H. B. 3082
(By Delegates Perry, Shaver, Williams,
Pino, Beach, Poling and Sumner)
February 20, 2003
; referred to the
Committee on Education.]
A BILL to amend and reenact section forty-five, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the school
calendar and providing that bank time may be accrued per day
to comply with the one hundred eighty day requirement.
Be it enacted by the Legislature of West Virginia:
That section forty-five, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-45. School calendar.
(a) As used in this section, the following terms have the
(1) Instructional day means a day within the instructional
term which meets the following criteria:
(A) Instruction is offered to students for the amounts of time
provided by state board rule;
(B) A minimum percentage of students, as defined by state
board rule, is present in the county schools;
(C) Instructional time is used for instruction, cocurricular
activities and approved extracurricular activities, and pursuant to
the provisions of subdivision (12), subsection (b), section five,
article five-a of this chapter, faculty senates;
(D) Such other criteria as the state board determines
(2) Bank time means time added beyond the required
instructional day which may be accumulated and used in larger
blocks of time during the school year for instructional or
noninstructional activities, as further defined by the state board.
(3) Extracurricular activities are activities under the
supervision of the school such as athletics, noninstructional
assemblies, social programs, entertainment and other similar
activities, as further defined by the state board.
(4) Cocurricular activities are activities that are closely
related to identifiable academic programs or areas of study that
serve to complement academic curricula as further defined by the
(b) Findings. --
(1) The primary purpose of the school system is to provide instruction for students.
(2) The school calendar, as defined in this section, is
designed to define the school term both for employees and for
(3) The school calendar traditionally has provided for one
hundred eighty actual days of instruction but numerous
circumstances have combined to cause the actual number of
instructional days to be less than one hundred eighty.
(4) The quality and amount of instruction offered during the
instructional term is affected by the extracurricular and
cocurricular activities allowed to occur during scheduled
(5) Within reasonable guidelines, the school calendar should
be designed at least to guarantee that one hundred eighty actual
days of instruction are possible.
(c) The county board shall provide a school term for its
schools that contains the following:
(1) An employment term for teachers of no less than two
hundred days, exclusive of Saturdays and Sundays; and
(2) Within the employment term, an instructional term for
students of no less than one hundred eighty separate instructional
(d) The instructional term shall commence no earlier than the
twenty-sixth day of August and terminate no later than the eighth day of June.
(e) Noninstructional days shall total twenty and shall be
comprised of the following:
(1) Seven holidays as specified in section two, article five,
chapter eighteen-a of this code;
(2) Election day as specified in section two, article five,
chapter eighteen-a of this code;
(3) Six days to be designated by the county board to be used
by the employees outside the school environment; and
(4) Six days to be designated by the county board for any of
the following purposes:
(A) Curriculum development;
(B) Preparation for opening and closing school;
(C) Professional development;
(D) Teacher-pupil-parent conferences;
(E) Professional meetings; and
(F) Making up days when instruction was scheduled but not
(f) Three of the days described in subdivision (4), subsection
(e) of this section shall be scheduled prior to the twenty-sixth
day of August for the purposes of preparing for the opening of
school and staff development.
(g) At least one of the days described in subdivision (4),
subsection (e) of this section shall be scheduled after the eighth day of June for the purpose of preparing for the closing of school.
If one hundred eighty separate instruction days occur prior to the
eighth day of June, this day may be scheduled on or before the
eighth day of June.
(h) At least four of the days described in subdivision (3),
subsection (e) of this section shall be scheduled after the first
day of March.
(i) At least two of the days described in subdivision (4),
subsection (e) of this section, will be scheduled for professional
development. The professional development conducted on these days
will be consistent with the goals established by the state board
pursuant to the provisions of section twenty-three-a, article two,
chapter eighteen of this code.
(j) Subject to the provisions of subsection (g) of this
section, all noninstructional days will be scheduled prior to the
eighth day of June.
(k) The state board may not schedule the primary statewide
assessment program prior to the
fifteenth first day of May of the
instructional year unless the state board determines that the
nature of the test mandates an earlier testing date.
(l) If, on or after the first day of March, the county board
determines that it is not possible to complete one hundred eighty
separate days of instruction, the county board shall schedule
instruction on any available noninstructional day, regardless of the purpose for which the day originally was scheduled, and the day
will be used for instruction. The provisions of this subsection do
not apply to: (1) Holidays; and (2) election day.
(m) The following applies to bank time:
(1) Bank time may not be used to avoid one hundred eighty
separate days of instruction;
(2) (1) Bank time may not be used to lengthen the time
provided in law for faculty senates;
(3) (2) The use of bank time for extracurricular activities
will be limited by the state board; and
(4) Such other requirements or restrictions as the state board
may provide in the rule required to be promulgated by this section:
Provided, That bank time may be used and accrued by increasing the
number of minutes per day that students are present in school in
order to meet the requirement of one hundred eighty separate
(n) The following applies to cocurricular activities:
(1) The state board shall determine what activities may be
(2) The state board shall determine the amount of
instructional time that may be consumed by cocurricular activities;
(3) Such other requirements or restrictions as the state board
may provide in the rule required to be promulgated by this section.
(o) The following applies to extracurricular activities:
(1) Except as provided by subdivision (3) of this subsection,
extracurricular activities may not be scheduled during
(2) The use of bank time for extracurricular activities will
be limited by the state board; and
(3) The state board shall provide for the attendance by
students of certain activities sanctioned by the secondary schools
activities commission when those activities are related to
statewide tournaments or playoffs or are programs required for
secondary schools activities commission approval.
(p) Noninstructional interruptions to the instructional day
shall be minimized to allow the classroom teacher to teach.
(q) Nothing in this section prohibits establishing year-round
schools in accordance with rules to be established by the state
(r) Prior to implementing the school calendar, the county
board shall secure approval of its proposed calendar from the state
board or, if so designated by the state board, from the state
(s) The county board may contract with all or part of the
personnel for a longer term.
(t) The minimum instructional term may be decreased by order
of the state superintendent in any county declared a federal disaster area and where the event causing the declaration is
substantially related to a reduction of instructional days.
(u) Where the employment term overlaps a teacher's or service
personnel's participation in a summer institute or institution of
higher education for the purpose of advancement or professional
growth, the teacher or service personnel may substitute, with the
approval of the county superintendent, the participation for up to
five of the noninstructional days of the employment term.
(v) The state board shall promulgate a rule in accordance with
the provisions of article three-b, chapter twenty-nine-a of this
code for the purpose of implementing the provisions of this
NOTE: The purpose of this bill is to permit the accrual of
bank time per day in order to comply with the one hundred eighty
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would