SESSION history | hilite | pdf | print version 19106643DVIRGINIA SENATEACTS BILLOF NO.ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 22.1-79.1 and 22.1-296 of the Code of Virginia, relating to the school calendar;

1005 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Education on February 11, 2019) (Patrons Prior to Substitute--Senators Chase, Howell [SB 1074], and Favola [SB 1113]) A BILL to amend and reenact §§ 22.1-26, 22.1-79.1, and 22.1-296 of the Code of Virginia, relating to the school calendar;

[S 1005] Approved   Be it enacted by the General Assembly of Virginia:

That §§ 22.1-26,22.1-79.1 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.

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 no earlier than 14 days before Labor Day.

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A 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.

oror. 4.

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 4.

Each school board shall provide for the payment of teachers, principals, assistant principalsprincipals, and other employees monthly, semi-monthly semimonthly, or biweekly, as may be determined by the school board.

That noany school board of a school division that was granted a waiver for the 2018-2019 school year under one of the good cause requirements then in effect pursuant to § 22.1-79.1 of the Code of Virginia shallor bepursuant required to closeChapter each3 schoolof in the schoolActs divisionof fromAssembly (i)of the2012, ThursdaySpecial immediatelySession precedingI, Labormay Daycontinue throughto Laborset Daythe orschool (ii)calendar so that the Fridayfirst immediatelyday precedingstudents Laborare Dayrequired throughto theattend Tuesdayis immediatelyearlier succeedingthan 14 days before Labor Day.

Additionally, any school board of a school division that was granted a waiver pursuant to Chapter 3 of the Acts of Assembly of 2012, Special Session I, shall not be required to close the Friday immediately preceding Labor Day.