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New Jersey’s Efforts as it Adjusts to a New Paradigm of Education

Posted on April 16, 2020

Nina Peckman, Staff Attorney
Nina Peckman, Staff Attorney

It’s been several weeks now since Governor Murphy mandated all schools to close and a reopen date is still not in near sight. This pandemic is testing the state’s capacity to fulfill its obligation to educate 1.4 million New Jersey children outside the schools’ brick and mortar. To learn how the state is responding in light of COVID-19, NJ Spotlight held a roundtable discussion on April 7th with the Commissioner of the New Jersey Department of Education (DOE), Lamont Repollet, Ed.D., Assistant Commissioner for Field Services AbdulSaleem Hasan and Assistant Commissioner for Academics and Performance Linda Nosan.

New Jersey DOE officials engaged in an open conversation on current plans to ensure that all of New Jersey’s school children continue to receive an education. The department’s top concerns included food security, ensuring equity and meeting the special needs of students while establishing a system of remote learning that would provide flexibility in complying with education regulations.

Commissioner Repollet began by applauding efforts by school staff throughout New Jersey to address the needs of students, including setting up remote learning, finding iPads and Chromebooks and distributing school meals to those in need. He praised the efforts of teachers, staff and administrators that had to quickly learn how to teach and provide necessary supports entirely through remote services while often struggling to help their own children.

As the Department embarked on remote learning, they leaned on existing home instruction guidelines and guidance by the Attorney General to determine how students will be assessed for grade promotion, credit recovery and graduation. The Commissioner assured that children who should and can graduate high school this year will do so. Governor Phil Murphy aided this effort by cancelling all statewide student assessments for the spring 2020. This includes the administration of the New Jersey Student Learning Assessments (NJSLA), ACCESS for ELLs, and the Dynamic Learning Maps (DLM) assessment. Further, he reduced the undue burden for seniors to graduate by issuing Executive Order No. 117, waiving the graduation assessment requirement for twelfth graders expecting to graduate this school year. DOE is committed to working with districts to address the credit recovery and graduation requirements.

Commissioner Repollet recognized the efforts needed to address the needs of students with disabilities, students who have limited English proficiency and students who struggle academically and/or who have behavior challenges. School districts have developed flexible plans to provide instruction and to help ensure that children receive education services.He confirmed that recent guidelines from the U.S. Department of Education, state DOE emergency regulations and a bill signed into law by Governor Murphy on teletherapies will allow for students to receive supports at home as needed through telephone/video/email contacts with teachers, guidance counselors, child study team staff and other support staff to help children get promoted this year to the next grade.

As they work to adjust to this new paradigm of providing instruction, DOE recognized the difficulty of providing all the resources that children need to learn in their homes. There are families that still do not have a Chromebook or laptop for each child and some do not have stable internet service or any internet service at home. But Federal and state regulations states that children who do not progress, who regress or who have gaps in their education services due to the school closures have the right to a determination regarding whether they need compensatory education services to make up for loss of education.

Parents play an important role in ensuring their child continues to receive an education. Parents whose children are not able to access classes or school work or whose children are not being contacted by school staff as needed, should contact school staff. If they do not receive a response, they should contact their county education offices for assistance. If there is no internet access in the home, the school should be contacted to determine the best way to communicate with staff (ex. Text/phone call/ mail). Some schools have developed apps for cellphones to enable communication.  Parents can also contact Nina Peckman at ACNJ for advocacy assistance via email to npeckman@acnj.org or via telephone at (973) 643-3876, ext. 226.

Visit the New Jersey Department of Education for guidance and resources during COVID-19.

Parents, having a hard time with this distance learning? Trying to replicate the school setting at home? Well you don't have too. What a relief!  According to this blogger, parents have a unique role that can help facilitate learning for kids without having to take on the role of "teacher". Check out these educational resources which include some interactive activities that are fun too!

