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2019 SESSION
18107255DBe it enacted by the General Assembly of Virginia:
1. That §§ 22.1-26, 22.1-79.1, and 22.1-296 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-26. Joint and regional schools; regional public charter schools.
A. Two or more school boards may, with the consent of the State Board, establish joint or regional schools, including regional public charter schools as defined in § 22.1-212.5, comprehensive schools offering all-day academic programs and career and technical education, and regional residential charter schools for at-risk pupils, for the use of their respective school divisions and may jointly purchase, take, hold, lease, convey and condemn both real and personal property for such joint, regional, or regional public charter schools. The school boards, acting jointly, shall have the same power of condemnation as other school boards except that land so condemned shall not be in excess of 30 acres for the use of any one joint or regional school. The title to all property acquired for such purposes shall vest jointly in the school boards in such respective proportions as the school boards may determine, and the schools shall be managed and controlled by the school boards jointly, in accordance with such regulations as are promulgated by the State Board. With the approval of the participating school boards and the respective local governing bodies, title to property acquired for a joint school shall be vested in the governing body of such school. The school boards operating a regional public charter school shall determine the school division to which any regional public charter school is assigned for the purposes of any restrictions on the number of public charter schools imposed by § 22.1-212.11.
B. Effective July 1, 2008, joint, regional, or regional charter schools in operation prior to the promulgation of new regulations may request a waiver of the new regulation requirements. This waiver request shall be submitted to the Board of Education on a form and in a manner prescribed by the Board. If the Board of Education grants the waiver request, the approved school shall continue to operate under the previous regulations.
C. Consistent with the provisions of this section, two or more
school boards may, with the consent of the State Board, establish joint or
regional schools, including regional public charter schools, to serve as high
schools offering (i) in addition to a comprehensive high school curriculum,
specialized training to students desiring to pursue careers in law enforcement,
fire fighting firefighting, emergency and rescue services, and other
occupations addressing public safety and welfare; or (ii) a specialized
curriculum leading to a high school diploma and a postsecondary credential,
such as industry certification, career certificate, or degree; or (iii) both.
Such schools described in clause (i) may be designed to incorporate the instructional services of retired or disabled emergency, fire, rescue, and law-enforcement personnel and internships with local agencies and organizations providing such emergency, fire, rescue, and law-enforcement services.
The relevant school boards operating schools described in
clause (ii) may, by agreement, establish alternative schedules for the delivery
of instruction that may include alternatives to standard school day and year
requirements, subject to the issuance of any necessary waivers by the Board
of Education pursuant to § 22.1-79.1 and relevant Board regulations. Such
school boards may contract with an accredited institution of higher education
or other postsecondary school licensed or certified by the Board of Education
or the State Council of Higher Education, as the case may be, pursuant to
Chapter 16 (§ 22.1-319 et seq.) of this title or Article 3 (§ 23.1-213 et seq.)
of Chapter 2 of Title 23.1, to deliver such instruction, which may include
specialized instruction and training for students who are eligible to enroll in
public high schools, consistent with §§ 22.1-3, 22.1-5, and 22.1-213.
D. Joint or regional schools, such as academic year Governor's
Schools, may set the school calendar so that the first day students are
required to attend school shall comport with the calendar of any of the
participating school divisions, including those granted a waiver, as
prescribed in § 22.1-79.1. Such calendar must be approved by the governing
board of the joint or regional school.
§ 22.1-79.1. Opening of the school year; approvals for certain alternative schedules.
A. Each local school board shall set be responsible
for setting the school calendar so that the first day students are
required to attend school shall be after Labor Day. The Board of Education may
waive this requirement based on a school board certifying that it meets one of
the good cause requirements of subsection B and determining the opening
day of the school year. 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 (i) the Thursday immediately preceding Labor Day through
Labor Day or (ii) the Friday immediately preceding Labor Day through the
Tuesday immediately succeeding Labor Day.
B. For purposes of this section, "good cause"
means:
1. A school division has been closed an average of eight
days per year during any five of the last 10 years because of severe weather
conditions, energy shortages, power failures, or other emergency situations;
2. A school division is providing, in the school year for
which the waiver is sought, an instructional program or programs in one or more
of its elementary or middle or high schools, excluding Virtual Virginia, which
are dependent on and provided in one or more elementary or middle or high
schools of another school division that qualifies for such waiver. However, any
waiver granted by the Board of Education pursuant to this subdivision shall
only apply to the opening date for those schools where such dependent programs
are provided;
3. A school division is providing its students, in the
school year for which the waiver is sought, with an experimental or innovative
program which requires an earlier opening date than that established in
subsection A of this section and which has been approved by the Department of
Education pursuant to the regulations of the Board of Education establishing
standards for accrediting public schools. However, any waiver or extension of
the school year granted by the Board of Education pursuant to this subdivision
or its standards for accrediting public schools for such an experimental or
innovative program shall only apply to the opening date for those schools where
such experimental or innovative programs are offered generally to the student
body of the school. For the purposes of this subdivision, experimental or
innovative programs shall include 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; or
4. A school division is entirely surrounded by a school
division that has an opening date prior to Labor Day in the school year for
which the waiver is sought. Such school division may open schools on the same
opening date as the surrounding school division.
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 one through twelve 12 and 540 hours
for kindergarten.
§ 22.1-296. Payment of employees; reimbursement for private transportation; certain sick leave policies.
A. Each school board shall provide for the payment of
teachers, principals, assistant principals and other employees monthly,
semi-monthly semimonthly, or biweekly, as may be determined by the
school board.
However, school boards receiving a waiver from the Board of
Education pursuant to § 22.1-79.1 and setting the school calendar so that
the first day students are required to attend occurs prior to August 15 shall
establish a payment schedule to ensure that all contract personnel are
compensated for time worked within the first month of employment.
B. All school board employees may be reimbursed for private transportation at a rate not to exceed that which is authorized for persons traveling on state business in accordance with § 2.2-2825. Whatever rate is paid, however, shall be the same for school board members and employees of the board.
C. Each local school board shall adopt policies providing for leave without pay for school board employees with debilitating or life-threatening illness or injury, without regard to the employee's length of service with the school board.
2. That no school division granted a waiver for the 2017-2018 school year under one of the good cause requirements then in effect pursuant to § 22.1-79.1 of the Code of Virginia shall be required to close each school in the school division from (i) the Thursday immediately preceding Labor Day through Labor Day or (ii) the Friday immediately preceding Labor Day through the Tuesday immediately succeeding Labor Day.