Modifies conditions for use of virtual or remote instruction to meet 180-day school year requirement.

A4912

ASSEMBLY, No. 4912

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblyman� BALVIR SINGH

District 7 (Burlington)

SYNOPSIS

���� Modifies conditions for use of virtual or remote
instruction to meet 180-day school year requirement.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
the use of virtual or remote
instruction for public schools and
approved
private schools for students with disabilities,
and amending P.L.1996,
c.138 and P.L.2020, c.27
.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 9 of P.L.1996,
c.138 (C.18A:7F-9) is amended to read as follows:

���� 9. a. In order to receive any
State aid pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.), a school district,
charter school, renaissance school project, county vocational school district,
or county special services school district shall comply with the rules and
standards for the equalization of opportunity which have been or may hereafter
be prescribed by law or formulated by the commissioner pursuant to law,
including those implementing P.L.1996, c.138 (C.18A:7F-1 et al.) and P.L.2007,
c.260 (C.18A:7F-43 et al.) or related to the core curriculum content standards
required by P.L.2007, c.260 (C.18A:7F-43 et al.), and shall further comply with
any directive issued by the commissioner pursuant to section 6 of P.L.1996,
c.138 (C.18A:7F-6).� The commissioner is hereby authorized to withhold all or
part of a district's State aid for failure to comply with any rule, standard or
directive.� No State aid shall be paid to any district which has not provided
public school facilities for at least 180 days during the preceding school
year, but the commissioner, for good cause shown, may remit the penalty.

���� b.��� Notwithstanding the
provisions of subsection a. of this section to the contrary, in the event that
a school district is required to close the schools of the district for
[
more than
]
three
[
consecutive
]

or more
total
school days
during a school year
due to a declared state of
emergency,
a
declared public health emergency, or a directive by the
appropriate health agency or officer to institute a public health-related
closure, the commissioner shall allow the district to apply to the 180-day
requirement established pursuant to subsection a. of this section, one or more
days of virtual or remote instruction provided to students on the day or days
the schools of the district were closed if the program of virtual or remote
instruction meets
[
such
]

any

criteria as may be established by the commissioner.� A district that wants to
use a program of virtual or remote instruction to meet the 180-day requirement
in accordance with this subsection shall, with board of education approval,
submit its proposed program of virtual or remote instruction to the
commissioner within 30 days of the effective date of P.L.2020, c.27 and
annually thereafter, provided however that if the school district is unable to
complete and submit its proposed program within the 30-day period and the
district is required to close its schools for a declared state of emergency,
a

declared public health emergency, or a directive by the appropriate health
agency or officer to institute a public health-related closure, the
commissioner may retroactively approve the program.

���� A day of virtual or remote
instruction, if instituted under a program approved by the commissioner, shall
be considered the equivalent of a full day of school attendance for the
purposes of meeting State and local graduation requirements, the awarding of
course credit, and
[
such
]

any

other matters as determined by the commissioner.

���� If a program of virtual or
remote instruction is implemented for the general education students the same
educational opportunities shall be provided to students with disabilities.�
Special education and related services, including speech language services,
counseling services, physical therapy, occupational therapy, and behavioral
services, may be delivered to students with disabilities through the use of
electronic communication or a virtual or online platform and as required by the
student's Individualized Education Program (IEP), to the greatest extent
practicable.

���� c.���� In the event
[
that the State
or local health department determines that it is advisable to close or mandates
closure of the schools of a school district due to a declared state of
emergency, declared public health emergency, or a directive by the appropriate
health agency or officer to institute a public health-related closure
]

of the
closure of the schools of a school district under the conditions specified in
subsection b. of this section
, the superintendent of schools shall have the
authority to implement the school district's program of virtual or remote
instruction.� The superintendent shall consult with the board of education
prior to
[
such
]

the

decision if practicable.� The superintendent shall ensure that students,
parents, staff, and the board of education or boards of education are informed
promptly of the superintendent's decision.

���� d.��� The commissioner shall
define virtual and remote instruction and establish guidance for its use.� The
guidance shall provide school districts with information on:

���� (1)�� providing instruction to
students who may not have access to a computer or to sufficient broadband, or
to any technology required for virtual or remote instruction;

���� (2)�� the required length of a
virtual or remote instruction day;

���� (3)�� the impact of virtual or
remote instruction on the school lunch and school breakfast programs;

���� (4)�� the impact of virtual or
remote instruction on the schedule for administering State assessments; and

���� (5)��
[
such
]

any

other topics as the commissioner deems necessary.

���� e. (1) Nothing in subsection
b., c., or d. of this section shall be construed to limit, supersede or preempt
the rights, privileges, compensation, remedies, and procedures afforded to
public school employees or a collective bargaining unit under federal or State
law or any provision of a collective bargaining agreement entered into by the
school district.� In the event of the closure of the schools of a school
district
[
due
to a declared state of emergency, declared public health emergency, or a
directive by the appropriate health agency or officer to institute a public
health-related closure
]

under the conditions specified in subsection b. of this section
for a
period longer than three
[
consecutive
]
school days,
public school employees covered by a collective negotiations agreement shall be
entitled to compensation, benefits, and emoluments as provided in the
collective negotiations agreement as if the school facilities remained open for
any purpose and for any time lost as a result of school closures or use of
virtual or remote instruction, except that additional compensation, benefits,
and emoluments may be negotiated for additional work performed.