Stay Safe, Healthy and Connected – Preventing Child Abuse

Posted on April 13, 2020

April is Child Abuse Prevention Month, a campaign to empower individuals to prevent child abuse and neglect across the nation. Per a recent article on NJ.com, March has seen a 32% reduction in calls to report child abuse and neglect to New Jersey’s State Central Registry (SCR), the child abuse hotline, compared to March 2019 numbers. Other states are reporting similar decreases.

However, though we want to see a reduction in child abuse, this drop in reporting is not necessarily a positive sign. The COVID-19 pandemic has driven people all over the globe indoors, self-isolating to stay safe from the virus, but it has also broken connections to necessary supports and oversights that may prevent potential child abuse cases. DCF Commissioner Christine Norbut Beyer warns, “March is traditionally one of our highest reporting months… The reduction doesn’t necessarily mean that children are experiencing less abuse and neglect, but rather it’s not being seen or heard. And so no response is being taken. It’s not being reported.”

At the beginning of the month, the New Jersey Department of Children and Families (DCF) launched its Work to End Child Abuse and Neglect, or #WeCan campaign, distributing engaging digital tools to inform New Jersey residents of the resources available to prevent child abuse. Given the stress and anxiety that sheltering at home can cause, the #WeCan campaign has come at an opportune time to encourage everyone to stay safe, healthy and connected.

The DCF website provides helpful digital resources for managing anxiety, stress and offers free supports for people in crisis. ACNJ has compiled resources as well, including links to websites with free reading and educational materials, as well as virtual tour websites and other activities to share with children. The more that families feel supported, the less likely that child abuse and neglect will occur.

The #WeCan campaign uses the slogan, “Social distancing does not mean social isolation.” Check in with other family members and neighbors. The power of the internet makes this possible to do in more ways than ever before, including different social media platforms and even video conferences to see friends and family across the state. Even a simple phone call to talk through a problem may help divert a tragedy. Sharing resources offered by DCF, ACNJ and other advocacy groups can promote healthy mental outcomes and can even strengthen family ties.

For more information on the #WeCan campaign, visit the DCF Facebook page at facebook.com/NewJerseyDCF. In New Jersey, any person having reasonable cause to believe that a child has been subjected to abuse or acts of abuse should immediately call the (SCR) at 1-877 NJ ABUSE (1-877-652-2873) (TTY 1-800-835-5510). If the child is in immediate danger, individuals should call 911 as well as the hotline.

Understanding Unemployment Benefits and Paid Sick Leave Amidst COVID-19 Frequently Asked Questions

Posted on May 6, 2020

Back in March, ACNJ conducted a survey to evaluate the impact the COVID-19 pandemic has had on the child care community to date. To address the concerns raised, we held multiple Q&As with leading authorities to help navigate the resources available to the child care community. Below is a list of questions from the surveys and Q&As, as well as emails, conversations with members in the community and information found on the New Jersey Child Care for COVID-19 website.

Download FAQ's

Eligibility Criteria:
Worked 20 weeks @ $200+ per week or earned $10,000 in base year

Weekly benefits:
60% of average earnings, max of $713 per week
Partial benefits for 20% (or greater) reduction in hours
26 weeks max

Apply online at www.nj.gov/labor
Straightforward layoffs – should be processed quickly
Terminations, voluntary quits, etc. – may experience some delay
Must claim benefits each week

Three Pandemic Unemployment Programs:

  • During the period of: week ending March 29, 2020 to week ending July 25, 2020
  • Provides an additional $600 flat amount to everyone getting unemployment benefits: “Regular” UI, PUA, partial UI/PUA, PEUC (but not ABT)
  • No separate application
  • Automatic payment (payment is separate from regular UI or PUA)
  • First payment - week of April 14, 2020
  • Does not affect eligibility for Medicaid or Children’s Health Insurance Program
  • No recoupment of PUC benefits for overpayments

 

