                                 CODE OF VIRGINIA

OPENING OF THE SCHOOL YEAR; APPROVALS FOR CERTAIN ALTERNATIVE SCHEDULES (§
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 no earlier than 14 days before
Labor Day. In each school division in which the school board sets the school
calendar so that the first day students are required to attend school is before
Labor Day, such school board shall close each school in the school division from
the Friday immediately preceding Labor Day through Labor Day. The Board of
Education may waive this requirement based on a school board certifying that it
meets the good cause requirements of subsection B.

B. For purposes of this section, &#8220;good cause&#8221; means a school
division is providing its students, in the school year for which the waiver is
sought, with 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.
Any waiver provided pursuant to this subsection shall only apply to the opening
date for those schools where such year-round instructional programs are offered.

C. Individual schools may propose, and local school boards may approve, pursuant
to guidelines developed by the Board of Education, alternative school schedule
plans providing for the operation of schools on a four-day weekly calendar, so
long as a minimum of 990 hours of instructional time is provided for grades
kindergarten through 12.

D. Notwithstanding the provisions of this section or any other provision of law,
the school board of any school division located in Planning District 16 that was
not granted a good cause waiver pursuant to this section for the 2018-2019
school year but would qualify for such a waiver pursuant to this section as it
was in effect prior to July 1, 2019, for the 2019-2020 school year may set the
school calendar so that the first day students are required to attend is earlier
than Labor Day, including earlier than 14 days before Labor Day. Additionally,
the school board of any school division located in Planning District 16 that is
entirely surrounded by two school divisions that either were granted a waiver
pursuant to Chapter 3 of the Acts of Assembly of 2012, Special Session I, or
would qualify for a good cause waiver pursuant to this section as it was in
effect prior to July 1, 2019, for the 2019-2020 school year may open schools on
the same opening date as either such surrounding school division.

E. Notwithstanding the provisions of this section or any other provision of law,
the school board of any school division from which students attend Northern Neck
Technical Center may set the school calendar so that the first day that students
are required to attend school is earlier than Labor Day, including earlier than
14 days before Labor Day.

HISTORY: 1986, c. 587; 1998, c. 702; 2003, c. 724; 2010, cc. 49, 88; 2011, cc.
216, 387; 2015, cc. 701, 702; 2019, cc. 569, 570, 637; 2020, cc. 582, 695.