N.J. Admin. Code § 6A:16-1.3
The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.
"Abused children" means the categories of children enumerated in N.J.S.A. 9:6-8.21.
"Advanced practice nurse" means a person who holds a current license as either an advanced practice nurse or a nurse practitioner/clinical nurse specialist from the State Board of Nursing.
"Alternative education program" means a comprehensive educational program designed to address the individual learning, behavior, and health needs of students who are not succeeding in the general education program or who have been mandated for removal from general education, pursuant to N.J.A.C. 6A:16-5.5, 5.6 and, as appropriate, 5.7. The alternative education program shall provide a variety of approaches to meet the State-adopted standards, such as, through non-traditional programs, services, and methodologies to ensure curriculum and instruction are delivered in a way that enables students to demonstrate the knowledge and skills specified for all students in N.J.A.C. 6A:8.
"Assessment" means procedures used by school staff to make a preliminary determination of a student's need for educational programs, supportive services, or referral for outside services that extend beyond the general school program by virtue of learning, behavioral, or health difficulties of the student or the student's family.
"Asthma treatment plan" means a form approved by the Commissioner and completed by the medical home that is specifically designed to indicate differentiated symptoms and appropriate action to be taken by school staff to manage the care of a student who suffers from asthma-related illnesses pursuant to N.J.S.A. 18A:40-12.8(b). The asthma treatment plan shall serve as an accompaniment to the student's Individualized Healthcare Plan.
"Automated external defibrillator (AED)" means a medical device heart monitor and defibrillator that is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed and upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart, pursuant to N.J.S.A. 18A:40-41a.
"Case management" means advocacy for and coordination of student services, including, but not limited to, counseling, health services, referrals to community-based agencies, and monitoring of academic progress.
"Certified school nurse" means a person who holds a current license as a registered professional nurse from the State Board of Nursing and an educational services certificate, school nurse or school nurse/non-instructional endorsement from the Department of Education pursuant to N.J.A.C. 6A:9B-14.3 and 14.4.
"Code of student conduct" means standards, policies, and procedures established by district boards of education for positive student development and student behavioral expectations on school grounds, including on school buses or at school-sponsored functions, and, as appropriate, conduct away from school grounds, in accordance with N.J.A.C. 6A:16-7.1.
"Do Not Resuscitate order" or "DNR order" means a written directive signed by the parent or guardian of a student who, after consultation with the pediatrician and other advisors, declines emergency administration of cardiopulmonary resuscitation (CPR) and AED to the student.
"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or remotely activating paging device.
"Evaluation" means procedures used by a certified or licensed professional to make a positive determination of a student's need for programs and services that extend beyond the general school program by virtue of learning, behavior, or health difficulties of the student or the student's family.
"Expulsion" means the discontinuance of educational services or the discontinuance of payment of educational services for a student.
"Firearms" means items enumerated in N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921.
"General education" means the educational programs and services provided to students other than students determined to be eligible for special education and related services pursuant to N.J.A.C. 6A:14-3.5 and 3.6.
"Guided-learning experiences" mean structured learning tasks that are assigned to the student to perform without the teacher being present, aligned to the school district curriculum and New Jersey Student Learning, and designed to help the student to learn new or reinforce prior knowledge, practice skills, integrate knowledge and skills, or demonstrate mastery.
"Harassment, intimidation, or bullying" means any gesture, any written, verbal, or physical act, or any electronic communication, whether it be a single incident or a series of incidents, in accordance with N.J.S.A. 18A:37-14, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical, or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds as provided for at N.J.S.A. 18A:37-14 and 15.3, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property or placing a student in reasonable fear of physical or emotional harm to a student's person or damage to a student's property; has the effect of insulting or demeaning any student or group of students; or creates a hostile educational environment for a student by interfering with the student's education or by severely or pervasively causing physical or emotional harm to the student.
"Home instruction" means the provision of one-to-one, small-group, or online instruction in the student's place of residence or other appropriate setting due to a health condition, need for treatment, court order, or exclusion from general education for conduct or safety reasons.
"Individualized emergency healthcare plan" means a plan written by the certified school nurse that specifies the delivery of healthcare accommodations and services needed by a student in the event of an emergency.
"Individualized Program Plan" (IPP) means a written plan developed for a general education student who has been assigned by the district board of education to home instruction, an alternative education program or who is being provided other educational services either in or out of school that are comparable to those provided in the public schools for students of similar grades and attainments, pursuant to N.J.S.A. 18A:38-25. The IPP sets forth the student's present level of performance, measurable goals and short-term objectives or benchmarks that encompass behavioral and social competency as well as curriculum, and individually designed instructional activities to achieve the goals and objectives.
"Informal hearing" means a discussion between a school administrator and a student regarding the student's alleged misconduct, pursuant to N.J.A.C. 6A:16-7.2, Short-term suspensions, in which the student is informed of the student's alleged violation of the district board of education's code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, Code of student conduct, and the basis for the accusation. During the informal hearing, the student is given the opportunity to explain the student's version of the facts and events regarding the alleged violation.
