Effective September 8, 2021, the New Jersey Department of Education rescinded the COVID-19 pandemic-related emergency rule allowing special education services to be provided virtually. However, school districts may continue to provide virtual-related services to special education students until January 11, 2022.
In April 2020, the New Jersey Legislature amended N.J.A.C. 6A:14-1.1(d)5) so that special education services could be provided through electronic communications, virtual, or other online platforms as appropriate and as required by a student’s individualized education plan (IEP), during an extended public-health related school closure. The amendments further provided that related services, including counseling, occupational therapy, physical therapy, school nurse services, recreation, social work services, medical services and speech-language services, could be provided through telemedicine and telehealth or through electronic communications, which include virtual, remote, or other online platforms, as appropriate and as required by the student’s IEP to the greatest extent possible. The changes also permitted NJDOE-approved clinics/agencies to deliver related services virtually or through online platforms.
