A Capehart Scatchard Blog

New Law Permitting Remote Instruction Also Requires Payment of Compensation and Benefits to School Employees and Other Entities

By on April 15, 2020 in Legislation with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. 

On April 14, 2020, Governor Murphy signed A3904/S2337 into law which permits use of virtual and remote instruction to meet the minimum 180 day school year requirement. The new law does not stop there. 

The law requires payment of benefits, compensation and emoluments to school employees as if school remained open during the school closure (irrespective of whether employees are covered by a collective negotiations agreement) and to a contract service provider pursuant to the terms of the contract in effect prior to the school closure as if the services had been provided.  Additionally, A3904 adds a requirement to make payments for benefits, compensation, emoluments and all payments required by N.J.S.A. 18A:6-51 et seq. to an educational services commission, county special services school district, and a jointure commission, and under any shared services agreement and cooperative contract entered into with any other public entity. 

The law contains some conditions and exceptions so school districts should consult with legal counsel regarding the law’s implications.

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Robert Muccilli

About the Author

About the Author:

Robert A. Muccilli, Esq. is Co-Chair of Capehart Scatchard’s School Law Group and a Shareholder in the Labor and Employment Group. For over 25 years, he has focused his practice in the areas of school law, and labor and employment. He has represented school districts with respect to a variety of education law issues involving students, teachers, school construction and special education issues including questions pertaining to inclusion, least restrictive environment, discipline, behavior management, transition, evaluation, discrete trial instruction, medically fragile students, dyslexia, Down Syndrome, Aspergers Syndrome, and equal access to activities and services for disabled individuals. He has also been recognized as one of South Jersey’s Top Attorneys as published by SJ Magazine. Mr. Muccilli is admitted to practice law in New Jersey, the United States District Court for the District of New Jersey and Washington, DC.

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