  • Must first apply for regular UI then denied to be considered for PUA
  • During the period of: January 27, 2020 to December 31, 2020 (possible retroactive benefits)
  • Max of 39 weeks, paid weekly
  • Weekly benefit rate = minimum ~$200/week, max $713
  • Partial PUA available
  • For workers unemployed (or under-employed) due to COVID-19 and ineligible for regular UI:

* self-employed

* independent contractors

* “gig” economy employees (*should be eligible for regular UI)

* people unable to start a new job due to the pandemic

  • Persons who are otherwise not eligible for regular unemployment benefits (like insufficient base year earnings)

 

  • During the period of: week ending April 5, 2020 to December 31, 2020
  • Additional 13 weeks of unemployment benefits

* Regular UI claimants now eligible for 39 weeks instead of 26 weeks 

  • Application uncertain – check NJDOL website for updates: https://www.nj.gov/labor/
  • Available to those who exhausted benefits after July 1, 2019

    o States have to notify those who may be eligible

    o   Claimants will get PEUC first, then  (potentially) PUA

  • Still have to meet eligibility criteria (with some flexibility)

     

 

FAQ's About Unemployment Benefits

These employees should be eligible for Pandemic Unemployment Assistance.

The $600 additional payment is for those receiving regular Unemployment, including any state (Extended Benefits) or federal extension (Pandemic Extended Unemployment Compensation), those receiving Pandemic Unemployment Assistance (PUA), and those paid through Trade Act (TRA). Regular Unemployment payments include those with federal or military wages as well.

Anyone receiving unemployment, Pandemic Unemployment Assistance, or partial benefits under either of those programs will be eligible for Pandemic Unemployment Compensation (the extra $600/week until 7/31/20).  These $600 payments are automatic.

In New Jersey there are set requirements to determine the validity of a claim. If you do not have a valid claim, then your claim will be evaluated for Pandemic Unemployment Assistance (PUA). Whether receiving Unemployment or PUA, you will be eligible for the $600 additional payment.

 

Anyone self-employed, or paid through a 1099, who does not meet the qualifications for a regular unemployment claim, may be eligible for Pandemic Unemployment Assistance (PUA). The instructions on how to file for PUA is available here.  The claimant must first be denied regular unemployment before being considered for PUA.

Business owners will not qualify for unemployment; however, they may be entitled to Pandemic Unemployment Assistance (PUA). They would still need to file a claim for unemployment and be denied first in order for their application to be considered for PUA.

An employer’s tax experience rating may be affected by the receipt of unemployment benefits by an employee or former employee, but tax impact depends on the particular circumstances of the case.

 

It depends.  A worker in this situation should apply for UI benefits, and the NJDOL will investigate the matter to determine whether or not the worker is eligible for benefits.  The worker will have to supply documentation regarding the employment.

Yes. If you are working in covered employment you may be entitled to Unemployment.

A 1099 worker is generally an independent contractor; not an employee (unless they’ve been misclassified).  Independent contractors experiencing unemployment or under-employment related to COVID-19 may be eligible for PUA benefits.  The worker should go ahead and apply for benefits, even if they don’t have the 1099 yet.

 

Potentially, this would require adjudication to determine eligibility for Unemployment or Pandemic Unemployment Assistance.

Potentially, this would require adjudication to determine eligibility for Unemployment or Pandemic Unemployment Assistance.

Potentially, this would require adjudication to determine eligibility for Unemployment or Pandemic Unemployment Assistance.

You are able to reopen your unemployment claim as many times as necessary during the one year benefit period.

While an employer is not paying an employee, the employee should apply for benefits.  If the center later reopens and calls the employee back to work, s/he may or may not be eligible for continued benefits, if s/he chooses not to return to the job.  Such a determination requires a fact-specific analysis – it depends on the particular circumstance of the case.

A claimant who receives a Notice of Determination stating they are ineligible for benefits must appeal within 7 days from receiving the notice or within 10 days of the mailing date of the Notice of Determination.  The appeals process is explained on the Notice of Determination.  The appeal, at this stage, is to the Appeal Tribunal, which will then hold a phone hearing.

