N.J. Admin. Code § 6A:32-13.1 - Virtual or remote instruction

(a) This section applies to all district boards of education, charter school and renaissance school project boards of trustees, and private agencies that provide educational services by means of public funds. Throughout this section, unless otherwise indicated, "district board of education" refers to the governing body of each of the four types of agencies.

(b) If 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 chief school administrator 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.

1. If implemented by the chief school administrator, 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 12 or a student with a disability aged three to 21.

i. 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.

ii. 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.

(c) The district board of education may apply to the 180-day requirement established pursuant to N.J.S.A. 18A:7F-9.b, one or more days of virtual or remote instruction under the following conditions:

1. Virtual or remote instruction is provided to students on the day(s) that some or all of the programs of instruction of the school district were closed to in-person instruction;

2. The virtual or remote instruction meets the Commissioner-established criteria for the occurrence of one of the events at (b) above;

3. The school district's program of virtual or remote instruction:

i. Explains, to the greatest extent possible, the equitable delivery of, and access to, virtual and remote instruction, including descriptions of the following:

(1) The design of synchronous and/or asynchronous virtual or remote learning plans that will maximize student growth and learning;

(2) How the school district will continuously measure student growth and learning in a virtual or remote instruction environment; and

(3) The school district's plan for measuring and addressing any ongoing digital divide issue(s), including a lack of access to the internet, network, or devices;

ii. Addresses the needs of students with disabilities and includes descriptions of the following:

(1) The delivery of virtual or remote instruction in order to implement, to the greatest extent possible, students' individualized education programs (IEPs), including material and platform access;

(2) The methods used to document IEP implementation, including the tracking of student progress, accommodations, and modifications;

(3) How case managers follow up with parents to ensure services are implemented, to the greatest extent possible, in accordance with IEPs; and

(4) How the school district plans to conduct IEP meetings, evaluations, and other meetings to identify, evaluate, and/or reevaluate students with disabilities;

iii. Addresses the needs of multilingual learners (MLs) and includes the following:

(1) How the school district includes an English as a second language (ESL) and/or bilingual education program aligned with State and Federal requirements to meet the needs of MLs;

(2) The process to communicate with parents of MLs, including providing translation materials, interpretative services, and information available at the parent's literacy level;

(3) The use of instructional adaptations, for example, differentiation, sheltered instruction, Universal Design for Learning, access to technology, and strategies to ensure MLs access the same standard of education as non-ML peers; and

(4) The training for teachers, administrators, and counselors to learn strategies related to culturally responsive teaching and learning, social-emotional learning, and trauma-informed teaching for students affected by forced migration from their home country;

iv. Accounts for student attendance in accordance with (d) below and includes the following:

(1) A description or copy of the school district's attendance policies, including how the school district will determine whether a student is present or absent during virtual or remote instruction, and how a student's attendance will factor into promotion, retention, graduation, discipline, and any other decisions that will reflect the student's performance;

v. Describes how the school district is communicating with the parents when a student is not participating in virtual or remote instruction and/or submitting assignments;

vi. Includes a plan for the continued safe delivery of meals to eligible students;

vii. Includes an outline of how buildings will be maintained throughout an extended period of closure; and

viii. Includes district-specific factors, including, but not limited to, considerations for Title I extended learning programs, 21st Century Community Learning Center Programs, credit recovery, other extended student learning opportunities, accelerated learning, and social and emotional health of staff and students, transportation, extra-curricular programs, childcare, and community programming; and

4. The district board of education submitted a proposed program of virtual or remote instruction to the Commissioner within 30 days of the effective date of P.L. 2020, c. 27 and, thereafter, by July 31 annually.

i. If the district board of education is unable to complete and submit a proposed program by July 31 annually, 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 may retroactively approve the program.

(d) If provided under the district board of education's program 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:32-8.4f or the purposes of meeting State and local graduation requirements, the awarding of course credit, and other matters as determined by the Commissioner.

Notes

N.J. Admin. Code § 6A:32-13.1

Recodified to N.J.A.C. 6A:32-12.1 by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Student attendance". Amended, 54 N.J.R. 1276(a), effective 7/5/2022 Administrative Change, 56 N.J.R. 890(a) effective 4/22/2024