of subsection B, in any case in which severe weather conditions or other emergency situations<\/span> result in the closing of a school or the schools in a school division or in an unscheduled remote learning day for a school or the schools in a school division, the amount paid by the Commonwealth from the Basic School Aid Fund shall not be reduced if one of the following methods of make-up days, make-up hours, or unscheduled remote learning days, as appropriate in the circumstances, is followed: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When severe weather conditions or other emergency situations<\/span> have resulted in the closing of a school or the schools in a school division for five or fewer days, the school or the schools in the school division shall make up all missed days by adding teaching days to the school calendar or extending the length of the school day; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When severe weather conditions or other emergency situations<\/span> have resulted in the closing of a school or the schools in a school division for six days or more, the school or the schools in the school division shall make up the first five days plus one day for each two days missed in excess of the first five by adding teaching days to the school calendar or extending the length of the school day; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When severe weather conditions or other emergency situations<\/span> have resulted in the closing of any school in a school division and such school has been unable to meet the 180 teaching day requirement, the school division may make up the missed teaching days by providing its students with instructional hours equivalent to such missed teaching days to meet the minimum 990 teaching hour requirement; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> When severe weather conditions or other emergency situations<\/span> have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services that are consistent with guidelines established by the Department<\/span> of Education to ensure the equitable<\/span> provision of such services. No school division shall claim more than 10 unscheduled remote learning days in a school year unless the Superintendent<\/span> of Public Instruction grants an extension. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall also not be proportionally reduced by any local governing body<\/span> because of any reduction in the length of the term of any school or the schools in a school division authorized by subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The foregoing provisions of this section notwithstanding, the Board of Education may waive<\/span> the requirement that school divisions provide additional teaching days or teaching hours to compensate for school closings resulting from a declared state of emergency<\/span> or severe weather conditions or other emergency situations<\/span>. If the local school board<\/span> desires a waiver<\/span>, it shall submit a request to the Board of Education. The request shall include evidence<\/span> of efforts that have been made by the school division to reschedule as many days as possible and certification by the division superintendent<\/span> and chairman of the local school board<\/span> that every reasonable effort for making up lost teaching days or teaching hours was exhausted before requesting a waiver<\/span> of this requirement. If the waiver<\/span> is denied, the school division shall make up the missed instructional time in accordance with this section.\n\t\t\tIf the Board grants such a waiver<\/span>, there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body<\/span> due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of this section, the Board of Education shall waive<\/span> 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<\/a> for up to five teaching days. If the local school board<\/span> desires such a waiver<\/span>, it shall notify the Board of Education and provide evidence<\/span> of efforts that have been made by the school division to reschedule as many days as possible and certification by the division superintendent<\/span> and chairman of the local school board<\/span> that every reasonable effort for making up lost teaching days or teaching hours was exhausted. After receiving such notification, the Board shall grant the waiver<\/span> and there shall be no proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. Further, the local appropriations for educational purposes necessary to fund 180 teaching days or 990 teaching hours shall not be proportionally reduced by any local governing body<\/span> due to any reduction in the length of the term of any school or the schools in a school division permitted by such waiver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the professional personnel of any such school division actually render service for less than the contracted period for such school year and their compensation is reduced because of insufficient funds or other reason, the proportionate amount paid by the Commonwealth for the personnel component of the Basic School Aid Fund for such school year shall be reduced pro rata.