COVID-19 School Year Repeat: Gov. Murphy Signs Bill Allowing It

TRENTON, NJ — Parents who are concerned that their children have fallen significantly behind academically as a result of remote learning during the coronavirus pandemic now can request that their children repeat the grade level under a law signed Wednesday by Gov. Phil Murphy.

The law applies to children in kindergarten through eighth grades and permits parents or guardians to make the request only for the 2021-22 school year.

The law comes as parents and school districts are using a number of approaches to address the impact of extended remote instruction that began in March 2020 and for some districts remained in place most of the 2020-21 school year.

"Although the increased use of virtual or remote instruction has been necessary in order to limit the transmission of COVID-19, research has shown that the use of such instruction may lead to a gap in learning gains that students may have otherwise experienced had they been learning through in-person instruction," says the introduction to the law, which was sponsored by Assemblyman Ralph Caputo (D-Essex), Assemblywoman Shavonda Sumter (D-Bergen, Passaic), Assemblyman Raj Mukherji (D-Hudson) and Sens. Shirley Turner (D-Hunterdon, Mercer) and Teresa Ruiz (D-Essex) .

"Parents are placed in a unique position to observe the effects that the COVID-19 pandemic is having on their children's educational progress," the introduction notes. "Given the new role that parents have taken on in their children's education during this unprecedented time, it is fitting that parents have an increased say in certain educational decisions, including decisions concerning grade retention."

Parents or guardians who want their kindergarten through eighth-graders to repeat the grade level must submit the request in writing to the principal of the school where the child is enrolled.

Once the written request is submitted, parents or guardians will have to sit down with school counselors, the child study team or individualized education program team, and the child's teacher to discuss the request.

If the family members and school administrators agree, the request goes to the district superintendent for approval.

If the parents or guardians and school administrators do not agree on having a child repeat a grade, the superintendent will make the final decision.

Concerns about academic shortfalls have been widespread as the pandemic dragged on. Most New Jersey school districts have set up summer programs for students to get additional academic support. Districts also are using funding received from the federal government to add other programs and assistance to help students make up for lost time.

The state Department of Education also has an assessment scheduled for mid-September into October to try to determine how much academic progress has been lost.

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