W. Va. Code R. § 126-73-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-73-5 - School Calendar

5.1. Each county board must develop a school calendar each year and submit the proposed calendar to the State Superintendent of Schools, or designee, by the established deadline. Multi-county vocational centers may develop a school calendar or adopt the calendar of a partnering county and submit proposed plans to the State Superintendent of Schools or designee.

5.2. The school calendar shall provide:

(A) an instructional term for students of no less than 180 separate instructional days or equivalent instructional time gained by increasing the number of minutes by a minimum of 30 minutes to the required number of instructional minutes per programmatic level in the instructional day, and

(B) a minimum employment term for employees of no less than 200 days.

5.3. A county board may provide for a longer instructional term for students, but must increase the employment term by a comparable number of days.

5.4. Each county board must develop inclement weather and emergency policies designed to guarantee that 180 separate instructional days or equivalent instructional time is provided to students.

5.4.a. The policy must provide for the addition of accrued instructional time (1-29 minutes per instructional day) or equivalent instructional time (30 minute minimum) added to the instructional day, beyond the state required minimum, or that entire additional days of instruction be added, to recover time lost due to late arrivals and early dismissals.

5.4.b. When the equivalent instructional time added to the instructional day, beyond the state required minimum, is at least 30 minutes per day (i.e. elementary school: 315 + 30 = 345 minutes, middle school: 330 + 30= 360 minutes, high school, 345 + 30=375 minutes), a school has achieved sufficient equivalent instructional time to:

5.4.b.1. Avoid rescheduling or adding instructional days to make-up for five instructional days missed due to school closures for inclement weather or other emergencies. The county may credit the equivalent instructional time for up to five instructional days cancelledduring the instructional term with notice to the WVBE;

5.4.b.2. Schedule up to five days or equivalent portions of days within the instructional term as professional learning days for educators in lieu of instructional days for students.These days or equivalent portions of days are not subject to cancellation or being rescheduled to make-up for instructional days lost. The days must be used as determined by the county board, must be used without students present and must be used exclusively for activities by educators at the school level which are designed to improve instruction; and

5.4.b.3. Use any remaining equivalent instructional time to recover time lost due to late arrivals and early dismissals.

5.4.c. The policy may include NTID on an instructional day or days, up to five, when a school or schools are closed due to inclement weather or other emergency. The NTID must be in accordance with a plan developed by the county board and approved by the WVBE. An NTID is an instructional day notwithstanding the closure of a school or schools and shall be credited as such on the day the instruction is delivered.

5.5. Pursuant to W. Va. Code Chapter § 18-5-45(o), the WVBE may grant a waiver to a county board for noncompliance with the provisions of W. Va. Code §§18, 18A, 18B, and 18C to maintain compliance in reaching the mandatory 180 separate days of instruction.

5.6. The limitation on the delivery and application of NTID to days when a school or schools are closed due to inclement weather or other emergency as provided in this policy are not intended and may not be construed to limit the use of non-traditional instruction as an instructional delivery strategy when students may not be in the classroom or school for reasons other than a closure.

W. Va. Code R. § 126-73-5