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S3773
SENATE, No. 3773
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Requires school programs of virtual or remote
instruction to be implemented primarily through use of virtual instructional
sessions.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the implementation of programs of virtual or
remote instruction 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 school days 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, 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 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, 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 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.
����
Beginning in the 2026-2027
school year, if a school district implements a program of virtual or remote
instruction, the program shall be implemented primarily through the use of
virtual instructional sessions, which sessions shall provide for the delivery
of course materials and real-time instructional services through an interactive
video platform.�
���� 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, 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 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 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 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 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, 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, 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, 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 school days 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, 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 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, 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 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.
����
Beginning in the 2026-2027
school year, if a school district implements a program of virtual or remote
instruction, the program shall be implemented primarily through the use of
virtual instructional sessions, which sessions shall provide for the delivery
of course materials and real-time instructional services through an interactive
video platform.�
���� 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, 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 other topics as the
commissioner deems necessary.
(cf: P.L.2020, c.27, s.2)
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires programs of
virtual or remote instruction to be implemented primarily through the use of
virtual instructional sessions beginning in the 2026-2027 school year.
���� Under current law, if a school
district, charter school, or renaissance school is required to close its
schools for more than three consecutive school days due to a declared state of
emergency, a declared public health emergency, or the directive of an
appropriate health agency or officer, then the public school may implement a
program of virtual or remote instruction, as approved by the Commissioner of
Education, to satisfy the requirement that the school remains open for at least
180 days in order to receive State school aid.� Additionally, approved private
schools for students with disabilities are also permitted during these
situations to include days of virtual or remote instruction in the calculation
of tuition.
���� Beginning in the 2026-2027
school year, the bill provides that if a school district, charter school,
renaissance school, or approved private school for students with disabilities
elects to implement a program of virtual or remote instruction, then the
program would be required to be implemented primarily through the use of
virtual instructional sessions.� Under the bill, virtual instructional sessions
would be required to provide for the delivery of course material and real-time
instructional services through an interactive video platform.