{"id":"SEC-21-010","kind":"order","level":"state","jurisdiction":"New Jersey","state":"NJ","metro":"","industry":"21","agency":"","eco":"","issuer":"New Jersey Legislature (Senate and General Assembly); approved by Governor Philip D. Murphy","authority":"N.J. Const. art. IV; N.J.S.A. 18A:7F-9 as amended","instrument":"P.L. 2020, Chapter 27 (Assembly Bill No. 3904)","title":"An Act concerning flexible instruction days for public schools and approved private schools for students with disabilities and the payment of contracted service providers during health-related school closures","dateIssued":"2020-04-14","effective":"2020-04-14 (immediately; applicable to the 2019-20 school year and thereafter)","end":"Permanent statute (payment provisions operate whenever schools close more than three consecutive school days by declared emergency or health directive)","startDate":"2020-04-14","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["SCH","OTHER"],"addressees":["school districts","contracted service providers including student-transportation contractors"],"clause":"(3) If the schools of a school district are subject to a health-related closure for a period longer than three consecutive school days, which is the result of a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer, then the school district shall continue to make payments of benefits, compensation, and emoluments pursuant to the terms of a contract with a contracted service provider in effect on the date of the closure as if the services for such benefits, compensation, and emoluments had been provided, and as if the school facilities had remained open. Payments received by a contracted service provider pursuant to this paragraph shall be used to meet the payroll and fixed costs obligations of the contracted service provider. A school district shall make all reasonable efforts to renegotiate a contract in good faith subject to this paragraph and may direct contracted service providers... to provide services on behalf of the school district 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.","enforcement":"Statutory duty on school districts; payments conditioned on renegotiation and disclosure of business-interruption coverage","functions":["SB school and contract routes idled by the closure","OP contract administration","WF payroll preserved by statute","CB school districts"],"notes":"The Legislature\u0027s own finding that the closure orders idled contracted school-bus routes: payments are to be made \u0027as if the services... had been provided\u0027 and used \u0027to meet the payroll and fixed costs obligations of the contracted service provider\u0027; the district is not liable \u0027for services which otherwise would not have been provided had the school facilities remained open.\u0027","sourceUrl":"https://pub.njleg.state.nj.us/Bills/2020/PL20/27_.PDF","snapshot":"","fileExists":true,"fileBytes":134700,"grade":"primary","character":"","description":"","collection":"SEC-21","url":"/library/SEC-21-010","exhibitUrl":"/exhibit/SEC-21-010","citation":"New Jersey Legislature (Senate and General Assembly); approved by Governor Philip D. Murphy, P.L. 2020, Chapter 27 (Assembly Bill No. 3904) (Apr. 14, 2020) (Ex. SEC-21-010)","stateName":"New Jersey","related":[]}