Senate Bill No. 404

(By Senators Bailey, Ross, Jackson, Waker, Scott, Wooton, Bowman, Helmick, Fanning, Kessler, Dittmar, Sharpe, Schoonover, Love, Ball, Hunter, Oliverio, Deem, Kimble, Craigo, Prezioso, White, Snyder, Anderson, Chafin, Plymale and Tomblin, Mr. President)


[Introduced February 5, 1998; referred to the Committee
on Government Organization.]

A BILL to amend and reenact section two, article five, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to closing schools for the observance of "Robert C. Byrd Day" on the Friday following the fourth Thursday of November.

Be it enacted by the Legislature of West Virginia:
That section two, article five, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§18A-5-2. Holidays; closing of schools; time lost because of such; special Saturday classes.

Schools shall not be kept open on any Saturday nor on the following days which are designated as legal school holidays, namely: Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday following the fourth Thursday of November designated as the "Robert C. Byrd Day", Christmas Day, New Year's Day, Martin Luther King's birthday, Memorial Day, West Virginia Day, and any day on which a primary election, general election or special election is held throughout the state or school district and any day appointed and set apart by the president or the governor as a holiday of special observance by the people of the state.
When any such holiday falls within the employment term, it shall be considered as a day of the employment term and the full- time school personnel shall receive his or her pay for same. When any of the above designated holidays, except a special election, falls on Saturday, the schools shall be closed on the preceding Friday; when any such falls on Sunday, the schools shall be closed on the following Monday.
Special classes may be conducted on Saturdays, provided they are conducted on a voluntary basis, for pupils and by teachers and service personnel, and that such teachers and service personnel shall be remunerated in ratio to the regularly contracted pay.
Any school or schools may be closed by proper authorities on account of the prevalence of contagious disease, conditions of weather or any other calamitous cause over which the board has no control. Under any or all of the above provisions, the time lost by the closing of schools is counted as days of employment and as meeting a part of the requirements of the minimum term of one hundred eighty days of instruction. On such day or days, county boards of education may provide appropriate alternate work schedules for professional and service personnel affected by the closing of any school or schools under any or all of the above provisions. Professional and service personnel shall receive pay the same as if school were in session. Insofar as funds are available or can be made available during the school year, the board may extend the employment term for the purpose of making up time that might affect the instructional term.
In addition to any other provisions of this chapter, the board is further authorized to provide in its annual budget for meetings, workshops, vacation time or other holidays through extended employment of personnel at the same rate of pay.

NOTE: The purpose of this bill is to provide that schools be closed on the Friday following Thanksgiving Day, and to declare that day "Robert C. Byrd Day".

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.