Labor Day Waiver Request

Section 1284b of the Revised School Code (MCL 380.1284b) prohibits public schools from scheduling instruction on or before Labor Day. However, the legislation also provides the State Superintendent with sole authority to issue a waiver from this requirement if it is determined that the school or program is a bona fide year–round school or program established for educational purposes.

When a Labor Day waiver is requested, Section 160 of the State School Aid Act (MCL 388.1760) requires the district to conduct a joint public hearing at a location within the district or intermediate school district. A joint public hearing must take place before the Labor Day waiver can be approved. The local school board is not required to attend the hearing; however, we encourage board participation where possible.

For a request to be considered, it must be submitted to the Department using this form. The request must provide sufficient justification for the waiver and demonstrate that the request is in the best educational interest of the affected pupils.

District Information

Standards for Determining a Bona Fide Year Round School or Program

Please review the Standards for Determining a Bona Fide Year Round School. Check the box that describes your program. * 🛈

Alternate Program Criterion: Districts selecting this criterion need to demonstrate how their program will offer summer learning options to students throughout the summer break in a manner that provides an experience similar to that of a shortened summer break. Summer learning opportunities must be free of charge to all students. If your summer learning program is made optional to students, the district’s intent must still be to serve the majority of the student population through the program. In the boxes below, please explain the programs available to students, the district's goals and objectives, and how progress towards those goals and objectives will be measured.

Will your summer learning program be offered to all students? *
Will your summer learning program be free of charge to all students? *

Early Middle College Schools and Programs

Please note: The Early Middle College program being offered must be an approved program. A current list of approved programs by the Office of Career and Technical Education may be found on their website.

Is this Early Middle College program approved by the Department's Office of Career and Technical Education? *
Is this a new Early Middle College Program? *
Which school year will the new Early Middle College begin? *

Balanced Calendars

Does the proposed balanced calendar align with one or more state assessment windows? *

Calendars must align with one or more state assessment windows before the waiver can be considered for approval.

Is the district planning to transition to a summer break with a duration of 6 weeks or less? *

General Waiver Information

Please select the school year this waiver will begin. *
Is the waiver being requested for the entire ISD? *

Joint Public Hearing Details

The hearing does not need to be held jointly with a board meeting, nor is the board required to attend. The district must have a district representative available to provide information and answer questions during public comment.

The district must provide public notice of the hearing per the requirements of the Open Meetings Act, Act 267 of 1976.

Proposed dates and times for the hearing. Please provide dates at least two weeks from the date of your submission to allow for processing. *
Date/Time 1
Date/Time 2
Date/Time 3

Submitter Certification

By checking the box below, I certify that:
- I have read and understand the requirements of Section 1284b of the Revised School Code.
- I have read and understand the requirements of Section 160 of the State School Aid Act.

- I will ensure that schools are not in session on the Friday before Labor Day.
- I will ensure that the requirements of this waiver are met.

Questions related to this application may be sent to Chad Urchike at