���� (2)�� In the event of the
closure of the schools of a school district
[
due
to a declared state of emergency,� declared public health emergency, or a
directive by the appropriate health agency or officer to institute a public
health-related closure
]

under the conditions specified in subsection b. of this section
for a
period longer than three
[
consecutive
]
school days,
public school employees who are not covered by a collective negotiations
agreement shall be entitled to any benefits, compensation, and emoluments to
which they otherwise would be entitled as if they had performed the work for
[
such
]
benefits,
compensation, and emoluments as if the school facilities remained open for any
purpose and for any time lost as a result of school closures or use of virtual
or remote instruction.

���� (3)�� If the schools of a
school district are subject to a
[
health-related
]
closure for a
period longer than three
[
consecutive
]
school days,
which is the result of a
[
declared
state of emergency, declared public health emergency, or a directive by the
appropriate health agency or officer
]

condition specified in subsection b. of this section
, then the school
district shall continue to make payments of benefits, compensation, and
emoluments pursuant to the terms of a contract with a contracted service
provider in effect on the date of the closure as if the services for
[
such
]
benefits,
compensation, and emoluments had been provided, and as if the school facilities
had remained open.� Payments received by a contracted service provider pursuant
to this paragraph shall be used to meet the payroll and fixed costs obligations
of the contracted service provider, and employees of the contracted service
provider shall be paid as if the school facilities had remained open and in
full operation.� A school district shall make all reasonable efforts to
renegotiate a contract in good faith subject to this paragraph and may direct
contracted service providers, who are a party to a contract and receive
payments from the school district under this paragraph, to provide services on
behalf of the school district which may reasonably be provided and are within
the general expertise or service provision of the original contract.�
Negotiations shall not include indirect costs such as fuel or tolls.� As a
condition of negotiations, a contracted service provider shall reveal to the
school district whether the entity has insurance coverage for business
interruption covering work stoppages.� A school district shall not be liable
for the payment of benefits, compensation, and emoluments pursuant to the terms
of a contract with a contracted service provider under this paragraph for
services which otherwise would not have been provided had the school facilities
remained open.� Nothing in this paragraph shall be construed to require a
school district to make payments to a party in material breach of a contract
with a contracted service provider if the breach was not due to a closure
resulting from a declared state of emergency,
a
declared public health
emergency, or a directive by the appropriate health agency or officer.

���� (4)�� If the schools of a
school district are subject to a
[
health-related
]
closure for a
period longer than three
[
consecutive
]
school days,
which is the result of a
[
declared
state of emergency, declared public health emergency, or a directive by the
appropriate health agency or officer
]

condition specified in subsection b. of this section
, the school
district shall be obligated to make payments for benefits, compensation, and
emoluments and all payments required pursuant to P.L.1968, c.243 (C.18A:6-51 et
seq.), to an educational services commission, county special services school
district, and a jointure commission, and under any shared services agreement
and cooperative contract entered into with any other public entity.� An
educational services commission, county special services school district, and
jointure commission shall continue to make payments of benefits, compensation,
and emoluments pursuant to the terms of a contract with a contracted service
provider or a shared services agreement in effect on the date of the closure as
if the services for such benefits, compensation, and emoluments had been
provided, and as if the school facilities had remained open.� Payments received
by a contracted service provider or public entity pursuant to this paragraph
shall be used to meet the payroll and fixed costs obligations of the contracted
service provider or public entity, and employees of the contracted service
provider or public entity shall be paid as if the school facilities had
remained open and in full operation.� Upon request of the school district, the
educational services commission, county special services school district, and a
jointure commission shall certify, and provide any supporting documentation to
a school district as may be necessary to verify, that payments received have
been used solely to meet the payroll and fixed costs of the contracted service
provider or public entity.� Any portion of those payments not used to meet the
payroll and fixed costs shall be returned to the school district.� An
educational services commission, county special services school district,
jointure commission or any lead school district under a shared services
agreement or cooperative contract, shall make all reasonable efforts to
renegotiate a contract in good faith subject to this paragraph and may direct
contracted service providers or public entities, who are a party to a contract
and receive payments under this paragraph, to provide services which may
reasonably be provided and are within the general expertise or service
provision of the original contract. Negotiations shall not include indirect
costs such as fuel or tolls.� As a condition of negotiations, a contracted
service provider or public entity shall reveal whether the entity has insurance
coverage for business interruption covering work stoppages.

