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1996 SESSION

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960902410
HOUSE BILL NO. 744 Offered January 22, 1996 A BILL to amend and reenact §§ 22.1-98, 22.1-277.2 and 22.1-303 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-302.1, relating to the length of the school year. ---------- Patrons-- Puller, Darner, Fisher, McClure, Moran, Plum and Scott ---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 22.1-98, 22.1-277.2, and 22.1-303 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-302.1 as follows:

§ 22.1-98. Reduction of state aid when length of school term below 210 days or 1155 hours.

If the length of the term of any school in a school division is less than 180 210 teaching days or 990 1155 hours in any school year, the amount paid by the Commonwealth from the Basic School Aid Fund shall, except as hereinafter provided or as otherwise provided by law, be reduced in the same proportion as the length of the term has been reduced from 180 210 teaching days or 990 1155 hours. The Board of Education may authorize, in regulations promulgated pursuant to the Administrative Process Act (§ 9-6.14:1 et seq.), any school in a school division which is operated on a year-round basis on a 45/15-day schedule and which is unable to meet the 180 210-day or 990 1155-hour requirement because severe weather conditions, and other emergency situations presenting a threat to the health or safety of the students, including, but not limited to, energy shortages or power failures have required the closing of such school to make up the teaching days lost by making up the number of instructional hours equivalent to such teaching days without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The Superintendent of Public Instruction, with the approval of the Board of Education, shall authorize such reduction as may be necessary in the length of the term for any school or school division without a proportionate reduction in the amount paid by the Commonwealth from the Basic School Aid Fund when severe weather conditions, and other emergency situations presenting a threat to the health or safety of the students, including, but not limited to, energy shortages or power failures have required, as determined in accordance with regulations of the Board of Education, the closing of such school or the schools in such school division for no more than ten days in any school year if at least five teaching days shall be made up.

In any case in which severe weather conditions, and other emergency situations presenting a threat to the health or safety of the students, including, but not limited to, energy shortages or power failures have required the closing of such school or the schools in the school division for more than ten days, but less than fifteen days, five days plus each day in excess of ten days up to fifteen days shall be made up. In any case in which severe weather conditions, and other emergency situations presenting a threat to the health or safety of the students, including, but not limited to, energy shortages or power failures have required the closing of such school or the schools in the school division for more than fifteen days, at least ten days shall be made up. The local appropriations for educational purposes necessary to fund 180 210 teaching days shall not be proportionally reduced by any local governing body because of authorization by the Superintendent of Public Instruction of any reduction in the length of the term of any school or school division. If the professional personnel of any such school division actually render service for less than the contracted period for such school year and if 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 term for any school or for 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. The Board of Education shall approve for each school division the closing date for the school year beyond which days would not be required to be made up.

With the exception of the Basic School Aid Fund as provided for above, the Commonwealth may not distribute funds to a locality for costs not incurred when the school term is reduced below 180 210 days or 990 1155 hours.

§ 22.1-277.2. Admission of expelled students; authority to exclude under certain circumstances.

A student, who has been expelled from attendance at school by a school board or a private school in this Commonwealth or in another state for an offense in violation of school board policies related to destruction of school property or privately-owned property while located on school property, weapons, alcohol or drugs, or for the willful infliction of injury to another person, may be excluded from attendance by a local school board in Virginia, regardless of whether such student has been admitted to another school division or private school in the Commonwealth or in another state subsequent to such expulsion, for no more than one school year upon a finding that the student presents a danger to the other students or staff of the school division after (i) written notice to the student and his parent, guardian, or other person having control or charge that the student may be subject to exclusion, the reasons therefor, and, in the event of such exclusion, of the right to appeal the decision at a hearing before the school board or a committee thereof; and (ii) a review of the case has been conducted by the division superintendent or his designee and exclusion has been recommended. If the decision by the superintendent or his designee has been appealed to a committee of the school board, the student or his parent, guardian or other person having control or charge shall be provided written notice of the right to appeal the decision to the full board, which shall, within thirty days following any such hearing, notify in writing, the student or his parent, guardian or other person having control or charge of its decision. Upon the expiration of the exclusion period, which shall not be more than one school year, the student may petition the school board for admission. For the purposes of this section, "one school year" shall mean no more than 180 210 teaching days.

§ 22.1-302.1. Number of teacher working days.

The Board of Education shall promulgate regulations that shall be effective on July 1, 1998, that shall define the contractual period for employment as a teacher as a 210-day work year. The Board of Education shall promulgate regulations that shall be effective on July 1, 2000, that shall define the contractual period for employment as a teacher as a 240-day work year.

§ 22.1-303. Probationary terms of service for teachers.

A probationary term of service for three years in the same school division shall be required before a teacher is issued a continuing contract. Once a continuing contract status has been attained in a school division in the Commonwealth, another probationary period need not be served in any other school division unless such probationary period, not to exceed one year, is made a part of the contract of employment. Further, when a teacher has attained continuing contract status in a school division in the Commonwealth, and separates from and returns to teaching service in a school division in Virginia by the beginning of the third year, such teacher shall be required to serve a probationary period not to exceed one year, if made a part of the contract for employment.

For the purpose of calculating the three years of service required to attain continuing contract status, at least 160 180 contractual teaching days during the school year shall be deemed the equivalent of one year in the first year of service by a teacher.

2. That the provisions of §§ 22.1-98, 22.1-277.2, and 22.1-303 shall become effective on July 1, 2000.