New Jersey § 18a:7f-9

§ 18a:7f-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 1 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. 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. 1

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