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Bill

Bill

A 4912

Modifies conditions for use of virtual or remote instruction to meet 180-day school year requirement.

2026-2027 Regular Session

Allows counting virtual/remote days toward the 180-day year for public and private disability schools, not requiring consecutiveness during emergencies.

Introduced, Referred to Assembly Education Committee
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Bill Summary · A 4912

Summary of Bill A4912 (Session 222) — New Jersey

Purpose and intent

This bill modifies the conditions under which public schools and approved private schools for students with disabilities (APSSDs) can satisfy the state 180-day school year requirement using virtual or remote instruction. It broadens the circumstances that allow virtual/remote instruction to count toward the 180 days, by removing the requirement that all non-instruction days in question be consecutive. The change applies to both traditional public schools and APSSDs, and outlines processes, guidance, and impacts on related services and operational provisions.

Key provisions and changes

  • Meet 180-day requirement via virtual/remote instruction (public schools):

    • Current law allowed counting virtual/remote instruction only if a school closed for more than three consecutive days due to an emergency or health-related directive.
    • The bill removes the “consecutive days” requirement. Now, a district may meet the 180-day requirement through virtual/remote instruction if the district closes for three or more total days (not necessarily consecutive) during the school year under the same emergency/health-related conditions.
    • Districts must comply with criteria established by the commissioner for the virtual/remote program.
    • Districts must submit proposed virtual/remote programs to the commissioner within 30 days of the effective date of the act (and annually thereafter); retroactive approval is allowed if the district is unable to submit within 30 days but still experiences a qualifying closure.

  • Degree of equivalence and services (public schools):

    • A day of virtual/remote instruction approved by the commissioner counts as a full school day for graduation requirements, course credit, and other matters as determined by the commissioner.
    • If general education students have access to virtual/remote instruction, students with disabilities must receive equivalent educational opportunities. Special education and related services (e.g., speech-language, counseling, physical therapy, occupational therapy, behavioral services) may be delivered through electronic or online platforms as required by the student’s IEP, to the greatest extent practicable.

  • Health-related closures and implementation (public schools):

    • The superintendent of schools is given authority to implement the district’s virtual/remote instruction program during closures meeting the specified conditions, with consultation with the board of education when practicable.

  • Commissioner guidance (public schools):

    • The commissioner must define virtual/remote instruction and provide guidance on:
    • Access disparities (limited computer/broadband/technology)
    • Required length of a virtual/remote instruction day
    • Impacts on school food programs
    • Impacts on State assessments
    • Other necessary topics

  • Employee rights and contract implications (public schools):

    • The bill preserves existing rights and compensation frameworks for public school employees under federal/state law and collective bargaining agreements during closures.
    • For closures exceeding three days, related provisions address compensation, benefits, and potential renegotiation with contracted service providers and educational service commissions, including scenarios involving business interruption insurance and shared services arrangements.
    • Provisions clarify treatment under shared work programs and ensure payments to contracted services and public entities align with work performed during closures.

  • Definition expansion (scope):

    • The term “school district” includes charter schools and renaissance school projects for purposes of these provisions.

  • Application to APSSD (approved private schools for students with disabilities):

    • Similar framework as public schools: if closed for more than three total days due to emergencies/health directives, virtual/remote instruction can count toward instructional days for tuition calculations, under commissioner-approved programs.
    • Requires submission of proposed programs within 30 days of enactment and annual renewal; retroactive approval allowed if needed due to emergency closures.
    • Instructional days via virtual/remote platforms count as full days for graduation/credit, and special education/related services may be delivered electronically as practicable per IEPs.

  • Guidance for APSSD (private schools):

    • The commissioner will define virtual/remote instruction and provide guidance on access, day length, assessment impact, and additional topics as needed.

Affected entities and beneficiaries

  • Public school districts and boards of education (including charter schools, renaissance projects, county vocational and county special services districts)
  • Approved private schools for students with disabilities (APSSDs)
  • Students, including those with disabilities, who rely on special education services
  • School employees and contracted service providers (with attention to collective bargaining, payroll, and benefits during closures)
  • districts with remote/virtual instruction programs during declared emergencies or health crises

Procedural and timeline aspects

  • Effective date: The act takes effect immediately and applies to the first full school year after enactment.
  • Compliance window: Districts and APSSDs must submit proposed virtual/remote instruction programs within 30 days of enactment and annually thereafter; retroactive approval is possible if closures occur and submission is not timely.
  • Guidance issuance: The commissioner must issue definitions and guidance on virtual/remote instruction topics (technology access, day length, assessments, meal programs, etc.).

Bottom line

Bill A4912 expands the use of virtual or remote instruction to count toward the 180-day school year for both public schools and APSSDs, allowing non-consecutive days to be counted during emergency or health-related closures. It standardizes program approval processes, outlines corresponding instructional and service delivery expectations, and preserves employee rights and contract considerations during such closures. The changes aim to provide flexibility in maintaining instructional time while ensuring continuity of education and related services during emergencies.

Compiled from official sources — confirm details with the bill’s official record.

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