"Long-term suspension" means removal of a student for more than 10 consecutive school days from the general education program, or the special education program when the appropriate procedures set forth in N.J.A.C. 6A:14-2.8 have been followed, but not the cessation of the student's educational services.
"Medical home" means a health care provider, including NJ FamilyCare providers as defined by N.J.S.A. 30:4J-12 and the provider's practice site chosen by the student's parent or guardian for the provision of health care.
"Medical staff" means employees of the district board of education serving as school physician, certified school nurse, noncertified nurse, advanced practice nurse, registered nurse, or licensed practical nurse.
"Medication" means a drug approved by the Federal Food and Drug Administration for preventing, caring for, and assisting in the cure of disease and injury that has a written order from a physician licensed in medicine, dentistry or osteopathy, or from an advanced practice nurse. Medication does not include herbal remedies.
"Multi-Tiered System of Supports" or "MTSS" means a framework used by school-based teams for prevention, intervention, and enrichment. Student data are used to inform the provision of appropriate instruction, support, and interventions based on a continuum of student needs in academics and behavior. With MTSS, student supports are typically provided through three tiers, with tier one consisting of core programs and practices provided to all students; tier two consisting of group-based interventions; and tier three consisting of intensive, individualized interventions. MTSS models typically include the following three components: utilization of universal screening to evaluate needs; implementation of diagnostic and progress monitoring assessments to identify students' improvement or ongoing needs; and use of regular data-based decision making to inform ongoing planning for each tier of support.
"NJ FamilyCare" means the Federal- and State-funded health insurance program created to help qualified New Jersey residents of any age access affordable health insurance.
"Noncertified nurse" means a person who holds a current license as a professional nurse from the State Board of Nursing and is employed by a district board of education or nonpublic school, and who is not certified as a school nurse by the Department of Education.
"Nursing services plan" means a plan that describes in detail the nursing services to be provided throughout the school district based on the needs of its students, potential emergency situations, basic nursing services requirements, and the assignment of medical staff to provide the services.
"Parent" means the natural parent(s), adoptive parent(s), legal guardian(s), resource family parent(s), or surrogate parent(s) of a student. When parents are separated or divorced, "parent" means the person or agency who has legal custody of the student, as well as the natural or adoptive parent(s) of the student, provided parental rights have not been terminated by a court of appropriate jurisdiction.
"Physical examination" means the examination of the body by a professional licensed to practice medicine or osteopathy, or by an advanced practice nurse, or physician assistant. The term includes specific procedures required by statute as stated in N.J.A.C. 6A:16-2.2.
"Physician assistant" means a health care professional licensed to practice medicine with physician supervision.
"Referral for evaluation" means programs and services suggested to a student or the student's family to make a positive determination regarding a student's need for services that extend beyond the general school program.
"Referral for treatment" means programs and services suggested to a student or to the student's family:
1. To help implement the recommendations resulting from an evaluation pursuant to N.J.A.C. 6A:16-1.3 and 4.1(c)5 and 6;
2. In response to a positive alcohol or other drug test result pursuant to N.J.A.C. 6A:16-4.4; or
3. In response to the family's request for assistance with a learning, behavior, or health difficulty, pursuant to N.J.A.C. 6A:16-4.1(c)7 and 8.
"Response to Intervention" or "RTI" means a framework for intervention and prevention that focuses on collecting data to identify students' instructional and behavioral needs, providing appropriate interventions (typically within a multi-tiered system of support), and monitoring progress over time to make ongoing adjustments to student supports/services.
"School grounds" means and includes land, portions of land, structures, buildings, and vehicles, when used for the provision of academic or extracurricular programs sponsored by the school district or community provider. School grounds also includes school buses, school-sponsored functions, structures that support the buildings, such as school district wastewater treatment facilities; generating facilities; and other central service facilities including, but not limited to, kitchens and maintenance shops. School grounds also includes other facilities as defined in N.J.A.C. 6A:26-1.2, playgrounds, and recreational places owned by municipalities, private entities or other individuals during times when the school district has exclusive use of a portion of the land.
"School safety/school climate team" means the designated individuals collectively responsible in each school to develop, foster, and maintain a positive school environment by focusing on the ongoing systemic process and practices in the school and to address school climate issues.
"School-sponsored function" means any activity, event or program occurring on or off school grounds, whether during or outside of regular school hours, that is organized and/or supported by the school.
"Short-term suspension" means removal of a student for one but not more than 10 consecutive school days from the general education program or the special education program, in accordance with N.J.A.C. 6A:14-2.8, but not the cessation of the student's educational services.
"Standing orders" means directives and protocols written by the school physician to carry out medical procedures for all students and staff.
"Student health record" means documented information relevant to the health of the student to manage the routine and emergency care of the student while school is in session.
