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1998 SESSION
984465729Patrons-- Saslaw, Barry, Bolling, Edwards, Forbes, Howell, Lambert, Lucas, Norment, Schrock, Stolle, Walker, Williams and Woods; Delegates: Albo, Christian, Councill, Crittenden, Croshaw, Diamonstein, Hamilton, Hargrove, Harris, Hull, Jackson, McDonnell, Shuler, Spruill, Tata, Van Landingham and Wagner
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-79.1 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-79.1. Opening of the school year.
A. Each local school board shall set 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 on a showing of good cause.
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 ten years because of severe weather conditions, energy shortages, power failures, or other emergency situations;
2. A school division is providing an instructional program or programs in
all of its elementary, middle or high schools, excluding the electronic
classroom, which are dependent on and provided in one or more elementary,
middle or high schools of another school division that qualifies for such
waiver. [ Provided, however
However, ] any waiver granted by the Board of
Education pursuant to this subdivision [ 2 ]
shall only apply to the opening date for those schools where such
dependent programs are provided; or
3. A school division is providing its students 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.
[ Provided, however However, ]
any waiver or extension of the school year granted by the Board of
Education pursuant to this subdivision [ 3 ]
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 provided to the entire
student body of the school.