Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comClient Alert
Author: Scarinci Hollenbeck, LLC
Date: September 7, 2021
The Firm
201-896-4100 info@sh-law.comNavigating COVID-19 continues to be a challenge for New Jersey school districts. When implementing policies for the 2021-2022 school year, it is important to recognize that guidance continues to evolve, and policies may need to be adjusted accordingly.
In recent weeks, the New Jersey Department of Education and New Jersey Department of Health (NJDOH) issued updated COVID-19 guidance for the new school year. Topics addressed by the agencies include public health recommendations for schools, including mask policies, COVID-19 testing, and educating quarantined students.
On August 31, 2021, the NJDOH published updated public health recommendations for school settings. The NJDOH guidance states that the recommendations should be used by local health departments to aid schools in developing a layered prevention strategy to help prevent the spread of COVID-19. “Schools should implement as many layers as feasible, although the absence of one or more of the strategies outlined in this document does not preclude the reopening of a school facility for full-day in-person operation with all enrolled students and staff present.”
The NJDOH also cautions that the guidance is based on what is currently known about the transmission and severity of COVID-19 and is subject to change as additional information is known. Below are several key takeaways:
On August 30, 2021, the NJDOH issued updated guidelines for K-12 schools who implement screening testing for students and staff. According to the NJDOH, all K-12 schools should have a plan to provide or refer students and staff for diagnostic testing and are strongly encouraged to develop a screening testing strategy to identify asymptomatic infections to prevent further transmission in school. Below are several important updates:
The NJDOH acknowledges that not all schools have the staff, financial resources, or training to implement COVID-19 testing. To assist those schools, the Department of Health and Human Services (HHS) and CDC have established a grant program to assist schools with screening testing. School districts interested in participating in this program can obtain additional information by contacting their local health department.
On August 11, 2021, the New Jersey Department of Education (Department) issued guidance regarding educating students required to quarantine due to COVID-19. As the guidance notes, there will be situations where individual students, groups of students, or entire classes will meet the NJDOH COVID-19 exclusion criteria and must be excluded from school.
The guidance acknowledges that while remote instruction can be used to satisfy the 180-day requirement under N.J.S.A. 18A: 7F-9 in response to a district-wide, health-related disclosure, the law does not address when students or groups of students are excluded while in-person instruction continues for other students in the school or district. Similarly, while N.J.A.C. 6A:16-10 requires local education agencies (LEAs) to provide instructional services to an enrolled student when the student is confined to the home or another out-of-school setting due to a temporary or chronic health condition or a need for treatment that precludes participation in their usual education setting, the Department recognizes that such circumstances may not always apply to students excluded from school on the basis of NJDOH’s COVID-19 exclusion criteria.
Given the lack of clarity, the Department offers the following guidance:
[W]here an individual student, group of students, or entire class(es) are excluded from school due to meeting the NJDOH’s COVID-19 exclusion criteria, LEAs are strongly encouraged to immediately provide virtual or remote instruction to those students in a manner commensurate with in-person instruction. Over the last seventeen months, LEAs have employed immense creativity and innovation in delivering high-quality education to students in their homes. It is the Department’s expectation that LEAs will continue to employ such strategies to ensure that students are able to continue their educational progress even when excluded from school due to COVID-19.
The Department’s guidance also reminds LEAs that they must continue to account for the attendance of quarantined students in accordance with their local attendance policies.
If you have legal concerns related to the new COVID-19 guidance and how it may impact your school district, we encourage you to contact me, Lawrence Teijido, or a member of Scarinci Hollenbeck’s Education Law Group at 201-896-4100
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The U.S. House of Representatives and Senate Committees on Appropriations have approved FY2026 Agriculture appropriations bills (H.R. 4121 and S. 2256) that would dramatically impact dramatically impact federal hemp regulation by redefining the statutory definition of hemp. The proposed changes would effectively redefine legal hemp cannabinoid products. They would include only those that are naturally […]
Author: Daniel T. McKillop
New bid thresholds for various New Jersey public entities took effect on July 1, 2025. Contracting Units are advised to review their procurement policies and implementing ordinances or resolutions to determine if any changes are necessary. Corporate governance principles can help public entities establish proper oversight and compliance procedures for procurement activities. Adjustments to New […]
Author: David L. Blank
States have a problem. As costs and expenses rise, they must find new ways to raise revenue that is politically palatable that the taxpayers can live with. What is a state like New Jersey to do when it is staring at a $1.2 billion budget deficit? It already has exceedingly high property taxes. The sales […]
Author: Scott H. Novak
Many trademark scammers send official looking letters or emails urging immediate action to pressure you to pay them money for your trademark or “additional” services you do not require. If you ever receive a notice asking for payment as to your trademark from any such company, DO NOT PAY IT. To all our clients, we […]
Author: Ronald S. Bienstock
FinCEN Beneficial Owner Reporting Must be Completed by January 13 for pre-2024 Companies On December 23, 2024, the 5th Circuit Court of Appeals lifted the injunction that stayed the enforcement of the Corporate Transparency Act put into place by a federal judge in Texas. The result is that if you are required to file a […]
Author: Scott H. Novak
IMPORTANT UPDATE! FinCEN Corporate Transparency Act filings shut down by the US District Court for the Eastern District of Texas Under the Corporate Transparency Act (CTA), entities that were in existence before January 1, 2024 are required to file Beneficial Owner Reports (BOR) with the Financial Crimes Enforcement Network (FinCEN) before January 1, 2025. Requirements […]
Author: Scott H. Novak
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!