School make-up days

Finding an equitable solution to balance instruction, family vacations

During 2009-10, my first school year as commissioner of education in Kentucky, we faced an especially harsh winter due to ice and snow.  Many school districts missed in excess of 30 instructional days. Through budget language that year, the General Assembly provided some relief to districts on making up time missed.

In the subsequent school years of 2010-11, 2011-12, and 2012-13, we saw relatively mild winters and districts were able to easily meet calendar requirements.

The 2013-14 winter has been very severe once again and as of today, districts have missed on average about 16 instructional days; however, a large number of districts have missed more than 20 days of school and a few more than 30. Currently, the General Assembly is negotiating between the House and Senate to find a path forward to help school districts.

Since my first winter in Kentucky in 2009-10 and through today, as commissioner, I have been consistent in my approach to handling calendar challenges due to inclement weather. My guiding principle is that students and teachers deserve an adequate amount of instructional time and the public expects students to receive and adequate amount of instruction time. An adequate amount of instruction time is defined in legislation as 1,062 hours. To allow some school districts to go below the minimum would do a disservice to students, teachers, and the tax-paying public. As a matter of record, each school day costs taxpayers about $17 million. To completely waive 10 days would seem to be a waste of $170 million. However, by requiring all districts to meet the 1,062 hours, we would have a system that ensures taxpayer funds are providing an equal opportunity to all children.

Here are a few examples that show the majority of districts would have more flexibility on the last day of school with the 1,062 hour provision rather than the 10-day waiver.

District	Days Missed	End-of-Year with 1,062 hours	End-of-Year with 10-day waiver	Instructional hours under 10-day waiver
Floyd Co.	30	6/2	6/6	1,043
Clay Co.	22	6/2	5/28	1,013
Logan Co.	16	5/21	5/29	1,043
Boone Co.	13	5/23	5/23	1,026
Morgan Co.	32	6/2	6/3	1,045

While I understand that parents and teachers make plans for spring break and summer vacation, I continue to focus on the critical need for adequate instructional time. Of course, there should be some consideration of context. No one expects a school to continue operation beyond mid to late June, so we must have flexibility to add time to school days so that most districts are able to meet the 1,062 hour requirement.

My concern with giving a blanket waiver of 10 days is inequity. A school district that has missed 34 days would have to make up 24 days. A school district that has missed 11 days would only have to make up only one day. However, by focusing on the minimum instructional time of 1,062 hours, all school districts would be treated equally and all students would be treated equally. The majority of school districts would have more flexibility with the 1,062 hour requirement than a 10-day waiver.

As commissioner, I will implement the legislation that is agreed upon by the General Assembly and signed by the Governor. While we may have some disagreement on which method of flexibility is best for school districts (waiver of 10 days or 1,062 hour requirement), one thing we all agree on is that the decision needs to be made as soon as possible so school districts can set graduation dates and inform parents of make-up days or extended school hours.

Hopefully the conference committee will make some decisions in the next few days so we can inform school districts. The Kentucky Department of Education will provide a simple and fast system to implement whichever method the General Assembly enacts.

Build School Calendars Around Access to Instruction

During the regular session of the 2010 General Assembly, the school calendar issue was once again a major item for discussion. Due to the H1N1 virus, snow days, flood days and many other “disaster” impacts, superintendents were once again faced with difficult decisions about canceling school and scheduling makeup days.

As Commissioner of Education, my primary focus is making certain our students have access to instruction that will ensure their success and their future. For that reason, I was very opposed to waiving instructional days/hours. However, having served as a local superintendent, I also know how difficult the development of a school calendar can be and how difficult it is to schedule makeup days.

Through this blog, I am re-emphasizing the request to get suggestions and proposals from local school districts concerning makeup days and school calendars. I have announced in several venues that the Kentucky Department of Education (KDE) would promote possible pilots to provide virtual learning opportunities for makeup days. There are many problems to overcome with these pilots, and legislation possibly may be needed, so this will not be a “quick” process. The 2010 General Assembly also charged the Kentucky Board of Education (KBE) with developing regulatory language to guide innovative alternative school calendars. We will provide more information on this issue after the June KBE meeting.

