Response to 180-Day Waiver Requests

To:Superintendents and Charter School Leaders
From:Mitchell D. Chester, Ed.D., Commissioner
Date:January 21, 2009
The severe weather that we have experienced this winter has prompted many inquiries about waivers from the 180-day minimum school year requirement. As I stated in my December 23, 2008 memo, at this point in the school year I am unwilling to grant any waivers. There is still time for districts that have had to close for multiple days to adjust their calendars to ensure that our students do not lose out on valuable learning time. Making up missed days can be done in several ways. Some school districts have already decided to take one or more of these actions: cancel or shorten either their February or April vacations, convert scheduled professional development days into school days for students, hold school days on Saturday, keep school open on Good Friday, or add days later in June beyond the originally scheduled last day of school. That said, I recognize that it is only mid-January, and this is New England. In anticipation that additional winter storms may necessitate further school closings and in response to suggestions made by several superintendents, I strongly encourage districts that have already missed more than the five make-up days that are required to be built into their schedules to take two immediate actions:
  1. Adjust your calendar to make up the days (beyond the five built into your schedules) that you have lost as of January 21, 2009; and
  2. Adjust the daily schedules in your schools to build in at least one additional class period each day or for some portion of the days each week. Provided this additional time is used in a meaningful way (i.e., an extra class period vs. lengthening each period by a few minutes), this time will be seen as "banked" toward making up any additional full school days that may have to be cancelled due to severe weather later in the current school year. For example, a district that has already lost more than five days as of January 21 is required to make up each day lost by scheduling that number of additional full days of school between now and the end of the academic year to ensure that every student is guaranteed 180 days of school this year. Only days that are lost after January 21 can be made up using the "banked" hours. To bank the hours, follow this sample formula: If a school day is 360 minutes (6 hours) long, and a class period is 45 minutes, 8 additional 45-minute periods will equal one school day. Keep in mind that if no additional school closings occur, this "banked" time cannot be used to shorten the school year.
Districts that take both of these recommended steps will be seen as having made a "good faith effort" toward meeting the 180-day requirement and will be given strong consideration for waiver requests resulting from future storms that necessitate school closings later in the school year. Waiver requests for days canceled due to future storms will not be considered from districts that do not make adjustments that respond to school closings to date and that do not anticipate possible school closings over the remainder of the year. There is no question that this has already been an extraordinary winter, and no one could have predicted the devastating impact the December ice storm had on central Massachusetts. I recommend that districts remember this year's experience when planning for the 2009-2010 school year, and adopt calendar provisions that anticipate the potential need for more than the five make-up days already built into the calendar. Among the provisions to consider are starting the school year before Labor Day and providing notice to staff and families that any days beyond the scheduled five make-up days will be taken from the February or April vacations. Thank you for your commitment to ensuring a full year of learning for the Commonwealth's children.



Last Updated: January 21, 2009



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