Legal Question Of The Week - December 14, 2012
By Attorney Thomas B. Mooney, Neag School of Education, University of Connecticut
The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org
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Dear Legal Mailbag:
Our junior class has petitioned the Board of Education to hold graduation exercises in a very popular venue. Indeed, it is so popular that one must reserve it more than a year in advance. While the Board would be happy to approve this request, with all the weather-related problems in recent years, the Board has asked me to guarantee that, not matter what happens, it will be OK to go ahead with graduation on the specified date. Is there any way I can do that?
Signed,
Sweating Up A Storm
Dear Sweating:
Indeed there is, although I am not sure that the Board will be want to meet the statutory condition. Specifically, Conn. Gen. Stat. § 10-16l permits a board of education to “establish for any school year a firm graduation date for students in grade twelve which is no earlier than the one hundred eighty-fifth day noted in the school calendar originally adopted by the board for that school year . . . .” We interpret this provision to mean that graduation can be scheduled no less than five days after the 180th day of school if those days are noted in the school calendar as potential “snow” days. We are not sure that the Board would want to have graduation five days after the end of the school year if there are no snow days that year, but the Board can be sure that it can hold graduation that date only if it pushes the date out that far. The only other certainty comes after April 1. The statute goes on to provide that “ a board on or after April first in any school year may establish such a firm graduation date for that school year which at the time of such establishment provides for at least one hundred eighty days of school.” Thus, a firm graduation date may be set on or after April 1 even if subsequent events cause less than 180 school sessions to be held before the graduation ceremony. Interestingly, the Commissioner of Education has ruled that such graduating seniors must have the opportunity to return so that they can attend school for the full 180 days. Good luck with that.
The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org
_____________________________________________________________________________
Dear Legal Mailbag:
Our junior class has petitioned the Board of Education to hold graduation exercises in a very popular venue. Indeed, it is so popular that one must reserve it more than a year in advance. While the Board would be happy to approve this request, with all the weather-related problems in recent years, the Board has asked me to guarantee that, not matter what happens, it will be OK to go ahead with graduation on the specified date. Is there any way I can do that?
Signed,
Sweating Up A Storm
Dear Sweating:
Indeed there is, although I am not sure that the Board will be want to meet the statutory condition. Specifically, Conn. Gen. Stat. § 10-16l permits a board of education to “establish for any school year a firm graduation date for students in grade twelve which is no earlier than the one hundred eighty-fifth day noted in the school calendar originally adopted by the board for that school year . . . .” We interpret this provision to mean that graduation can be scheduled no less than five days after the 180th day of school if those days are noted in the school calendar as potential “snow” days. We are not sure that the Board would want to have graduation five days after the end of the school year if there are no snow days that year, but the Board can be sure that it can hold graduation that date only if it pushes the date out that far. The only other certainty comes after April 1. The statute goes on to provide that “ a board on or after April first in any school year may establish such a firm graduation date for that school year which at the time of such establishment provides for at least one hundred eighty days of school.” Thus, a firm graduation date may be set on or after April 1 even if subsequent events cause less than 180 school sessions to be held before the graduation ceremony. Interestingly, the Commissioner of Education has ruled that such graduating seniors must have the opportunity to return so that they can attend school for the full 180 days. Good luck with that.