Unemployment benefits must be reported for tax purposes, and claimants may choose to have deductions taken from the benefits up front, but they are not required to repay unemployment benefits through taxes.

That information should be published on the NJDOL’s website soon.  We do not know the process for this yet.  Eligible claimants will be notified of the process.

 

Yes.  If a worker’s hours have been reduced by 20% or more, they should be eligible for benefits.

The same rules for unemployment apply regardless of the size of the employer.

To file a claim visit: https://myunemployment.nj.gov/labor/myunemployment/covidinstructions.shtml.  The claimant should receive a confirmation number.  The claim will be reviewed by Unemployment Insurance staff. NJDOL system is experiencing record levels of demand and all in-person services statewide are currently closed due to COVID-19. If your application was not successful, please keep trying.  You will not lose a day’s benefits as all claims will be backdated to your first day of employment loss.  If getting through by phone is not possible, send an email through the “contact us” link on the NJDOL’s website.

Workshare is a program which allows employees experiencing a reduction in hours to collect a percentage of their unemployment compensation (UC) benefits to replace a portion of their lost wages. In order to be eligible, the employer must have an approved Short Term Compensation (STC) plan in place with Unemployment. In order to qualify for STC, employees must first be determined to be eligible for UC. While receiving UC benefits under an STC plan, employees are not required to meet availability or work search requirements, but they are required to be available for their normal workweek. An alternative to the work share program and requiring a STC plan, is if the employee’s hours are reduced, then they can receive partial unemployment benefits. The employee would report their gross income and would receive the difference, up to the defined partial benefit rate. Partials do not require any set plan, and can just be set up by filing a claim and reporting wages.

 

  • Employers, regardless of staff size, must provide employees with up to 40 hours a year of paid sick leave per year.
    • This applies to full-time, part-time or temporary workers (*regardless of immigration status)
    • 1 hour of earned sick leave for every 30 hours worked (employer can also give 40 hours up front)
    • Up to 40 hours of unused sick time can be carried over to the next year, but employer does not have to allow more than 40 hours of leave per year.
  • Time can be use for employee’s own illness or to care for a sick family member (broad definition)
    • Employer can request medical documentation after 3 days
  • Also covers time off due to school closure because of a public health emergency
  • Enforced by NJDOL, Wage and Hour

Find more information at https://www.nj.gov/labor/worker-protections/earnedsick.

  • Covers employees that work for private employers with less than 500 employees (and certain public employers)
  • Available even if worker already used up Federal Family Medical Leave (FMLA)
  • Supplements any paid sick leave that an employer already offers
  • If an employee is ill or quarantined by  a doctor or government order:
    • Eligible for up to two weeks (80 hours) of paid sick leave at the employee’s regular rate of pay (up to a maximum of $511 per day)
    • No intermittent leave – stay home!
  • If an employee cannot work because he is caring for someone with COVID-19 or a child whose school/day care is closed:
    • Eligible for up to two weeks (80 hours) of paid sick leave at 2/3 the regular rate of pay (up to a maximum of $200 per day)
    • Leave may be intermittent if employer and employee agree
    • NOTE: Employers with less than 50 employees may seek an exemption from these child-care related provisions of PSL or expanded FMLA

 

  • Covers workers caring for child out of school/day care
    • Must have been on payroll for at least 30 days prior to leave
  • Up to 10 additional weeks of partially paid leave
    • 2/3 of the employee’s regular rate of pay, up to a maximum of $200 per day/$10,000 max
  • Leave may be intermittent if employer and employee agree
  • Not available if worker already exhausted FMLA leave
  • NOTE: Employers with less than 50 employees may seek an exemption from these child-care related provisions of PSL or expanded FMLA

Frequently Asked Question Related to Earned Sick Leave

Refer to the NJ Department of Labor Guides on COVID-19 scenarios with related benefits at https://www.nj.gov/labor/worker-protections/earnedsick/covid.shtml

An employer with under 50 employees IS NOT exempt from providing emergency paid sick time, only the emergency FMLA.  Find more details here:

Combined flyer and Emergency Paid Sick Leave

Find How businesses are "reimbursed" via tax credits

The New Jersey Earned Sick Leave law does not require an additional number of paid sick days if the employer is already complying with the minimum number of days for the covered reasons of taking leave.

