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.