2425  EMERGENCY VIRTUAL OR REMOTE
     	INSTRUCTION PROGRAM

The Board of Education is committed to providing a high quality educational program, virtually or remotely, in the event 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 for more than three consecutive school days, the Superintendent shall have the authority to implement the school district’s program of virtual or remote instruction, pursuant to N.J.S.A. 18A:7F-9.  In addition, pursuant to N.J.S.A. 18A:7F-9.b. the Commissioner of Education shall allow the district to apply to the 180-day requirement established pursuant to N.J.S.A. 18A:7F-9.a., 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.   
The school district’s program of virtual or remote instruction shall be in accordance with the provisions of N.J.S.A. 18A:7F-9; N.J.A.C. 6A:32-13.1.; this Policy; and Regulation 2425.  
“Remote instruction” means the provision of instruction occurring when the student and the instructor are in different locations due to the closure of the facility(ies) of the Board of Education, charter school, renaissance school project, or approved private school for students with disabilities.  The closure of the facility(ies) shall be pursuant to N.J.S.A. 18A:7F-9 or      18A:46-21.1 and 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.
“Virtual instruction” means the provision of active instruction when the student and the instructor are in different locations and instruction is facilitated through the internet and computer technologies due to the closure of the facility(ies) of the Board of Education, charter school, renaissance school project, or approved private school for students with disabilities.  The closure of the facility(ies) shall be pursuant to N.J.S.A. 18A:7F-9 or     18A:46-21.1 and 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. 
The Superintendent of Schools shall submit, with Board approval, the school district’s program of virtual or remote instruction to the Commissioner of Education annually.  If the Board is unable to complete and submit a proposed program of virtual or remote instruction to the Commissioner in accordance with the timeline established by the Commissioner and the school 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 of Education may retroactively approve the program. 
If provided under the district’s program of virtual or remote instruction that has been approved by the Commissioner, student attendance for a day of virtual or remote instruction shall be accounted for in accordance with N.J.A.C. 6A:32-8.4 for the purposes of meeting State and local graduation requirements, the awarding of course credit, and other matters as determined by the Commissioner of Education in accordance with the provisions of N.J.A.C. 6A:32-13.1.(d).  
Pursuant to N.J.A.C. 6A:32-13.1(b), if implemented by the Superintendent, the school district’s program of virtual or remote instruction shall be provided to an enrolled student, whether a general education student in preschool through grade twelve or a student with a disability aged three to twenty-one.  The school district shall provide students with a disability with the same educational opportunities provided to general education students to the extent appropriate and practicable.  Related services may be delivered to general education students and students with a disability through the use of electronic communication or a virtual or online platform, as appropriate 
In the event the State or local health department determines it is advisable to close or mandates closure of the schools of the 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 shall have the authority to implement the school district’s program of virtual or remote instruction.  The Superintendent shall consult with the Board prior to such decision, if practicable.  The Superintendent shall ensure that students, parents, staff, and the Board are informed promptly of the Superintendent’s decision.
Nothing in N.J.S.A. 18A:7F-9.b., c., or d.; this Policy; and Regulation 2425 shall be construed to limit, supersede or preempt rights, privileges, compensation, remedies, and procedures afforded to public 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 a school or the schools of the 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: 
1.     	District employees shall be entitled to compensation, 			benefits, and emoluments pursuant to the provisions of 			N.J.S.A. 18A:7F-9.e.(1) and (2).

2.     	The 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 pursuant to the 			provisions of N.J.S.A. 18A:7F-9.e.(3).

3.     	The district shall be obligated to make payments for 				benefits, compensation, and emoluments and all payments 			required pursuant to N.J.S.A. 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 pursuant to the 			provisions of N.J.S.A. 18A:7F-9.e.(4).

4.     	An educational services commission, county special 				services school district, and a 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 			pursuant to the provisions of N.J.S.A. 18A:7F-9.e.(4).
The provisions of N.J.S.A. 18A:7F-9.e.(1) through (4) and 1 through 4 above 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 N.J.S.A. 43:21-20.3 et seq.  A contracted service provider, educational services commission, county special services school district, or jointure commission shall notify the 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 N.J.S.A. 43:21-20.3 et seq.  
1.     	Notwithstanding the provisions of N.J.S.A. 18A:7F-9.e.(3) 			and 3. above, 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 work hours of those employees made pursuant 		to a shared work program approved pursuant to the 				provisions of N.J.S.A. 43:21-20.3 et seq., then the amount 			paid by the district to the contracted service provider shall 			be reduced by the same amount.

2.     	Notwithstanding the provisions of N.J.S.A. 18A:7F-9.e.(4) 			and 4. above, 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 work hours of those employees made 			pursuant to a shared work program approved pursuant to 			the provisions of N.J.S.A. 43:21-20.3 et seq., then the 				amount paid by the district to the educational services 			commission, county special services school district, or 			jointure commission shall be reduced by the same amount. 
This Policy may be revised as necessary by the Superintendent in accordance with N.J.S.A. 18A:7F-9.  The school district’s emergency virtual or remote instruction program shall be posted prominently on the school district’s website. 

N.J.S.A. 18A:7F-9
N.J.A.C. 6A:32-2.1; 6A:32-8.4; 6A:32-13.1

 
 
Adopted: 1/24/22
Revised:  1/24/23