Judges: JOHN ASHCROFT
Filed Date: 8/30/1983
Status: Precedential
Modified Date: 7/5/2016
Dear Commissioner Mallory:
This opinion is in response to your request for an opinion on the following questions:
1. Does the term, "inclement weather", as found in Section
160.041 and171.033 , RSMo., 1978, include days when it is uncomfortably hot?2. Is it permissible under provisions of Section
160.041 , RSMo., 1978, for a school district to anticipate "inclement weather" and operate its schools on a "reduced schedule" by beginning daily sessions one hour later than usual and dismissing one hour earlier than usual, thereby providing for a school day of four hours?
In our Opinion No. 149-79, Mallory, 1979, we opined that the General Assembly did not intend to include extraordinarily hot days in it use of the phrase "inclement weather". In reaching that conclusion, we relied primarily on the emergency clause contained in Senate Bill 954, 79th General Assembly, which stated:
Because of the large number of days lost by schools this winter due to the unusually severe winter and because of the necessity for students and teachers in affected schools to begin summer school at times before the school year would end if the district was forced to make up the lost days, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval. Section A, S.B. 954, 79th General Assembly; Mo. Laws 1978, p. 489-90
S.B. 954 was effective April 12, 1978. In addition, we noted in Opinion 149-79, that Webster's New World Dictionary, 2nd Edition, did not include heat in its definition of "inclement".
Opinion 149-79 followed the time-honored canons of construction which require us to seek the intent of the legislature from the language used and to consider the words used in their plain, ordinary meanings. State v. Kraus,
Opinion 149-79 predated the amendment of Section
We note that H.C.S.S.B 832 (81st General Assembly, Second Regular Session) amended Section
We turn now to Webster's Third New International Dictionary, supra, which defines "inclement" as "physically severe or harsh (generally of the elements or weather). . . ." We can think of few things more severe or harsh than the unrelenting heat which oppresses Missouri from time to time. Therefore, we are of the opinion that Section
In response to your second question, we note that the provisions of Section
[I]f any school is dismissed because of inclement weather after school has been in session for four or more hours that day shall count as a full day and if school has been in session for two or more hours or more and less than four hours that session shall be counted as one-half day. . . .
As we indicated in Part IV of Opinion No. 149-79, we do not believe that Section
As noted in Opinion No. 149-79:
The entire scheme of statutory minimums for the school term, average daily attendance, and the number of hours in a school day (which is contained in §
160.041 , RSMo 1978) is a guarantee to the children of this state and their parents that a minimum number of hours in a classroom under the guidance of trained teachers will be provided. . . .
It is our opinion that advanced scheduling of inclement weather days is not within the intention of the legislature in providing this guarantee.
Options other than an inclement weather declaration are available to school districts in dealing with hot weather. Missouri law does not presently establish the days upon which a school year must begin or end, nor the times at which a school day is to begin or end. In the face of oppressive heat, the school district may opt to re-schedule its starting day until later in the year, when the temperatures have moderated somewhat, or may choose to start classes earlier in the day. However, such rescheduling does not relieve a school district of the statutory minimum requirements for the school term.
CONCLUSION
It is the opinion of this office that the phrase "inclement weather" as found in Section
Very truly yours,
JOHN ASHCROFT Attorney General