                                 CODE OF VIRGINIA

REDUCTION OF STATE AID WHEN LENGTH OF SCHOOL TERM BELOW 180 DAYS OR 990 HOURS
(§ 22.1-98)

A. For the purposes of this section:
			&#8220;Declared state of emergency&#8221; 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.
			&#8220;Severe weather conditions or other emergency situations&#8221; 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. Except as provided in this section:

   1. The length of every school&#8217;s term in every school division shall be
   at least 180 teaching days or 990 teaching hours in any school year; and

   2. 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.

C. 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:

   1. 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;

   2. 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;

   3. 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

   4. 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.

D. 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.

E. 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.
			If 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. 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 &#xA7; 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. 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.
			Notwithstanding 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. In developing the school calendar as provided for in &#xA7; 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. 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.

J. 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.

K. As part of the annual report required by &#xA7; 22.1-81, the division
superintendent and local school board chairman shall certify the total number of
teaching days and teaching hours each year.

HISTORY: Code 1950, § 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.