Issue: Shortening the School Year

Also available as a pdf: Shortening the School Year (16k )
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As Oregon’s economic woes deepen and financial uncertainty grows, some districts are considering early closure or a shortened school year for 2002-03 or beyond. There are several issues you should consider before deciding to shorten the school year.

Instructional Hours and Standardization Status

• OAR 581-022-1620 sets minimum standards for student instructional hours. Shortening the school year may put your district under the minimum.
• Student and staff activities related to the closing of the school year are not counted as part of total instructional hours.
• The rule also requires “no fewer than 265 consecutive calendar days between the first and last instructional day of each school year at each grade level.”
• OAR 581-022-0102 (51) sets the “units of credit” requirement for a high school diploma. Only a “standard” or “conditionally standard” school can have these credits count towards graduation.

Consequences and Remedial Actions

To receive state school funds school districts must maintain a standard school which is in compliance with all state standards in OAR Chapter 581 in Division 22. School districts are required annually to submit a Division 22 assurance form that shows their compliance to the state Department of Education. (In 2002-03 the form is due Feb. 17, 2003.)

Part of being a standard school requires meeting the minimum standards for student instructional hours. It is possible to apply for a waiver of the OAR standards. However, the standard waiver process outlined in OAR 581-022-1920 cannot be used for shortening the school year due to financial hardship, according to a 1990 attorney general’s letter opinion.

To make sure that a district’s state school funds are not withheld due to not meeting the minimum instructional hours because of financial hardship, a district must:

• Notify the Department of Education.
• If the decision to not meet minimum instructional hours is made prior to submitting the 2002-03 Division 22 assurance form, the district should indicate noncompliance on that form.
• If the decision is made after the assurance form is submitted the district must immediately notify the Department of Education of non-compliance.
• Districts designated as non-compliant must develop a plan, approved by the school district board, to correct the deficiency by the next school year and submit that plan to the State Superintendent for approval.
• When the plan is accepted the district is designated conditionally standard. If the deficiencies cannot be corrected before the beginning of the next school year, the State Superintendent may extend the period of time to meet standards by an additional year.
• If the school district then fails to meet standards, state school funds may be withheld.

Employment Contracts and Collective Bargaining Agreements

• Employment contracts and collective bargaining agreements may contain language that bars shortening the school year. The specific language of the contract will determine how much freedom you have.
• You should review contract language with your district’s labor consultant or school attorney before deciding to shorten the school year. Watch for language such as “The work year for 2002-03 shall be 190 workdays.”
• Maintenance of Standards clauses can also bar a district from shortening the school year. For example: “Employees covered by this Agreement shall not suffer a reduction in compensation or economic benefits presently in effect by the execution of this Agreement, except those reductions that are expressly and specifically set forth in the terms of this contract.” Reduction methods typically set forth in a contract are layoff or discipline/dismissal procedures.
• This kind of language may appear in a variety of articles within your agreement. If it is present, you may request a voluntary re-negotiation of the provision, or implement layoffs instead.

Enabling Language

Occasionally, contracts contain language that specifically addresses shortening the school year. For example: “If sufficient funds are not available, then the number of contract days for teachers shall be eliminated/reduced by up to 15 days with a proportionate reduction in annual salary [and benefits]¹ . The exact number of contract days to be reduced shall be determined by the district. The salaries on the salary schedules represent the salaries for a 190 day contract.”

Bargaining Obligations

• A contract may contain language that allows the reopening of the agreement when funding issues arise. For example: “The Board, if it experiences an unexpected revenue shortfall which would affect the Board’s ability to fund the economic provisions of this Agreement, may reopen negotiations.” The interim (90-day) bargaining process is usually used for these re-opened negotiations.
• If your current agreement does not have language that either bars or enables you from shortening the school year, the interim bargaining process (ORS 243.698) is available to you.
• If you are currently in bargaining, you may not use the interim procedure. Proposals that allow you to shorten the school year should be submitted in successor agreement negotiations.
• Before you decide to shorten the school year, you should have all your labor agreements (teachers, classified, administrator, supervisors, and directors) analyzed by a labor consultant, attorney, or human resource staff member.

Special education

• You must comply with state and federal mandates regarding services for special education students. A budget shortfall does not allow you to curtail services to these students.
• If the school year is shortened, some students may lose ground and therefore qualify for extended year services.
• IEPs do not usually contain the actual number of days in the school year, but it is essential to examine these documents. In general, out-of district placements must be maintained even if the school year is reduced.
• You may also need to look at the requirement for “maintenance of effort.” This requires you to spend at least as much money as was spent in the prior year. But remember that this is a fiscal standard not a time standard.

High school seniors

• Diploma and Certificate of Initial Mastery requirements are set by law. Shortening the year may impact students’ ability to meet course credit and attendance requirements.
• Districts have some flexibility in case of shortened years but must still be designated as “standard” or “conditionally standard.”

Unemployment

Closing schools early or shortening the school year for more than a week may make employees eligible for unemployment benefits. You should include this expense when considering your options.

1. Language that allows unilateral reduction of insurance contributions associated with early closures is rare.