\n\t\t\tNotwithstanding any provision of law<\/span> to the contrary, the school board<\/span> of any school division in which the length of the term for any school or for the schools in the school division is reduced as provided in this section may pay its professional personnel such salary as they would have received if the term had not been so reduced. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In developing the school calendar as provided for in § 22.1-79.1<\/a>, each local school board<\/span> shall establish such calendars and teaching contracts<\/span> in accordance with applicable regulations of the Board of Education to include contingencies for making up teaching days and teaching hours missed for emergency situations described in this section. Historical data shall be used to determine the needs of the locality including scheduled holidays and breaks and work days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Board of Education may authorize the Superintendent of Public Instruction to approve, in compliance with this section, reductions in the school term for a school or the schools in a school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> With the exception of the Basic School Aid Fund as provided for above, the Commonwealth shall not distribute funds to a locality for costs not incurred when the school term is reduced below 180 teaching days or 990 teaching hours. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> As part of the annual report required by § 22.1-81<\/a>, the division superintendent<\/span> and local school board<\/span> chairman shall certify the total number of teaching days and teaching hours each year. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREDUCTION OF STATE AID WHEN LENGTH OF SCHOOL TERM BELOW 180 DAYS OR 990 HOURS\n(\u00a7 22.1-98)\n\nA. For the purposes of this section:\n\t\t\t“Declared state of emergency” means the declaration of an\nemergency before or after an event, by the Governor or by officials in a\nlocality, that requires the closure of any or all schools within a school\ndivision.\n\t\t\t“Severe weather conditions or other emergency situations” means\nthose circumstances presenting a threat to the health or safety of students that\nresult from severe weather conditions or other emergencies, including natural\nand man-made disasters, energy shortages, or power failures.\n\nB. Except as provided in this section:\n\n 1. The length of every school’s term in every school division shall be\n at least 180 teaching days or 990 teaching hours in any school year; and\n\n 2. If the length of the term of any school or the schools in a school division\n shall be less than 180 teaching days or 990 teaching hours in any school year,\n the amount paid by the Commonwealth from the Basic School Aid Fund shall,\n except as otherwise hereinafter provided or as otherwise provided by law, be\n reduced in the same proportion as the length of the school term has been\n reduced in any school or the schools in the school division from 180 teaching\n days or 990 teaching hours.\n\nC. Notwithstanding the requirements of subsection B, in any case in which severe\nweather conditions or other emergency situations result in the closing of a\nschool or the schools in a school division or in an unscheduled remote learning\nday for a school or the schools in a school division, the amount paid by the\nCommonwealth from the Basic School Aid Fund shall not be reduced if one of the\nfollowing methods of make-up days, make-up hours, or unscheduled remote learning\ndays, as appropriate in the circumstances, is followed:\n\n 1. When severe weather conditions or other emergency situations have resulted\n in the closing of a school or the schools in a school division for five or\n fewer days, the school or the schools in the school division shall make up all\n missed days by adding teaching days to the school calendar or extending the\n length of the school day;\n\n 2. When severe weather conditions or other emergency situations have resulted\n in the closing of a school or the schools in a school division for six days or\n more, the school or the schools in the school division shall make up the first\n five days plus one day for each two days missed in excess of the first five by\n adding teaching days to the school calendar or extending the length of the\n school day;\n\n 3. When severe weather conditions or other emergency situations have resulted\n in the closing of any school in a school division and such school has been\n unable to meet the 180 teaching day requirement, the school division may make\n up the missed teaching days by providing its students with instructional hours\n equivalent to such missed teaching days to meet the minimum 990 teaching hour\n requirement; or\n\n 4. When severe weather conditions or other emergency situations have resulted\n in the closing of any school in a school division for in-person instruction,\n the school division may declare an unscheduled remote learning day whereby the\n school provides instruction and student services that are consistent with\n guidelines established by the Department of Education to ensure the equitable\n provision of such services. No school division shall claim more than 10\n unscheduled remote learning days in a school year unless the Superintendent of\n Public Instruction grants an extension.\n\nD. The local appropriations for educational purposes necessary to fund 180\nteaching days or 990 teaching hours shall also not be proportionally reduced by\nany local governing body because of any reduction in the length of the term of\nany school or the schools in a school division authorized by subsection C.\n\nE. The foregoing provisions of this section notwithstanding, the Board of\nEducation may waive the requirement that school divisions provide additional\nteaching days or teaching hours to compensate for school closings resulting from\na declared state of emergency or severe weather conditions or other emergency\nsituations. If the local school board desires a waiver, it shall submit a\nrequest to the Board of Education. The request shall include evidence of efforts\nthat have been made by the school division to reschedule as many days as\npossible and certification by the division superintendent and chairman of the\nlocal school board that every reasonable effort for making up lost teaching days\nor teaching hours was exhausted before requesting a waiver of this requirement.\nIf the waiver is denied, the school division shall make up the missed\ninstructional time in accordance with this section.\n\t\t\tIf the Board grants such a waiver, there shall be no proportionate reduction\nin the amount paid by the Commonwealth from the Basic School Aid Fund. Further,\nthe local appropriations for educational purposes necessary to fund 180 teaching\ndays or 990 teaching hours shall not be proportionally reduced by any local\ngoverning body due to any reduction in the length of the term of any school or\nthe schools in a school division permitted by such waiver.\n\nF. Notwithstanding the provisions of this section, the Board of Education shall\nwaive the requirement that school divisions provide additional teaching days or\nteaching hours to compensate for school closings resulting from an evacuation\ndirected and compelled by the Governor pursuant to § 44-146.17 for up to\nfive teaching days. If the local school board desires such a waiver, it shall\nnotify the Board of Education and provide evidence of efforts that have been\nmade by the school division to reschedule as many days as possible and\ncertification by the division superintendent and chairman of the local school\nboard that every reasonable effort for making up lost teaching days or teaching\nhours was exhausted. After receiving such notification, the Board shall grant\nthe waiver and there shall be no proportionate reduction in the amount paid by\nthe Commonwealth from the Basic School Aid Fund. Further, the local\nappropriations for educational purposes necessary to fund 180 teaching days or\n990 teaching hours shall not be proportionally reduced by any local governing\nbody due to any reduction in the length of the term of any school or the schools\nin a school division permitted by such waiver.\n\nG. If the professional personnel of any such school division actually render\nservice for less than the contracted period for such school year and their\ncompensation is reduced because of insufficient funds or other reason, the\nproportionate amount paid by the Commonwealth for the personnel component of the\nBasic School Aid Fund for such school year shall be reduced pro rata.\n\t\t\tNotwithstanding any provision of law to the contrary, the school board of any\nschool division in which the length of the term for any school or for the\nschools in the school division is reduced as provided in this section may pay\nits professional personnel such salary as they would have received if the term\nhad not been so reduced.\n\nH. In developing the school calendar as provided for in § 22.1-79.1, each\nlocal school board shall establish such calendars and teaching contracts in\naccordance with applicable regulations of the Board of Education to include\ncontingencies for making up teaching days and teaching hours missed for\nemergency situations described in this section. Historical data shall be used to\ndetermine the needs of the locality including scheduled holidays and breaks and\nwork days.\n\nI. The Board of Education may authorize the Superintendent of Public Instruction\nto approve, in compliance with this section, reductions in the school term for a\nschool or the schools in a school division without a proportionate reduction in\nthe amount paid by the Commonwealth from the Basic School Aid Fund.\n\nJ. With the exception of the Basic School Aid Fund as provided for above, the\nCommonwealth shall not distribute funds to a locality for costs not incurred\nwhen the school term is reduced below 180 teaching days or 990 teaching hours.\n\nK. As part of the annual report required by § 22.1-81, the division\nsuperintendent and local school board chairman shall certify the total number of\nteaching days and teaching hours each year.\n\nHISTORY: Code 1950, \u00a7 22-5; 1956, Ex. Sess., c. 66; 1977, c. 316; 1978, cc.\n105, 204; 1979, c. 177; 1980, c. 559; 1987, c. 65; 1988, c. 112; 1990, c. 213;\n2004, cc. 839, 868, 887; 2006, cc. 26, 96; 2015, c. 706; 2019, cc. 644, 645;\n2021, Sp. Sess. I, cc. 19, 293.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}