1. A. Schools shall be open a minimum of 180 days per year. In implementing Education Article, §7-103, Annotated Code of Maryland, a waiver of the 180-day requirement will be granted by the State Board of Education to local school systems only when:

   1. (1) They demonstrate that sufficient effort has been made through calendar planning and modification; and
   2. (2) Natural or civil disasters or severe weather conditions are sufficiently significant to warrant waiver.
2. B. The closing of individual schools does not require a waiver by the State Board of Education but may be granted by permission of the State Superintendent of Schools upon request of the local superintendent of schools.
3. C. Whether or not a school system plans to apply for a waiver, after any school system closure, it must provide notice to the Maryland State Department of Education, within 10 days of reopening, of its plan to make up the missed school days, including the dates of the make-up days.

4. D. Application for Waiver.

   1. (1) In the required written application for waiver of school days, it shall be demonstrated that:

      1. (a) The local school system developed a calendar which included days to be used to make up days lost. Depending upon past experience, this number could range from 3 to 10 days throughout the State. The local school system calendar shall have identified those potential make-up days which could have been used as student days when calendar modification becomes necessary; that is, make-up days, student vacation days, etc.
      2. (b) The local school system has modified its calendar by scheduling school on the make-up days provided in the original calendar and by extending the school year 3 days beyond the previously scheduled closing date.

   2. (2) In considering this application, the State Board of Education may waive:

      1. (a) The final day needed to complete the 180-day schedule if that day falls on a Monday;
      2. (b) Additional days beyond those specified in §D(1)(b) of this regulation that would have to be added to the calendar to complete a 180-day schedule.

Authority: Education Article, §§2-205, 4-101, 4-105, 4-106, 5-101, 5-109, and 7-103, Annotated Code of Maryland

Effective date: January 27, 1971

Regulation .02B adopted effective October 21, 1978 (5:21 Md. R. 1589)

Regulation .03B amended effective July 1, 1987 (14:10 Md. R. 1172)

Regulation .03E amended effective March 30, 1977 (4:7 Md. R. 580); June 15, 1979 (6:12 Md. R. 1052); May 2, 1980 (7:9 Md. R. 848); August 30, 1982 (9:17 Md. R. 1709)

Chapter revised effective January 15, 1989 (15:27 Md. R. 3130)

Regulation .01 amended effective July 31, 2017 (44:15 Md. R. 760)

Regulation .02C amended effective December 16, 1996 (23:25 Md. R. 1786); November 2, 1998 (25:22 Md. R. 1652); October 19, 2009 (36:21 Md. R. 1592)

Regulation .03B amended effective August 15, 1994 (21:16 Md. R. 1385)

Regulation .04 amended effective September 24, 2018 (45:19 Md. R. 865)

Regulation .04C amended effective September 25, 2017 (44:19 Md. R. 898)