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![handle is hein.sag/sagsc0024 and id is 1 raw text is: ALAN WILSON UA r
ATTORNEY GENERAL
January 31, 2012
Russell W. Booker, Ph.D.
Superintendent, Spartanburg School District 7
P.O. Box 970
Spartanburg, SC 29304
Dear Dr. Booker:
We received your request for an opinion of this office. By way of background, you inform us that
Cleveland Elementary School is a Title I school that has been deemed At-Risk according to South
Carolina's accountability system, and that the school is required to Restructure as a result of No Child
Left Behind sanctions and the school's failure to meet adequate yearly progress. You state that to
improve student achievement at Cleveland Elementary School, Spartanburg School District 7 (the
District) is proposing the implementation of an extended school calendar for the students, staff, and
teachers beginning in July, 2012. The school year would be extended for students from 180 days to 205
days (25 additional days), and for teachers the school year would be extended from 190 days to 215 days
(25 additional days). The school year would commence on July 9, 2012, for teachers, and on July 13,
2012, for students. You indicate the District is aware that teachers would need to be compensated for the
additional days worked, and that the cost of the additional time would not come from state funds but
instead from federal Title I monies. You have questioned whether the District may establish the annual
school calendar for teachers, staff, and students at Cleveland Elementary School beyond 190 days under
state law.
S.C. Code Ann. §59-1-425(A) provides for the beginning and length of school terms in South
Carolina. The provision states that:
[e]ach local school district board of trustees of the State shall have the authority
to establish an annual school calendar for teachers, staff, and students. The
statutory school term is one hundred ninety days annually and shall consist of a
minimum of one hundred eighty days of instruction covering at least nine
calendar months. However, beginning with the 2007-2008 school year the
opening date for students must not be before the third Monday in August,
except for schools operating on a year-round modified school calendar. Three
days must be used for collegial professional development based upon the
educational standards as required by Section 59-18-300. The professional
development shall address, at a minimum, academic achievement standards
including strengthening teachers' knowledge in their content area, teaching
techniques, and assessment. No more than two days may be used for
REMBERT C. DENNIS BUILDING * POST OFFICE Box 11549 * COLUMBIA, SC 29211-1549 * TELEPHONE 803-734-3970 * FACSIMILE 803-253-6283](ViewImageLocal?handle=hein.sag/sagsc0024&div=1&collection=&method=preview&ext=.png&size=3)