(M) R 2425  EMERGENCY VIRTUAL OR REMOTE
  	INSTRUCTION PROGRAM
A.    	Definitions

	1.     	“Remote instruction” means the provision of instruction occurring when the student 	and the instructor are in different locations due to the closure of the facility(ies) of the 	Board of Education, charter school, renaissance school project, or approved private 	school for students with disabilities.  The closure of the facility(ies) shall be pursuant 	to N.J.S.A. 18A:7F-9 or 18A:46-21.1 and for more than three consecutive school 		days due to a declared state of emergency, a declared public health emergency, or a 	directive by the appropriate health agency or officer to institute a public 			health-related closure.

	2.     	“Virtual instruction” means the provision of active instruction when the student and 	the instructor are in different locations and instruction is facilitated through the 		internet and computer technologies due to the closure of the facility(ies) of the Board 	of Education, charter school, renaissance school project, or approved private school 	for students with disabilities.  The closure of the facility(ies) shall be pursuant to 		N.J.S.A. 18A:7F-9 or 18A:46-21.1 and for more than three consecutive school days 	due to a declared state of emergency, a declared public-health emergency, or a 		directive by the appropriate health agency or officer to institute a public 			health-related closure.

B.    	Pursuant to N.J.A.C. 6A:32-13.1, if the State or local health department determines that it is advisable to close, or mandates closure of, the schools of a school district 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 for more than three consecutive school days, the Superintendent shall have the authority to implement the school district’s program of virtual or remote instruction, pursuant to N.J.S.A. 18A:7F-9.

	1.     	If implemented by the Superintendent, the school district’s program of virtual or 		remote instruction shall be provided to an enrolled student, whether a general 		education student in preschool through grade twelve or a student with a disability 	aged three to twenty-one.

		a.     	The school district shall provide students with a disability with the same 			educational opportunities provided to general education students to the extent 		appropriate and practicable.

		b.     	Related services may be delivered to general education students and students 		with a disability through the use of electronic communication or a virtual or 		online platform, as appropriate.
	
	2.     	The Board of Education may apply to the 180-day requirement established pursuant 	to N.J.S.A. 18A:7F-9.b., one or more days of virtual or remote instruction under the 	following conditions and in accordance with N.J.A.C. 6A:32-13.1(c)1. through 4. and 	B.2.a. through d. Below:

		a.     	Virtual or remote instruction is provided to students on the day(s) that some 		or all of the programs of instruction of the district were closed to in-person 		instruction;

		b.     	The virtual or remote instruction meets the Commissioner-established criteria 		for the occurrence of one of the events at N.J.A.C. 6A:32-13.1(b) and B. 			above;

		c.     	The school district’s program of virtual or remote instruction:

			(1)    	Explains, to the greatest extent possible, the equitable delivery of, 			and access to, virtual and remote instruction, including descriptions 			of the following:

				(a)    	The design of synchronous and/or asynchronous virtual or 				remote learning plans that will maximize student growth and 				learning;

				(b)    	How the school district will continuously measure student 				growth and learning in a virtual or remote instruction 					environment; and

				(c)    	The school district’s plan for measuring and addressing any 				ongoing digital divide issue(s), including a lack of access to 				the internet, network access, or devices;

			(2)    	Addresses the needs of students with disabilities and includes 				descriptions of the following:
				
				(a)    	The delivery of virtual or remote instruction in order to 					implement, to the greatest extent possible, students’ 					individualized education programs (IEPs), including material 				and platform access;

				(b)    	The methods used to document IEP implementation, 					including the tracking of student progress, accommodations, 				and modifications;

				(c)    	How case managers follow up with parents to ensure 					services are implemented, to the greatest extent possible, in 				accordance with IEPs; and

				(d)   	How the school district plans to conduct IEP meetings, 					evaluations, and other meetings to identify, evaluate, and/or 				reevaluate students with disabilities;

			(3)    	Addresses the needs of English language learners (ELLs) and 				includes descriptions of the following:

				(a)    	How the school district includes an English as a Second 					Language and/or bilingual education program aligned with 				State and Federal requirements to meet the needs of ELLs;

				(b)    	The process to communicate with parents of ELLs, including 				providing translation materials, interpretative services, and 				information available at the parent’s literacy level;

				(c)    	The use of instructional adaptations, for example, 					differentiation, sheltered instruction, Universal Design for 				Learning, access to technology, and strategies to ensure that 				ELLs access the same standard of education as non-ELL 					peers; and

				(d)   	The training for teachers, administrators, and counselors to 				learn strategies related    to culturally responsive teaching 				and     learning, social-emotional learning, and             					trauma-informed teaching for students affected by forced 				migration from their home country;
			(4)    	Accounts for student attendance in accordance with N.J.A.C. 				6A:32-13.1(d) and B.3. below and include the following:

				(a)    	A description or copy of the school district’s attendance 					policies, including how the school district will determine 				whether a student is present or absent during virtual or 					remote instruction, and how a student’s attendance will 					factor into promotion, retention, graduation, discipline, and 				any other decisions that will reflect the student’s 						performance;

			(5)    	Describes how the school district is communicating with the parents 			when a student is not participating in virtual or remote instruction 			and/or submitting assignments;

			(6)    	Includes a plan for the continued safe delivery of meals to eligible 			students;

			(7)    	Includes an outline of how buildings will be maintained throughout 			an extended period of closure; and

			(8)    	Includes district-specific factors, including, but not limited to, 				considerations for Title I extended learning programs, 21st Century 			Community Learning Center Programs, credit recovery, other 				extended student learning opportunities, accelerated learning, and 			social and emotional health of staff and students, transportation, 				extra-curricular programs, childcare, and community programming; 			and

		d.     	The Board of Education submitted a proposed program of virtual or remote 		instruction to the Commissioner annually.

			(1)    	If the Board is unable to complete and submit a proposed program 			annually in accordance with the timeline established by the 				Commissioner, and the school district is required to close its schools 			for 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, the Commissioner may retroactively 			approve the program.
	3.     	If provided under the Board’s program that has been approved by the Commissioner, 	student attendance for a day of virtual or remote instruction shall be accounted for in 	accordance with N.J.A.C. 6A:32-8.4 for the purpose of meeting State and local 		graduation requirements, the awarding of course credit, and other matters as 		determined by the Commissioner.

 

 

 

 

 

 

 

 

  
 
 First Reading:  January 24, 2023
Adopted:  March 14, 2023