Public Education Legal Update
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Board of Elementary and Secondary Education Adopts Emergency Regulations Addressing Student Learning Time
Yesterday, the Board of Elementary and Secondary Education adopted emergency regulations governing student learning time. 

The regulations address student learning time requirements for hybrid and remote learning models used by school districts during the pandemic. Specifically, the emergency regulations require school districts and schools using a hybrid learning model to provide at least 35 hours of combined in-person and remote synchronous learning over a 10-school day period. School districts and schools in a fully remote model must provide synchronous instruction each day and at least 40 hours of synchronous instruction over a 10-day period. These requirements are calculated by taking an average across all grades in the hybrid or remote model.

The new requirements become effective on January 19, 2021. They will be in effect for up to three months while the Board accepts public comment. A school district may seek a waiver of these regulations upon written request to the Commissioner of Elementary and Secondary Education.

Based on the emergency regulations, each school district should immediately evaluate whether its hybrid and remote educational models meet these requirements. If not, the school district should notify the representative for each affected bargaining unit of the emergency regulations, their effective date and the steps the school district proposes to comply with the emergency regulations. Upon request, school districts may be required to bargain over the impact of the emergency regulations. Compliance with the emergency regulations, however, is not subject to bargaining.

Please contact any member of our Public Education Group for assistance interpreting or applying these regulations.

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