Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Assembly Bill A3904

Author: Scarinci Hollenbeck, LLC

Date: April 16, 2020

Key Contacts

Back

New Jersey Assembly Bill A3904 permits the use of virtual instruction to meet 180-day minimum school year requirement and requires all employees be paid as if school is open

New Jersey Assembly Bill A3904, permitting the use of virtual or remote instruction to meet the minimum 180 day school year requirement upon Commissioner approval of a plan and requiring all employees, private schools with approved plans, and contracted services providers be paid as if school is open, was approved on April 14, 2020.

New Jersey Assembly Bill A3904

This legislation modifies the terms and conditions a school district must follow in order to receive State aid during a declared state of emergency, public health emergency or a directive by the appropriate health agency or officer to institute a public health-related closure of more than three days.

How Will Virtual Instruction be credited towards the 180 required school days?

  • Virtual or remote instruction plans must be approved the Commissioner of Education according to criteria to be established
  • Plans must be submitted to the Commissioner within 30 days in advance of the commencement of virtual instruction but may be retroactively approved.
  • Annual plan submission will be required.
  • Commissioner will be providing more guidance. 

Who has authority to implement a school’s approved plan?

  • The Superintendent of schools has the authority to implement the school’s approved plan under the conditions allowed.

Can virtual and remote related services be provided?

  • To the greatest extent practicable related 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). 

How will virtual instruction impact public employees compensation?

  • All public school employees be paid 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.
  • For employees under a Collective Bargaining Agreement, additional compensation, benefits, and emoluments may be negotiated for additional work performed.

How are contracts with private schools to be paid?

  • Private schools providing remote instruction approved by the Commissioner continue to be paid according to the tuition contract. If a program runs for less than 180 days, tuition is reduced accordingly.

How are contracts with contracted service providers to be paid including educational services commissions, county special services school districts, and jointure commissions, shared services agreements and cooperative contracts entered into with any other public entity to be paid?

  • School Districts are to continue payments of benefits, compensation, and emouluments pursuant to terms of contract as if school facilities had remained open.
  • School districts may make all reasonable efforts to renegotiate a contract in good faith
  • School district may direct contracted services providers 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
  • 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 payments of benefits, compensation, and emoluments pursuant to the terms of a contract – which otherwise would not have been provided had the school facility remained open.

A school district is not required to make payments to a party in material breach of a contract if the breach was not due to a closure resulting from a state of emergency.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Carolyn Chaudry, or the Scarinci Hollenbeck attorney with whom you work, 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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"
Are Your Conversations with AI Shielded from Discovery? Courts Are Split post image

Are Your Conversations with AI Shielded from Discovery? Courts Are Split

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]

Author: Chris Seelinger

Link to post with title - "Are Your Conversations with AI Shielded from Discovery? Courts Are Split"
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!