Comments on Remote Instruction

The New York Civil Liberties Union (“NYCLU”) writes to offer comments in response to the New York State Education Department’s (“NYSED” or the “Department”) notice of proposed rulemaking regarding “Remote Instruction and its Delivery Under Emergency Conditions” published in the New York State Register on April 27, 2022.1 We thank NYSED for tackling this critical issue. The state of New York has a legal obligation to provide all students access to a sound basic education, including when it is absolutely necessary to deliver instruction remotely. In-person instruction should be the baseline goal of every school district unless serious circumstances prohibit it, in which case synchronous remote instruction can be a valuable tool in ensuring students’ educations are not interrupted.