Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

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
Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List post image

Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List

ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Donald M. Pepe and Donald Scarinci of Scarinci Hollenbeck have once again been named to ROI-NJ’s 2026 Influencers: Law List, recognizing attorneys who continue to shape New Jersey’s legal and business landscape. The annual list highlights legal professionals whose […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List"
Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys post image

Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys

Scarinci Hollenbeck is proud to share that two highly acclaimed retired judges who now serve as Of Counsel to the firm, Hon. Ira E. Kreizman, J.S.C. and Hon. Ronald Lee Reisner, J.S.C., will be honored at the Monmouth Bar Association’s Golden Gala. The event recognizes members of the Monmouth Bar Association who have practiced law […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys"
NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List post image

NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List

Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List"
John M. Scagnelli Re-Elected to LSRPA Board of Trustees post image

John M. Scagnelli Re-Elected to LSRPA Board of Trustees

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "John M. Scagnelli Re-Elected to LSRPA Board of Trustees"
Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey post image

Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey"
Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List post image

Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List

Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List"

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!