"Student Safety Data System" or "SSDS" means the electronic system, or other similar system developed by the Department, used to collect information from school districts to fulfill the requirements of N.J.S.A. 18A:17-46 and 48, as amended by P.L. 2010, c. 122.
"Student with a disability" means a student who has been determined to be eligible for special education and related services according to N.J.A.C. 6A:14-3.5 or 3.6. In Subchapters 4 and 5 and N.J.A.C. 6A:16-7.2, 7.3, and 7.4, "student with a disability" includes students identified as possibly having a disability pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400. et seq., and 34 C.F.R. § 300.534.
"Substitute school nurse" means a person who holds a current license from the State Board of Nursing as a registered professional nurse and who has been issued a certificate to serve as a substitute for a certified school nurse in accordance with N.J.A.C. 6A:9B-7.6(a).
"Truancy" means 10 or more cumulative unexcused student absences, as determined by the district board of education pursuant to N.J.A.C. 6A:16-7.6(a)3 and the definition of a school day, pursuant to N.J.A.C. 6A:32-8.3.
"Universal precautions" means a set of procedures designed to prevent transmission of human immunodeficiency virus (HIV), hepatitis B virus, and other bloodborne pathogens.
"Weapon" means items enumerated in N.J.S.A. 2C:39-1(r), except a firearm as defined by N.J.S.A. 2C:39-1(f)
"Written order" means a directive and protocol written by the student's medical home to address a healthcare need or provide a medical service for a specific student.
N.J. Admin. Code § 6A:16-1.3
See: 33 N.J.R. 1253(a), 33 N.J.R. 3032(b).
In "School complex", substituted "one building or a group of" for "two or more" preceding "buildings identified".
Amended by R.2002 d.396, effective 12/16/2002.
See: 34 N.J.R. 3157(a), 34 N.J.R. 4433(a).
Added "School grounds".
Amended by R.2003 d.175, effective 5/5/2003.
See: 34 N.J.R. 4336(a), 35 N.J.R. 1893(a).
Rewrote "School grounds".
Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Added the definitions "Code of student conduct", "Commissioner", "Expulsion", "General education", "Harassment, intimidation or bullying", "Long-term suspension", "Short-term suspension", and "Truancy"; rewrote definitions "Individual Program Plan", and "Suspension"; amended N.J.A.C. cite in "Alternative education program," and "Substitute school nurse;" amended "School grounds:"; deleted "Removal."
Administrative correction.
See: 38 N.J.R. 2797(a).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Deleted definition "AIDS"; rewrote definitions "Alternative education program", "Certified school nurse", "Home instruction", "School Complex" and "Standing orders"; added definitions "Asthma Action Plan", "Case management", "Guided learning experiences", "HIV", "Individualized emergency healthcare plan", "Individualized healthcare plan", "Informal hearing", "Nursing Services Plan", "School-sponsored function", "Student health record" and "Written order"; substituted definition "Automated external defibrillator" for definition "Automatic external defibrillator"; in definition "Do Not Resuscitate order", substituted "automated" for "automatic"; in definitions "Long-term suspension" and "Short-term suspension", inserted "consecutive"; in definition "Medical staff", substituted "school nurse, noncertified nurse" for "or noncertified school nurse"; substituted definition "Noncertified nurse" for definition "Noncertified school nurse"; in definitions "Parent surrogate(s)" and "Truancy", updated N.J.A.C. references; and in definition "Physical examination", deleted ", except N.J.A.C. 6A:16-2.2(g)" from the end.
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
Added definitions "Abused children" and "Intern"; and substituted definition "Firearms" for definition "Firearm".
Amended by R.2007 d.383, effective 12/17/2007.
See: 39 N.J.R. 2579(a), 39 N.J.R. 5218(a).
Added definition "Random selection"; and rewrote definition "Referral for treatment".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
Added definitions "Automated external defibrillator (AED)", "NJ FamilyCare", and "Physician assistant"; in definition "Code of student conduct", updated the N.J.A.C. reference; in definition "Do Not Resuscitate order" substituted "AED" for "automated external defibrillator (AED)"; in definition "Harassment, intimidation, or bullying" inserted ", as set forth in N.J.S.A. 18A:37-14,", and deleted "in accordance with N.J.S.A. 18A:37-14" following "incidents,"; in definition "Physical examination" inserted ", or physician assistant"; and in definition "Referral for treatment", in 1, deleted a comma following "evaluation" and deleted "or" from the end, in 2, deleted a comma following "result", and in 3, deleted a comma following "difficulty".
Administrative change.
See: 48 N.J.R. 1802(a).
Amended by R.2017 d.215, effective 1/2/2018 (operative July 1, 2018).
See: 48 N.J.R. 1743(a), 50 N.J.R. 155(b).
Added definitions "Electronic Violence and Vandalism Reporting System" and "School safety/school climate team".
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
Rewrote the section.