(a) As used in this section:

(1) “Remote learning” means instruction by means of one or more Internet-based software platforms as part of a remote learning model; and

(2) “Dual instruction” means the simultaneous instruction by a teacher to students in-person in the classroom and students engaged in remote learning.

(b) Not later than January 1, 2022, the Commissioner of Education shall develop, and update as necessary, standards for remote learning.

(c) For the school years commencing July 1, 2022, and July 1, 2023, a local or regional board of education may authorize remote learning to students in grades nine to twelve, inclusive, provided such board (1) provides such instruction in compliance with the standards developed pursuant to subsection (b) of this section, (2) adopts a policy regarding the requirements for student attendance during remote learning, which shall (A) be in compliance with the Department of Education’s guidance on student attendance during remote learning, and (B) count the attendance of any student who spends not less than one-half of the school day during such instruction engaged in (i) virtual classes, (ii) virtual meetings, (iii) activities on time-logged electronic systems, and (iv) the completion and submission of assignments, and (3) prohibits the provision of dual instruction as part of remote learning.

(d) For the school year commencing July 1, 2024, and each school year thereafter, a local or regional board of education may authorize remote learning to students in grades kindergarten to twelve, inclusive, provided such board (1) provides such instruction in compliance with the standards developed pursuant to subsection (b) of this section, (2) adopts a policy regarding the requirements for student attendance during remote learning, which shall (A) be in compliance with the Department of Education’s guidance on student attendance during remote learning, and (B) count the attendance of any student who spends not less than one-half of the school day during such instruction engaged in (i) virtual classes, (ii) virtual meetings, (iii) activities on time-logged electronic systems, and (iv) the completion and submission of assignments, and (3) prohibits the provision of dual instruction as part of remote learning.