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
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

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.

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