Last week, the NJ Department of Education DOE adopted the following rule modification:
From the NJDOE proposal:
Although the declared public health emergency has expired, P.L. 2021, c. 103 provides that rule waivers/suspensions/modifications adopted under the authority of EO 103 will expire on January 11, 2022. P.L. 2021, c. 103 also allows agency heads to terminate rule waivers/suspensions/modifications prior to the expiration date. Since all schools will be returning to full-time, in-person instruction for the 2021-2022 school year, the Department proposes to terminate modified N.J.A.C. 6A:14-1.1(d)5. If certain conditions require a school to be closed for in-school instruction for more than three school days, P.L. 2020, c. 27 will allow special education and related services to be provided through electronic communications, virtual, or other online platforms during the closure. Upon State Board of Education approval, the termination will be effective immediately.
The Department has determined that modified N.J.A.C. 6A:14-3.9(a) and 5.2(f) should not be terminated at this time to continue to allow related services to be provided through telemedicine and telehealth or through electronic communications as appropriate and as required by the student’s IEP to the greatest extent possible. The Department also plans to pursue amendments to N.J.A.C. 6A:14 to make permanent certain provisions allowing related services to be provided through electronic communications or virtual or other remote platforms. Read more.
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