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
Christopher D. Warren Appointed to NJ Ethics Committee post image

Christopher D. Warren Appointed to NJ Ethics Committee

Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Christopher D. Warren Appointed to NJ Ethics Committee"
Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law post image

Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law

Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law"
Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America® post image

Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®

Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®"
Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate post image

Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate

Scarinci Hollenbeck Partner Recognized for Continued Impact on Industrial Real Estate Industry Little Falls, NJ — July 25, 2025 — Scarinci Hollenbeck, LLC Partner Donald “Don” Pepe was recently recognized as a 2025 Influencer in Industrial Real Estate by GlobeSt, a leading commercial real estate publication. The GlobeSt award recognizes the professionals, teams, and companies […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate"
Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators post image

Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators

NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators"
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock post image

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock"

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!