
John G. Geppert, Jr.
Partner
201-896-7097 jgeppert@sh-law.comCOVID-19 Education Alerts
Author: John G. Geppert, Jr.
Date: July 30, 2020
Partner
201-896-7097 jgeppert@sh-law.comIn response to concerns about safely reopening schools, Gov. Phil Murphy has eliminated the requirement that New Jersey students receive in-person instruction at least part of the time, and families will now be able to choose a “virtual-only” option. On July 24, 2020, the New Jersey Department of Education (NJDOE) issued guidance on how schools should implement remote learning.
“The Department is releasing this guidance to make clear that this option should be allowed by school districts as part of their reopening plans,” Gov. Murphy said. “We have heard from numerous parents and families who have asked for this, and we have heard them loud and clear. Our top priority is keeping students, their families and educators safe. And, to do that, flexibility, local decision-making and empowering parents and educators are all critical.”
As discussed in greater detail in a prior article, on June 26, 2020, the New Jersey Department of Education (NJDOE) released “The Road Back: Restart and Recovery Plan for Education,” which aims to assist schools with reopening in the fall. The guidance is built on the premise that school buildings will open in some capacity for in-person instruction and operations this Fall. Nonetheless, the guidance acknowledges that the health and safety standards required might necessitate the establishment of “hybrid” learning models under which schools deliver both in-person and remote learning.
The NJDOE “Road Back” guidance uses the term “anticipated minimum standards” to refer to items that school districts should incorporate into their reopening plans as definite components related to health, safety, and operations. On July 24, the NJDOE issued an update to clarify expectations regarding fulltime remote learning options for families. The update includes an additional anticipated minimum standard which provides that, in addition to the methods and considerations explicitly referenced in the guidance for scheduling students for in-person, remote, or hybrid learning, “families/guardians may submit, and school districts shall accommodate, requests for fulltime remote learning.”
Under the guidance, remote learning requests may include any service or combination of services that would otherwise be delivered on an in-person or hybrid schedule, such as instruction, behavioral and support services, special education and related services. A family/guardian may request that some services be delivered entirely remotely, while other services follow the same schedule they otherwise would according to the district’s reopening plan.
To “ensure clarity and consistency in implementation of such fulltime remote learning,” the NJDOE advises that school districts adopt policies that address, at a minimum:
The NJDOE’s latest guidance adds to the considerations New Jersey school districts must take into account as they develop policies and procedures for the new school year. As school districts work to navigate the so-called “road back,” it is imperative to stay on top of the latest COVID-19 updates from the NJDOE, CDC, and other local/state/federal agencies. The attorneys of Scarinci Hollenbeck are also here to provide much-needed guidance every step of the way.
If you have any questions or if you would like to discuss the matter further, please contact me, John Geppert, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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