The Federal Emergency Paid Sick Days requires employer pay workers for an additional 10 days during the pandemic for COVID19 related reasons.

So yes, a part time job would also need to provide you with 1 hour of paid sick time for every 30 hours you work and be required to allow you to take at least 5 paid sick days a year.

Yes, if the reason for taking sick leave is covered under the Earned Sick Leave law. To learn more visit https://myleavebenefits.nj.gov/labor/worker-protections/earnedsick/law.shtml and scroll down to How Can I Use My Earned Sick Time?

Also, if the employer is covered under the Federal Emergency Paid Sick Days and FMLA and if the worker has a protected reason for taking leave, the worker can access that time.
See list of reasons. 
NJ Department of Labor guides

 

An employer cannot require an employee to use their paid time off prior to using NJ Family Leave Insurance.  Click here to learn more.

PPP is not under the scope of Unemployment, however if an employee is being paid full pay from their employer, they are not entitled to Unemployment or PUA benefits.

If they are still being paid for their full time position they are not entitled to Unemployment or Pandemic Unemployment Assistance. Any earnings received for a week claimed would have to be reported. If you are earning more than your partial benefit allowed (defined on the monetary determination they would receive) then you would be ineligible for any benefits.

 

FMLA is not related to Unemployment.

FMLA is not a paid program. Worker’s Compensation, Family Leave Insurance, Unemployment, and Disability are all examples of a paid program. To determine which program you may be entitled to depends on your personal circumstances. You can see the depart of labor site for a breakdown on which program is most likely right for you.

New Jersey Child Care and COVID-19 Frequently Asked Questions on Paycheck Protection Program

Posted on April 30, 2020

Back in March, ACNJ conducted a survey to evaluate the impact the COVID-19 pandemic has had on the child care community to date. To address the concerns raised, we held multiple Q&As with leading authorities to help navigate the resources available to the child care community. Here is a list of questions from the surveys and Q&As, as well as emails, conversations with members in the community and information found on the New Jersey Child Care for COVID-19 website.

Download FAQ's

Find more FAQ's by the National Association for the Education of Young Children (NAEYC.)

FAQ's About the Payroll Protection Program and the Economic Injury Disaster Loan:

Small businesses, including certain eligible nonprofit entities, for‐profit, and self‐employed businesses with fewer than 500 employees are eligible to apply.

Yes, sole proprietors, independent contractors, and self‐employed persons are eligible to apply for both loans.

PPP: An applicant must apply through an eligible lender or bank. A current list of lenders can be found here: https://www.sba.gov/paycheckprotection/find Currently, TD Bank, PNC Bank, Kearny Bank, and Spencer Savings Bank will process applications even if an applicant does not have an account with them. If an applicant learns of other banks that accept applications from non‐account holders, please contact pcanning@acnj.org. However, applicants should start their search with the bank in which they do business. If the home bank is not accepting applications, the prospective applicant should ask their bank for recommendations or contact the above-named banks. The PPP application form should be submitted to an eligible lender: https://www.sba.gov/document/sba-form--paycheck-protection-program-borrower-application-form

EIDL: The EIDL application is submitted directly to the Small Business Administration (SBA) here: https://www.sba.gov/disaster-assistance/coronavirus-covid-19#/

An applicant can apply for both the EIDL and PPP loans. If an applicant receives both, the amount of the EIDL loan will be rolled into the PPP loan.

