Scarinci Hollenbeck, LLC
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Author: Scarinci Hollenbeck, LLC
Date: September 7, 2021
The Firm
201-896-4100 info@sh-law.com
Navigating 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
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