Bill Text: NJ A4642 | 2020-2021 | Regular Session | Introduced


Bill Title: Requires Commissioner of Education to permit approved private schools for students with disabilities to remain open for in-person instruction if schools are ordered to close in 2020-2021 school year.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-09-14 - Introduced, Referred to Assembly Education Committee [A4642 Detail]

Download: New_Jersey-2020-A4642-Introduced.html

ASSEMBLY, No. 4642

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED SEPTEMBER 14, 2020

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Requires Commissioner of Education to permit approved private schools for students with disabilities to remain open for in-person instruction if schools are ordered to close in 2020-2021 school year. 

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act permitting approved private schools for students with disabilities to remain open for in-person instruction in certain circumstances during the 2020-2021 school year.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  Notwithstanding the provisions of any law, rule, or regulation to the contrary, for the 2020-2021 school year, the Commissioner of Education shall permit approved private schools for students with disabilities to remain open for in-person instruction or a combination of in-person and virtual or remote instruction, in the event that schools are required to close for in-person instruction for more than three consecutive school days due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure.  An approved private school for students with disabilities that seeks to remain open for in-person instruction or a combination of in-person and virtual or remote instruction shall submit to the commissioner for approval a plan detailing:

     (1)   the school's proposed program of instruction;

     (a)  In the event that the school institutes a program of instruction with a combination of in-person and virtual or remote instruction approved by the commissioner pursuant to this section, a day of virtual or remote instruction shall be considered the equivalent of a full day of school attendance for the purposes of meeting State and local graduation requirements, the awarding of course credit, and such other matters as determined by the commissioner. 

     (b)  Special education and related services, including speech language services, counseling services, physical therapy, occupational therapy, and behavioral 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, to the greatest extent practicable.

     (2)  how the school will adhere to the guidance set forth by the commissioner pursuant to subsection c. of section 2 of P.L.2020, c.27 (C.18A:46-21.1), in the event that the school proposes a program of instruction with a combination of in-person and virtual or remote instruction;

     (3)  how the school generally intends to meet the needs of its students as required by their individualized education programs;

     (4)  any necessary communications and documented discussions and agreements with the school's sending school districts, the parents or guardians of students, or any State agency responsible for providing the student's education, as applicable, which involve determining how to meet the needs of students in a manner that is consistent with the students' individualized education programs and the mandated tuition contract; 

     (5)   the provision of school meals and transportation to students;

     (6)   how the school will adhere to applicable public health guidelines as issued by the United States Centers for Disease Control and Prevention and any other appropriate public agencies; and

     (7)   such other matters as the commissioner deems necessary. 

     b.    An approved private school for students with disabilities shall submit the plan required under subsection a. of this section to the commissioner within 30 days of the effective date of this act, provided however that if the school is unable to complete its plan within the 30-day period, the commissioner may retroactively approve the program.

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill would require the Commissioner of Education to permit approved private schools for students with disabilities (APSSDs) to remain open for in-person instruction or a combination of in-person and virtual or remote instruction, in the event that schools are required to close for in-person instruction for more than three consecutive school days due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure. 

     Under the bill, an APSSD that seeks to remain open for in-person instruction or a combination of in-person and virtual or remote instruction will submit to the commissioner for approval a plan detailing, at a minimum: the school's proposed program of instruction; how the school will adhere to guidance instituted under P.L.2020, c.27, concerning virtual and remote instruction, in the event that the school proposes a program of instruction with a combination of in-person and virtual or remote instruction; how the school generally intends to meet the needs of its students as required by their individualized education programs; any necessary communications and documented discussions and agreements with the school's sending school districts, the parents or guardians of students, or State agency responsible for providing the student's education, as applicable;  the provision of school meals and transportation to students; and how the school will adhere to applicable public health guidelines as issued by the United States Centers for Disease Control and Prevention and any other appropriate public agencies.  An APSSD will submit the plan within 30 days of the effective date of the bill; however, if the school is unable to complete its plan within the 30-day period, the commissioner may retroactively approve the program.

     To limit the transmission of COVID-19, all schools in the State were required to close for in-person instruction pursuant to Executive Order No. 104 of 2020.  As the COVID-19 pandemic continued, schools remained closed throughout the remainder of the 2019-2020 school year following the signing of the executive order.  With the issuance of the Department of Education's report entitled "The Road Back: Restart and Recovery Plan for Education," schools were directed to make plans for in-person instruction for the 2020-2021 school year.  This bill would ensure that, if all schools are required to close again during the 2020-2021 school year, APSSDs will be allowed to remain open for in-person instruction.   

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