Morgan County Schools
Bylaws & Policies


The Board of Education ("the Board") recognizes that the preparation of a calendar for the instructional program of the schools is necessary for orderly educational planning and for the efficient operation of the District.

Before the Board votes on a final school calendar, the Board shall hold at least two (2) public hearings on the school calendar. The public notice of the date, time and place of the public hearing must be published in a qualified newspaper as a Class II legal advertisement, in accordance with the provisions of State law (WV Code 59-3-1, et seq.). Notices for both hearings can be published in one (1) advertisement. The first notice must be published at least ten (10) days prior to the first meeting to provide sufficient time for interested parties to plan on attending the hearing. Topics that may be addressed at the public hearing include, but are not limited to:



the total number of instructional days in a school year;



length of school day;



noninstructional days;



out-of-calendar days; and



beginning and end dates of employment and instruction terms.

Pursuant to law, the Board must develop a school calendar each year and submit the proposed calendar to the State Superintendent of Schools (State Superintendent), or designee, by the established deadline.

The Board shall provide a calendar for its schools that contains a minimum employment term for employees of no less than 200 days and an instructional term for students of no less than 180 separate days of instruction. If the Board establishes a longer instructional term for students, the employment term shall be increased by a comparable number of days.

The Superintendent may close schools due to disease, epidemic, hazardous weather conditions, law enforcement emergencies, damage to a school building, utility failure, or inoperability of school buses or other equipment needed for school operations (collectively, "a calamity"), the schools nevertheless must be in session with students in attendance for at least the minimum number of days and hours required by State law.

The minimum instructional term may be decreased by order of the State Superintendent in any district declared a Federal disaster area and where the event causing the declaration is substantially related to a reduction of instructional days.

Notwithstanding any provision of State law to the contrary, the State Board may grant a waiver to a district board for its noncompliance with provisions of State law to maintain compliance in reaching the mandatory 180 separate instructional days.

Employment Term

Pursuant to West Virginia State Board of Education policy and State law, the school calendar shall provide for an employment term that meets the following criteria:



An employment term of at least 200 days, excluding Saturdays and Sundays, for all regular, full-time employees, which days need not be successive.



The length of the employment term (from the beginning to closing dates) cannot exceed forty-eight (48) weeks, in accordance with State law.



The minimum employment term shall consist of no less than 180 separate days of instruction, and twenty (20) noninstructional days, comprised of the following:



Seven (7) paid holidays (any combination of the school holidays included in State law, which are: Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Christmas Day, New Year’s Day, Martin Luther King’s Birthday, Memorial Day, or West Virginia Day) In compliance with State law, any remaining school holidays are to be scheduled as nonpaid, out of calendar days, and are to be considered as such for all 200-day employment contracts.



An election day, as specified in State law;



Six (6) days to be designated as outside of the school environment, four of which must be scheduled after the 130th day of instruction of the school calendar;



The remaining days to be designated by the Board for purposes to include, but not be limited to:



curriculum development;



preparation for opening and closing school;



the provision of at least eighteen (18) hours of Professional development for all professional and service personnel, which shall be completed by the personnel annually, within the minimum 200-day employment term;



teacher-student-parent conferences;



professional meetings;



making up days when instruction was scheduled but not conducted;



pursuant to State law, one (1) additional faculty senate meeting shall include a two (2) hour block of time on a day scheduled for the opening of school, prior to the beginning of the instructional term; and,



scheduled out-of-calendar days that are to be used for instructional days in the event school is canceled for any reason. An out-of-calendar day is a nonpaid day that is not included as part of the minimum 200 day employment term.



The Board is required to provide to all professional and service personnel employed at least eighteen (18) hours of professional development annually and the school calendar must be developed in such a manner that the requirement can be met during the minimum 200-day employment term. All professional and service personnel are required to complete the number of hours of professional development provided each year by the Board.

Instructional Term



The school calendar shall provide an instructional term for students of no less than 180 separate days of instruction. State law defines an instructional day to mean a day within the 180 instructional term, including the days used to reschedule canceled instructional days, that meets the following criteria:



Instruction is offered to students for at least the minimum amount of hours specified by West Virginia State Board of Education policy 2525, West Virginia’s Universal Access to Early Education System for pre-kindergarten, and West Virginia State Board of Education policy 2510 for grades kindergarten through twelve. The instructional day does not include time for homeroom, class changes, breaks/recess, lunch, and other non-instructional activities from the first designated assembling of the student body in groups (homeroom or first period) to the dismissal of the student body;



Instructional time is used for instruction and/or co-curricular activities. A co-curricular activity is an activity that is closely related to identifiable academic programs or areas of study that serve to complement the academic and technical curricula for students; and



The instruction provided meets the West Virginia content standards.



If instructional time is lost due to delayed start time for a school or multiple schools or a school or multiple schools are dismissed early on account of the prevalence of contagious disease, conditions of weather or other calamitous cause over which the Board has no control, the Board will recover lost instructional time by authorizing the Superintendent to administratively adjust school day schedules after the school term has begun.



The Board will not be required to add additional minutes to the instructional day, or convert noninstructional days to instructional days, if all affected schools have accumulated sufficient accrued instructional time through their regular schedules that can be used to make-up the missed time caused by late arrivals and early dismissals.



