February 10, 1993

Charlotte Hutchens, Ed.D.
Assistant Superintendent
Raleigh County Schools
105 Adair Street
Beckley, West Virginia 25801-3791

Re: Faculty Senate Meetings

Dear Dr. Hutchens:

You have asked:

1. "It appears legal [based on previous interpretions] for a Faculty Senate to schedule an entire day for the purpose of conducting Faculty Senate meetings and other non-instructional activities. If a Senate so requests and the School Improvement Council approves this request, may that day be counted as an instructional day, relying on 'banked time' to fulfill the requirements of Policy 2510?"

Yes, with the permission of the County Board of Education. If the change results in a school calendar change, then the County Board of Education must also get permission from the State Department of Education for the calendar change. Permission from the Local School Improvement Council in addition to the Board's permission is a matter for the Board's discretion. Due regard should also be given to the Principal's opinion when the Local School Improvement Council is involved.

2. "If this day may not be counted as an instructional day, is this school out of compliance with W. Va. Code 18-5-15 requirements for a minimum number of instructional days in any school year?"

If banked time is used and the calendar change is approved, then the day will be counted as an instructional day. Otherwise, the school is out of compliance with Code 18-5-15 if it falls below the minimum number of instructional days required by that section. 

Dr. Charlotte Hutchens
Page Two
February 10, 1993

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools