The COVID Project
The record
- Jurisdiction
- New Jersey
- Level
- State
- Authority
- N.J. Const. art. IV; N.J.S.A. 18A:7F-9 as amended
- Issued
- 2020-04-14 Apr. 14, 2020
- Effective
- 2020-04-14 (immediately; applicable to the 2019-20 school year and thereafter) (read as 2020-04-14)
- End
- Permanent statute (payment provisions operate whenever schools close more than three consecutive school days by declared emergency or health directive) (read as 2021-09-30)
- In force
- Apr. 14, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Schools and child careOther
- Addressees
- school districts
- contracted service providers including student-transportation contractors
- Functions reached
- SB school and contract routes idled by the closure
- OP contract administration
- WF payroll preserved by statute
- CB school districts
- Collection
- Passenger Transportation and Travel Services SEC-21
Operative words
(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
Notes
The Legislature's own finding that the closure orders idled contracted school-bus routes: payments are to be made 'as if the services... had been provided' and used 'to meet the payroll and fixed costs obligations of the contracted service provider'; the district is not liable 'for services which otherwise would not have been provided had the school facilities remained open.'