���� (5)�� The provisions of
paragraphs (1) through (4) of this subsection
[
e.
]
shall not
apply to any employee whose weekly hours of work are reduced, and to whom
unemployment benefits are provided, pursuant to a shared work program approved
pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et seq.).� A
contracted service provider, educational services commission, county special
services school district, or jointure commission shall notify any school
district with which it has entered into a contract to provide services of its
intent to reduce the hours of work of its employees pursuant to a shared work
program approved pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et
seq.).� Notwithstanding the provisions of paragraph (3) of this subsection
[
e.
]
, if a
contracted service provider reduces the amount that it pays to its employees
providing services to a school district, and that reduction is the result of a
reduction of workhours of those employees made pursuant to a shared work
program approved pursuant to the provisions of P.L.2011, c.154 (C.43:21-20.3 et
seq.), then the amount paid by the public school district to the contracted
service provider shall be reduced by the same amount.� Notwithstanding the
provisions of paragraph (4) of this subsection
[
e.
]
, if an educational services
commission, county special services school district, or jointure commission
reduces the amount that it pays to its employees providing services to a school
district, and that reduction is the result of a reduction of workhours of the
those employees made pursuant to a shared work program approved pursuant to the
provisions of P.L.2011, c.154 (C.43:21-20.3 et seq.), then the amount paid by
the public school district to the educational services commission, county
special services school district, or jointure commission shall be reduced by
the same amount.

���� f.���� For purposes of
subsections b., c., d., and e. of this section, "school district"
shall include a charter school and a renaissance school project.

(cf: P.L.2020, c.57, s.3)

���� 2.��� Section 2 of P.L.2020,
c.27 (C.18A:46-21.1) is amended to read as follows:

���� 2. a. In the event that an
approved private school for students with disabilities is required to close the
school for
[
more
than
]

three
[
consecutive
]

or more
total
school days
during a school year
due to a declared state of
emergency,
a
declared public health emergency, or a directive by the
appropriate health agency or officer to institute a public health-related
closure, the commissioner shall allow the school to apply one or more days of
virtual or remote instruction provided to students on the day or days the
school was closed to qualify as a day of instruction for the purposes of
calculating tuition if the program of virtual or remote instruction meets
[
such
]

any

criteria as may be established by the commissioner. An approved private school
for students with disabilities that wants to use a program of virtual or remote
instruction to qualify as a day of instruction for the purposes of calculating
tuition shall submit its proposed program of virtual or remote instruction to
the commissioner within 30 days of the effective date of P.L.2020, c.27 and
annually thereafter, provided however that if the school is unable to complete
its proposed program within the 30-day period and the school is required to
close for a declared state of emergency,
a
declared public health
emergency, or a directive by the appropriate health agency or officer to
institute a public health-related closure, the commissioner may retroactively
approve the program.

���� A day of virtual or remote
instruction, if instituted under a program approved by the commissioner, shall
be considered the equivalent of a full day of school attendance for the
purposes of meeting State and local graduation requirements, the awarding of
course credit, and
[
such
]

any

other matters as determined by the commissioner.

Special education and related
services, including speech language services, counseling services, physical
therapy, occupational therapy, and behavioral services, may be delivered to
students with disabilities through the use of electronic communication or a
virtual or online platform and as required by the student's Individualized
Education Program (IEP), to the greatest extent practicable.

���� b.��� In the event
[
that the State
or local health department determines that it is advisable to close or mandates
closure of an approved private school for students with disabilities due to a
declared state of emergency, declared public health emergency, or a directive
by the appropriate health agency or officer to institute a public
health-related closure
]

of the closure of an approved private school for students with disabilities
under the conditions specified in subsection a. of this section
, the
principal of the school shall have the authority to implement the school's
program of virtual or remote instruction.

���� c.���� The commissioner shall
define virtual and remote instruction and establish guidance for its use.� The
guidance shall provide schools with information on:

���� (1)�� providing instruction to
students who may not have access to a computer or to sufficient broadband, or
to any technology required for virtual or remote instruction;

���� (2)�� the required length of a
virtual or remote instruction day;

���� (3)�� the impact of virtual or
remote instruction on the schedule for administering State assessments; and

���� (4)��
[
such
]

any

other topics as the commissioner deems necessary.

(cf: P.L.2020, c.27, s.2)

���� 3.��� This act shall take
effect immediately and shall first apply to the first full school year
following the date of enactment.

STATEMENT

���� This bill revises the
requirements for a public school or an approved private school for students
with disabilities (APSSD) to meet the 180-day school year requirement through
the use of virtual or remote instruction.

���� Pursuant to current law, a
public school or APSSD is required to be open for at least 180 school days.� A
school district or APSSD may meet the 180-day requirement through the use of
virtual or remote instruction only if the schools of the district or the APSSD
are required to close for more than three consecutive school days due to a
declared state of emergency, a declared public health emergency, or a directive
by the appropriate health agency or officer to institute a public
health-related closure.�

���� This bill amends current law to
remove the requirement that the three school days be consecutive.� Under the
provisions of the bill, a public school or APSSD is permitted to meet the
180-day school year requirement through the use of virtual or remote
instruction when the school is required to close for three or more total school
days during a school year due to a declared state of emergency, a declared
public health emergency, or a directive by the appropriate health agency or
officer to institute a public health-related closure. �Under the bill, the
school days do not need to be consecutive.