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‘Tis the season to talk about snow days.

Nov 29, 2023, 08:00 AM by Daniel Feinberg, J.D., MASB Assistant Director of Labor Relations and Legal Services

Yep. Deer are in the freezer (congrats to those with a successful hunt). Thanksgiving feast leftovers are (almost) finished. There is a light dusting of snow on the ground. We have entered into the long, dark, teatime of the soul[1] before actual winter. It is a good time to discuss what is happening with the state’s policy on snow days.

Michigan’s State School Aid Act requires schools to provide 180 days of instruction totaling 1098 hours.[2] Recognizing that there are days where because of conditions not within the control of school authorities school ends up being cancelled,[3] the legislature allows for 6 days to be granted automatically. Once a school district has used its 6 automatic days, they are able to apply to the Superintendent of Public Instruction for a waiver of up to three additional days[4], totaling 9 days.

In past years the three-day waiver was considered almost automatic. Even though MDE had consistently commented that the 3 days were not automatic and raised concerns over districts missing too many days when combined with the 38 hours of teacher professional development allowed to be counted as education time.[5] However, last year there was a bit of a kerfuffle when the Department of Education denied a district its waiver days, saying the district had also used its teacher-in-service days as instruction days.

Since then, the legislature added language to the School Aid Act making it clear that the Department cannot take into account whether a district is using its 38 hours of teacher professional development when deciding whether or not to grant any of the three additional waiver days.[6] As such, we are likely back to an almost automatic three additional day waiver. 

 

 

 

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[1] RIP Douglas Adams.

 

 

[2] MCL 388.1701(3)(a)

 

 

[3] MCL 388.1701(4)(a) states these events are described as “severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities.” But lets be honest, its usually a winter snow event, so we should just call them “snow happens days.”

 

 

[4] MCL 388.1701(4)(b)

 

 

[5] MCL 388.1701(10)

 

 

[6]MCL 388.1701(4)(c) & (d) state (c) A district that counts hours or days of professional development for teachers as hours or days of pupil instruction, as provided under subsection (10), is eligible to have additional hours or days counted as hours and days of pupil instruction as provided under subdivision (b) to the same extent as a district that does not count hours or days of professional development for teachers as hours or days of pupil instruction.

(d) In deciding whether or not to approve the counting of additional hours or days of pupil instruction under subdivision (b) for a district, the superintendent of public instruction shall not take into account whether or not the district counts hours or days of professional development for teachers as hours or days of pupil instruction, as provided under subsection (10).