March 4, 1993
Mr. Guy P. Stanley, Chairman Scotland County Board of Education 233 East Church Street Laurinburg, NC 28352
Re: Advisory Opinion; Minimum Length of Instructional Day for Students; G. S. §§ 115C-81, 84 and 238.6
Dear Mr. Stanley:
You have asked for our opinion regarding the minimum length of the instructional day for students and the authority of local school systems to shorten the instructional day for students during examination periods so the teachers will have more time to grade the examinations.
Our State Constitution confers upon students the right to the privilege of an education. Sneed v. Greensboro City Board of Education, 299 N.C. 609, 264 has decreed that each school year shall be 180 days in length. G.S. § 115C-84(c). Furthermore, the General Assembly has required the State Board of Education, as a part of the Basic Education Program, to define the minimum instructional day for students. G. S. § 115C-81(b)(7). The State Board’s definition of the instructional day requires "a minimum of 5.5 hours of instructional time per student per day." Beyond this specific requirement, it should also be noted that the General Assembly in G.S. § 115C-84(a) "urges the local boards of education to expand the length of the school day so that it includes at least six hours of instructional time".
This 5.5 hour minimum instructional day, of course, is binding on local school systems except as the General Assembly may have authorized exceptions. In G.S. § 115C-238.6, the General Assembly has authorized local school boards to seek, and the State Board to allow, waivers of various state laws and regulations. Specifically excluded from the list of authorized waivers, however, are laws and regulations pertaining to "the minimum lengths of the school day and year." In G.S. § 115C-84(a), the General Assembly has authorized superintendents of local school systems to "suspend the operation of any school day for that particular day without loss of credit tot the pupil." This authorization, however, is limited to early termination of the school day because of "an emergency, act of God or other conditions requiring the termination of classes before six hours have elapsed." In our opinion, releasing students during examination periods before the completion of the minimum instructional day so that teachers will have more time to grade examination papers is not "an emergency," is not an "act of God" and does not qualify as another condition "requiring the termination of classes."
Therefore, you are correct in your understanding that the law does not allow a board of education or superintendent to shorten the instructional day during examination periods so that teachers may have more time to grade examination papers.
MICHAEL F. EASLEY Attorney General
Edwin M. Speas, Jr.
Senior Deputy Attorney General