(a) Subject to subsection (b) of this section, a county board may authorize the county superintendent, in cases of severe weather conditions, to provide virtual education days to students instead of closing the public schools in the county during a severe weather event.

(b) Before a county board may authorize the county superintendent to provide virtual education days to students in accordance with subsection (a) of this section, the county board shall:

(1) Discuss this topic at an open meeting; and

(2) Vote affirmatively to authorize the county superintendent to provide virtual education days to students during a severe weather event.

(c) (1) A county board shall publish the county board’s plan for the use of virtual education days on the school system’s website.

(2) The county board’s plan published in accordance with paragraph (1) of this subsection shall include:

(i) A plan to ensure that attendance will be taken for all students and teachers during each virtual education day;

(ii) A plan to provide opportunities for students to make up work missed during virtual education days when they return to in-person school;

(iii) A plan to ensure that all staff and students, including students with disabilities, homeless students, and English language learners, have the necessary devices at home for virtual education days, including access to Wi-Fi; and

(iv) Specific strategies for the continued implementation of individualized education programs during the virtual education day, including specially designed instruction, related services, supplementary aids and services, and accommodations.

(d) A county superintendent may decide to provide a day of virtual education for public school students in the county only if:

(1) The local school system has used all the days incorporated into its calendar for school closures for severe weather conditions;

(2) The county board has authorized the county superintendent to provide virtual education days to students in accordance with subsection (b) of this section; and

(3) The county superintendent determines that severe weather conditions are likely to prevent normal attendance at the public school.

(e) (1) If a county superintendent decides to provide a virtual education day for public school students in the county, the county superintendent shall notify the school principals as soon as possible after the decision is made.

(2) A school principal who receives notice of a virtual education day immediately shall notify the students, parents, and school staff of the implementation of the virtual education day.

(f) (1) A virtual education day shall consist of not less than 4 hours of synchronous instruction, and asynchronous instruction designed to maximize the advantages of online access.

(2) Notwithstanding any other provision of law, an employee organization designated as an exclusive representative may negotiate with a local school system about:

(i) The period of time that public school employees require for preparation on a virtual education day; and

(ii) The time at which synchronous instruction shall begin on a virtual education day.

(3) A county superintendent shall adequately design the virtual education day model, including any time requirements negotiated under paragraph (2) of this subsection, before implementation of the first virtual education day.

(g) If a county board of education provides a day of virtual education for public school students in the county, the local school system shall offer public school employees who are not assigned to work during the virtual education day an opportunity to make up the lost work through other duties before the beginning of the next school year.