The budget bill contains minimal requirements for school calendars. The bill’s language says that the school term shall include, at a minimum, the equivalent of 177 six-hour instructional days, which is 1,062 instructional hours. But, it is very clear that the intent of the legislature, supported by KDE, is that school districts should include 177 six-hour instructional days in their original 2010-11 calendars.

To further stress the emphasis on instructional days, the budget bill requires KDE to report to the Legislative Research Commission (LRC) the test scores for any district with less than 177 six-hour instructional days. Although there is great flexibility provided in the language, KRS 158.070 defines the minimum school term as 185 days, and that will easily accommodate 177 instructional days and the required minimum of four professional development days. Opening Day, Closing Day and holidays are discretionary, and the school term may be extended beyond 185 days if needed should a district choose to include them.

As commissioner, I believe the intent of the budget was clear. Districts should maintain 177 days of instruction and NOT reduce teacher pay. In the final budget, the SEEK amounts for FY11 ($3,868 per pupil) and FY12 ($3,903 per pupil) were actually increased from the FY10 amount of $3,866 per pupil.

We hope districts will be able to meet the intent of the budget; however, we do recognize that each district has unique circumstances, and KDE will approve school calendars that meet the requirements of statute and budget language (the equivalent of 177 days).

School Calendars and Instructional Time

In a communication to board members and superintendents last week, I provided the following information concerning attendance.

For school year 2009-10, current state law and budget bill language require that school districts provide the equivalent of 177 six-hour days and 1,062 hours of instruction. That total must include two more six-hour days in addition to the number of six-hour days that were fulfilled during the 2005-06 school year. School districts also must provide four professional development days and may designate four holidays, one opening day and one closing day.

Districts must meet the requirements for both the number of six-hour instructional days and the 1,062 instructional hours. Adding additional minutes to the school days remaining in the calendar to make up required instructional time will only be an option if used to provide the minimum of 1,062 hours or to increase a short day to a six-hour day. Adding additional minutes to multiple days is not an option for making up the equivalent of a full six-hour day missed due to weather conditions or flu.

Other calendar allowances include:

· Districts may change spring break days to instructional days.
· Districts may change scheduled shortened days into six-hour instructional days.
· Districts may use a total of five emergency hours for days shortened due to an emergency.
· Districts may hold professional development days on Saturday, at their discretion. Professional development day activities should occur with supporting documentation and evidence that activities can be substantiated.
· Districts may not have school on a regular election day or a primary election day. This year, May 18 is primary election day in Kentucky.
State regulation 702 KAR 7:140 (section 4) says that a school district can seek “forgiveness” of days missed. However, the district must have missed at least 20 days and must make up the first 20 days missed.

Although I’m relatively new to Kentucky, the issues surrounding school calendars – weather- or illness-related closings, makeup days, instructional time requirements and more -- are ones that I’ve dealt with in the past.

I strongly believe that children should get the instructional time that they are entitled to each year under state law. I also believe that school calendars should be designed with the best interests of children – not adults – in mind.

The balance between providing a safe and healthy school environment and ensuring that children receive the instructional time they deserve is sometimes difficult to maintain. But, with thoughtful calendar planning, the struggle to meet the mandates of state law related to time in school can be eased.

I have encouraged school districts to begin looking at school calendars now and using their experiences over the past few winters to make decisions for the future. Ask the hard questions – Is a fall break really necessary? Is spring break an untouchable time? Are the start and end dates for the school year set appropriately?

The vagaries of weather and the impact of flu and other illnesses are hard to predict. But, with careful planning, we can provide our students with consistent time in school and strong instructional practices.

I have been very clear and consistent in my message. I believe our children have a right to a minimum of 1,062 hours of instruction within 177 days. It is inconsistent on the one hand to cry “foul” when the legislators seek a two-day reduction in instruction and then to request a waiver from instructional time due to weather-related issues that could be addressed through improved calendar management. In this case, I will always err on the side of instruction for our children, and while makeup days may inconvenience adults, the instruction of our children is the foundation for all of my decisions.

Of course, the General Assembly could pass legislation that would make my position moot.