Accrued instructional time is defined as instructional time earned during the instructional term from time added to the instructional day beyond the minimum instructional time required by West Virginia State Board of Education policy 2510. Accrued instructional time may be only used to recover instructional time lost due to: the late arrival or early dismissal of students due to inclement weather; the prevalence of contagious disease; other calamitous cause over which the Board has no control; professional development activities; or to accommodate the scheduling of faculty senate meetings on instructional days. Accrued instructional time cannot be used to avoid 180 separate days of instruction.



If it is not possible to provide 180 separate instructional days within the school calendar as originally scheduled, the Board shall schedule instruction on available noninstructional days (other than holidays, election day, or Saturdays and Sundays), regardless of the purpose for which the day was originally scheduled, or use a day that was scheduled as an out-of-calendar day.


A noninstructional day is defined as a day within the minimum 200-day employment term in which no instruction is provided. The Board has the ability to apply for a waiver in accordance with the provisions of State law to assist with meeting the mandatory 180 days of instruction.



If an out of calendar day is used as a make-up instructional day, the originally scheduled instructional day that was canceled becomes the out-of-calendar day (unpaid day). In accordance with State law, an employee’s pay is not to be adjusted during a pay period because of this revision in the school calendar.



The Board may designate specific noninstructional days that are not to be converted to instructional days if it can assure 180 days of instruction.



In accordance with West Virginia State Board of Education policy 2510, co-curricular activities may, by their nature, be scheduled without regard to the use of accrued instructional time.



Extracurricular activities do not count towards meeting the minimum instructional time for an instructional day. Extracurricular activities include athletics, noninstructional assemblies, social programs, entertainment and other similar activities. Accrued instructional time may not be used to accommodate the scheduling of extracurricular activities during instructional days.

Faculty Senate Meetings

In accordance with State law, the school calendar must provide to each faculty senate a two-hour block of time for a faculty senate meeting on a day scheduled for the opening of school prior the beginning of the instructional term.

The school calendar must also provide at least four (4) additional two (2) hour blocks of time, during noninstructional days, with each two-hour block of time scheduled once at least every forty-five (45) instructional days. The portion of the noninstructional day scheduled for the faculty senate meeting shall be considered as part of the purpose for which the noninstructional day is scheduled.

Faculty senates may also schedule a meeting during an instructional day if sufficient accrued instructional time has been earned by a school; however, every school in the district must have earned sufficient time for all faculty senates in the district to meet in this manner.

A faculty senate may also meet for an unlimited block of time during a noninstructional day to discuss and plan strategies to improve student instruction and to conduct other faculty senate business.

A faculty senate may elect to schedule a meeting on an instructional day outside of the instructional time for students, and take compensatory time off on the noninstructional day that is provided by the Board for its meeting, as long as the meeting takes place prior to the day that is scheduled in the school calendar.

If a noninstructional day that is originally scheduled for faculty senates to meet is canceled due to inclement weather, the Board may, but is not required, to reschedule the noninstructional day in order for the faculty senates to meet.

Approval of Appropriate Instructional Time Alternatives

State law provides that alternatives regarding instructional time proposed by the Board or a school may be approved by the State Board of Education so long as the alternative meets the spirit and intent of applicable statutes and are intended solely to optimize student learning.

Pursuant to West Virginia State Board Rule 3234, successful schools are distinguishable from unsuccessful schools by the frequency and extent to which teachers discuss professional practices, collectively design materials, and inform and critique each other through collaborative planning, examination of student data, and participation in high quality professional learning experiences.

To achieve successful schools, the State Board of Education must have reasonable discretion to balance the local autonomy and flexibility needed by schools to deliver a thorough and efficient education as evidenced in a proposal that includes:



sufficient time within the instructional term to promote the improvement of instruction and instructional practices;



school-level determination of alternatives affecting time within the school day that provide teachers with:



sufficient planning time to develop engaging, differentiated instruction for all students in all classes, and



collaborative time for teachers to undertake and sustain instructional improvement;



consideration of how learning time must not be assumed solely to be the time that a student is seated at a desk, but can also include time in the school day during which actively engages students in the learning process; and



articulation of how schools are provided the opportunity to determine which methods will be utilized to ensure teachers can plan individually and collectively to maximize learning time, such as:






using special subject teachers and guest presenters;



dedicating time set aside for professional learning experiences and/or staff development;



implementing alternative staff utilization patterns;



providing opportunities for administrators to teach; and/or



utilizing accrued instructional time.

Submission of School Calendar to West Virginia Board of Education for Approval

In accordance with State law, prior to implementing the school calendar, the Board must secure approval of the proposed school calendar from the West Virginia Board of Education.

Unless the West Virginia Board of Education requests otherwise, the authority to approve the annual school calendar is delegated to the State Superintendent. This does not include the approval of waiver requests.

The school calendar, and any additional requested information, must be submitted in accordance with the annual instructions issued by the State Superintendent.

WV Code 18-5-45, 18-2-23a, 18A-5-2, 18-5A-5, 18-5-45(k), 18-5-45(o)
WV Code 59-3-1 et seq., 18-2-5(c)
West Virginia State Board of Education policy 2510
West Virginia State Board of Education policy 3234

Revised 4/4/17

© Neola 2016