New Jersey § 18a:46-21

§ 18a:46-21.

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 ( C.18A:46-21.1 et al.) 1 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. 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. 1

L.2020, c. 27, eff. April 14, 2020.