PPP: The information needed to apply for the PPP may differ depending on the lending institution. Reviewing the above link to the PPP application will help determine the specific information required. Each lender will advise as to whether any additional information is required.

EIDL: The information required for the EIDL must be completed in one sitting, as information cannot be saved on the website. The website indicates to allow at least two hours to complete the application. The application should be reviewed beforehand so that the applicant has all the necessary information at-hand needed to complete it.

PPP: The PPP loan application will be available until June 30th but it is first come, first serve until there is no longer funding available.

The EIDL will be available until all funds are depleted and it is also, first come, first serve.

PPP: Banks particicipating in the PPP have 10 days to disburse the loan proceeds once the loan is approved. The bank may opt to disburse a portion of the loan and ask for an account of how the money is being spent before disbursing the remaining funds. Applicants should talk with their banks to determine how the funds will be made available.

EIDL: The EIDL loan advance is automatically deposited into an applicant’s account three days after the application has been processed. However, due to the overwhelming response rate, the timing is no longer guaranteed. The balance will be dispersed based on individual circumstances.

PPP: In order for the PPP loan to be forgiven, it must cover 75% of payroll expenses and expenses related to payroll such as associated healthcare insurance and 25% of other business operating expenses. Legislative language ( https://assets.documentcloud.org/documents/6819239/FINAL-FINAL-CARES-ACT.pdf page 11) clearly says that “payment required for the provisions of group health care benefits, including insurance premiums;” are included in payroll costs. For an explanation, the Wall Street Journal notes, “What are payroll costs?” Payroll costs include what you would think: salary, wages, commissions, or similar compensation, as well as tips, for employees in the United States. It also includes payment for leave (including vacation, parental, family, medical, or sick leave but not those that you get a credit for under the Families First Coronavirus Relief Act); severance packages; employee group health care benefits; and state and local taxes on compensation. If you are an independent contractor or sole proprietor, it refers to your wage, commissions, income, or net earnings.”

EIDL: The EIDL loan covers general support such as equipment costs/leases and any other costs associated with business continuance.

FAQ's About the Payroll Protectition Program (PPP):

The PPP payroll cost calculation will depend on the lender. Most banks are requesting the average payroll information for a 12‐month period, either the calendar year 2019 or the immediate 12‐month period prior to applying for the loan. Applicants should check with their lender to determine which payroll cost calculation they prefer. If a business is new or seasonal, special calculations will need to be made.

A PPP loan will be forgiven if:
1. 75% of the loan is used for payroll expenses; and
2. If employees are kept on payroll for eight weeks (up to June 30th)

The PPP loan must be paid back within two years and there is an interest rate of 1%. Loan payments will be deferred for six months and there is not a prepayment penalty.

Yes, applicants can apply for the PPP if staff have been laid off, but they must be rehired in order for the loan to be forgiven.

Loan applicants can use the PPP loan proceeds for their staffs ad themselves on payroll, healthcare costs, pension benefits as well as utility costs, rent expenses and mortgage interest on business mortgages. After receiving the loan, if the full staff is not rehired prior to the eight‐week period, or staff salaries have decreased more than 25%, the full loan will not be forgiven.

The PPP loan will be reassessed at the new payroll rate and the loan recipient will be responsible for the balance of the loan if the number of employees rehired are fewer than the amount stated in the application.

Each employer is reassessed at the new percentage and will be responsible for paying back the difference, if the new rate is less than the original rate in the application.

The PPP is an eight-week spending program. If employees are paid during those eight weeks, employees are eligible again after the eight weeks for unemployment unless the PPP is modified.

The remains of the loan, after the eight weeks, will need to be repaid.

Yes, all child care programs that closed either before or after the state mandate can apply for the PPP. For the loan to be forgiven it must be used to continue to pay staff, utilities, rent, or mortgage interest during the eight week period.

Yes, associated health benefits may be covered with funds from the PPP.

Yes, if it is business-related.