Interpretation's Date: September 18, 2002
by superintendent David Stewart
Section: V. Personnel
SubSection: A. Professional Personnel



September 18, 2002

Dr. Stephen Nichols
Jefferson County Schools
P.O. Box 987
Charles Town, WV 25414

Dear Dr. Nichols:

I am in receipt of your request for a Superintendent's Interpretation, dated August 2, 2002, regarding dismissal time for students on instructional days for faculty senate meetings. Specifically, you ask:

Can the dismissal time occur earlier than two hours before the end of the instructional day to allow for dismissal of students prior to the meeting?

West Virginia Code 18-5A-5 provides that a local board shall provide to each faculty senate a "two-hour per month block of instructional time within the instructional day." As you point out, West Virginia Code 18-5-45(m)(2), newly enacted by the Legislature as part of Senate Bill 247, states that "[b]ank time may not be used to lengthen the time provided in law for faculty senates."

Accordingly, construing these two provisions together, a county board of education may not release students more than two hours early on instructional days. Releasing the students earlier than two hours before the end of the instructional day would require the use of bank time, which is now expressly prohibited by law.

Hoping that I have been of service, I am



David Stewart
State Superintendent of Schools


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