So now that winter is behind us…

Apologies. I know that headline all but guarantees at least one more significant weather event, but it’s a good time to talk about snow days.

School districts are generally required under the State School Aid Act to provide 1,098 hours and 180 days of pupil instruction over the course of a school year. Up to 38 hours and seven days of the state-required 1098/180 can be met with professional development provided in compliance with MCL 388.1701(10).

Because we live in Michigan and snow happens, the School Aid Act also allows for up to six days or the equivalent number of hours where pupil instruction was supposed to occur, but didn’t due to “conditions not within the control of school authorities, such 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, are counted as hours and days of pupil instruction.” These days are considered automatic.

In addition to the six days, a district may also apply for a waiver of three additional days, or equivalent hours, canceled from conditions not in the control of school authorities. In 2023, after a brief kerfuffle, the legislature made clear that the State Superintendent could not take into account whether a district was using 38 hours and seven days of professional development time in making a decision on whether or not to grant a waiver request for additional waiver days.

In its February 2025 State School Aid Update, the Michigan Department of Education included a statement on school day cancellation and forgiven time. The notice recognizes that in addition to the automatic six days, a district can apply for the three additional days. However, it is important to know that the department is requiring the district to provide a strong rationale supporting why the days cannot be rescheduled before the end of the school year. It is not an automatic waiver.

Schools that don’t meet the 180/1098 days and hours requirement, including the 7/38 professional development and waiver days, are required to forfeit a portion of their funding for each day and number of hours missed. As an example, if a school ended up with only 179 days, the district would have to forfeit 1/180 of its school aid funding.

If you have questions about school cancellations or other legal matters, please contact us!