Bill for school before Labor Day dies in Va. Senate

RICHMOND

The move to allow school systems to decide when to start and end the school year suffered a major defeat - and a minor victory - in the General Assembly on Thursday.

The effort - backed by educators, including those in all five South Hampton Roads school divisions but opposed by tourism and business groups - would end the 25-year-old requirement that Virginia public schools start after Labor Day without a waiver from the state Board of Education.

The Senate Education and Health Committee voted down the measure, 9-6, on Thursday, signaling the change might have little chance of passing this session.

Later in the day, an identical bill cleared a House subcommittee, where delegates voted 7-1. But proponents of the change, including for the first time Gov. Bob McDonnell, will have to persuade at least two senators on the education committee to change their votes to have any chance of success. They'll also face opposition from Senate Majority Leader Tommy Norment, R-James City County, who held a news conference Wednesday with tourism groups.

Legislators passed the law in the 1980s, and it quickly earned the nickname the "Kings Dominion law" because it ensures student labor and business from vacationing families for tourism destinations such as the Doswell theme park.

It has been a perennial issue at the General Assembly, with legislators defeating at least 20 bills in the past eight years, said Del. Joe Morrissey, D-Henrico County.

But with a new Republican majority and McDonnell's support, advocates for repealing the rule are hoping momentum has finally swung their way.

Proponents of repealing the law, including the Virginia Education Association, argue that students need more time to prepare for exams, such as Advanced Placement and Standards of Learning tests, which start in early May. They also point to the fact that the majority of school divisions - 77 of 132 - already have the waiver.

Opponents argue that the majority of those divisions are in the western half of the state and encompass only about a third of the student population. They say shortening the summer would jeopardize tourism-related businesses and take millions from state and local coffers.

HB1063, which cleared the House subcommittee, would allow school divisions to decide when to start and end the school year, ideally with input from teachers, students, parents and others in the community, including businesses, said Del. Bob Tata, a Virginia Beach Republican and one of the bill's patrons. It next goes to the full education committee, chaired by Tata.

All five South Hampton Roads school divisions said they'd like the option of starting school earlier, although they haven't decided whether they would take advantage of it.

"If they give us the flexibility, we'd look at that," Portsmouth Superintendent David Stuckwisch said.

"We'd have to have much discussion with employees, students, parents and the community to support any board action," Chesapeake schools spokesman Tom Cupitt said.

Virginia Beach school officials have been the most vocal supporters of the repeal, pitting them against tourism groups and city leadership, including Mayor Will Sessoms. The Virginia Beach Hotel Motel Association and the Virginia Hospitality and Travel Association have been some of the most staunch opponents of changing the law.

"I'm glad the Senate has done this," Sessoms said of Thursday's vote to ax the Senate version of the bill. "The main reason is because the economic impact it would have on this city."

The mayor said he doesn't buy the argument that ending school earlier would compensate for potential tourism losses over Labor Day weekend. Shortening the summer would cut tourism spending in the state by $369 million, according to the travel association.

Schools point to weeks of lost instruction time between testing in May and school ending in June. That's $50 million a day wasted to open schools when students aren't learning, said Sen. Adam Ebbin, D-Alexandria.

"If I called up a school district and told them I was going to show a 'Beavis and Butt-Head' movie after SOLs, they would accept it," said Sen. Dave Marsden, D-Fairfax County, whose bill the Senate committee killed Thursday.

Dana Raphael, a 16-year-old high school junior from Arlington, testified to having to spend hours after school learning four chapters of Advanced Placement government material her teacher didn't have time to cover. The Labor Day law puts students at a disadvantage, she said.

"We're concerned about not having the time that other students have to prepare for exams," she said. "I am here asking you to give Virginia's students the same advantage given to students across the country."

But fans of the Labor Day law say Virginia's test scores, typically some of the highest in the country for SAT and AP exams, show that students have sufficient time to prepare.

Despite a major hurdle to overcome in the Senate, the fight continues, said Virginia Beach schools Superintendent James Merrill.

Merrill said the decision should be made by educators and not by interest groups.

"It's way too soon to call this over," he said. "I think there are some senators that rushed to a vote, and they're not well enough educated yet, and we will be addressing that."

Pilot writers Steven G. Vegh and Hattie Brown Garrow contributed to this report.

Kathy Adams, 804-697-1563, kathy.adams@pilotonline.com