School Calendar Waivers

Each school administrative unit (SAU) is required to maintain at least 180 days for all of its schools with at least 175 days used for instruction. Rule Chapter 125 defines an instructional day as a day during which both students and teachers are present, either in school or in another setting, and engaged in a portion of the day devoted to the teaching-learning process. An instructional day must be a minimum of three hours in length for K–12, and for grades 1–12 must average five hours in length over a consecutive two-week period. Other minimum requirements for public pre-school programming can be found in Rule Chapter 124.

SAUs that provide meals to students and adhere to the requirements for an instructional day may count a remote day toward the 175 instructional days requirement.

If an instructional day must be shortened due to a health or safety concern, the day is considered a full day if the school has been in session for 2.5 hours.

If an instructional day must be canceled, a SAU is expected to reschedule that time. According to Rule Chapter 125, Section 5.01, acceptable methods to reschedule instructional days include:

• Rescheduling or shortening scheduled vacation.
• Postponing the scheduled school closing date.
• Providing up to 25 one-hour extensions of the instructional day to equal a maximum of five 5-hour make-up instructional days in a school year in accordance with a plan approved by the Commissioner.
• Conducting classes on weekends.
• Other ways not included above, which will be incorporated into a plan approved by the Commissioner.

Submit a request for Commissioner approval of rescheduled instructional days.

According to statute, SAUs may allow secondary students to graduate up to five days prior to the regularly scheduled end of the school year. The regularly scheduled end of the school year is the anticipated last day of school established by the adoption of the calendar by the school board.

The Commissioner may waive the minimum school year requirements for a single school, or several schools in the SAU, upon submission of a written application from the school board. A waiver may be granted only after school officials have exhausted all reasonable avenues for making up lost instructional days.

The SAU is required to provide identification of which school or schools were affected, a description of the circumstances that led to the waiver request, and detailed actions taken to make up lost instructional day(s). School boards are encouraged to keep the number of potential weather-related cancellations in mind when they consider subsequent school year calendars. SAUs are encouraged to submit a waiver request only after the school board has finalized an updated school calendar.

SAUs that have entered into an agreement with the U.S. Department of Agriculture (USDA) to participate in the National School Lunch Program (NSLP) are responsible for providing meals to students during each instructional day.

The Maine Department of Education has been approved to offer a statewide waiver to allow local program operators to serve meals in a non-congregate setting when congregate meal service operations in schools are limited due to natural disasters, unscheduled major building repairs, court orders relating to school safety, labor-management disputes, or other unanticipated causes approved by the state agency. This waiver is allowed for up to a 10-day approval; after that, approval from the USDA FNS Regional Office is required.

Child Nutrition directors must request an application to use waivers from the Maine DOE at the time of the unanticipated closure — not prior to an event or in preparation for an event.

If approved for a waiver, the SAU will be required to complete a Maine DOE report. Requirements may include the number of meals served, site location(s), dates the waiver was used, and reason for the unanticipated closure. Information requested will include:

• A description of how the waiver impacted meal service operations at participating sites.
• A description of whether the waiver resulted in improved services to children.
• A description of how the waiver reduced the quantity of paperwork necessary to administer the program.
• A summary of benefits and challenges associated with the waiver.