N.J. Admin. Code § 6A:16-2.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:16-2.5 - School health services to nonpublic schools

(a) The district board of education having nonpublic schools within school district boundaries shall provide nursing services to students enrolled in a nonpublic school, pursuant to N.J.S.A. 18A:40-23 et seq., as follows:

1. The school district shall provide services to students who are enrolled full-time;

2. Services shall be made available only to students of a nonpublic school that provided to the district board of education a report of the type and number of services provided during the previous school year;

3. The provision of nursing services shall include:

i. Assistance with medical examinations including dental screening;

ii. Screening of hearing;

iii. Maintenance of student health records and notification of local or county health officials of any student who has not been properly immunized, pursuant to N.J.A.C. 8:57-4.1 through 4.20; and

iv. Scoliosis examinations of students between the ages of 10 and 18; and

4. The district board of education shall make every attempt to provide nursing services for students in nonpublic schools beginning at the start of the school year and continuing throughout the school year.

(b) The district board of education in which the nonpublic school is located shall adopt written policies and procedures for the extension of emergency care provided to public school students to full-time nonpublic school students who are injured or become ill at school or during participation on a school team or squad pursuant to N.J.A.C. 6A:16-2.1(a)4. The district board of education may include in its adopted written policies and procedures the provision of nursing services to preschool students enrolled in nonpublic schools in the event of an emergency, pursuant to N.J.S.A. 18A:40-27.1.

(c) The district board of education having nonpublic schools within school district boundaries may provide to nonpublic students additional medical services pursuant to N.J.S.A. 18A:40-26.a, including necessary equipment, materials, and services for immunizing from diseases students who are enrolled full-time in the nonpublic school pursuant to N.J.S.A. 18A:40-26.b and as required by N.J.A.C. 8:57-4.

1. Equipment comparable to that used in the school district may be loaned without charge to the nonpublic school for the purpose of providing services under this section. However, such equipment shall remain the property of the district board of education.

2. Costs of supplies comparable to that used in the school district and transportation may be charged to the funds allocated for each participating nonpublic school provided the costs are directly related to the required basic nursing services and the permitted additional medical services.

(d) Nursing services funded by the district board of education pursuant to N.J.S.A. 18A:40-23 et seq. shall be provided by a registered nurse licensed by the New Jersey State Board of Nursing who is an employee of the school district or a third-party contractor or is an independent contractor.

(e) A district board of education either shall employ a qualified independent contractor to provide nursing services or shall contract, pursuant to N.J.S.A. 18A:40-28, with other district boards of education or with a public or private agency approved by the Commissioner to provide nursing services, pursuant to N.J.A.C. 6A:14-5.2. Prior to any change in the provision of nursing services, the district board of education shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents, pursuant to N.J.S.A. 18A:40-28.

(f) The nursing services provided to nonpublic school students shall not include instructional services.

(g) A nonpublic school may decline nursing services required or permitted under this subchapter by submitting to the district board of education notification signed by the chief school administrator of the nonpublic school pursuant to N.J.S.A. 18A:40-29 and still may request additional services pursuant to (c) above.

(h) A student who is enrolled in a nonpublic school and whose parent objects to the student receiving any service provided under this subchapter shall not be compelled to receive the service except for a physical or medical examination to determine whether the student is ill or infected with a communicable disease pursuant to N.J.S.A. 18A:40-30.

(i) The district board of education shall provide health services based upon the following:

1. The funding for services shall be based upon the nonpublic school enrollment on the last school day prior to October 16 of the preceding school year;

2. The funding for services shall be based on a report provided to the Department by the school district or nonpublic school that includes the nonpublic school enrollment on the last school day prior to October 16 of the preceding school year; and

3. The funds expended by the district board of education for administrative costs shall be limited to the actual costs or six percent of the funds allocated annually for each participating nonpublic school, whichever is less. Administrative costs shall include, but not be limited to, the costs related to the school district's annual consultation, bidding, program and contract management, and oversight and quality control.

(j) The chief school administrator, or designee, of the school district in which a nonpublic school is located shall confer annually with the administrator of the nonpublic school for the following purposes:

1. To advise the nonpublic school of the amount of funds allocated to it by the Department for the provision of health services for full-time students enrolled in the nonpublic school;

2. To agree on the basic health services that shall be provided and the additional medical services, equipment, or supplies that may be provided as set forth in N.J.S.A. 18A:40-23 et seq.;

3. To discuss the criteria to be used in the school district's selection of a nursing service provider for the nonpublic school;

4. To ascertain the level of satisfaction of the nonpublic school with the current nursing service provider;

5. If the chief school administrator or designee and the nonpublic school administrator cannot reach agreement regarding the health services and additional medical services to be provided, the county office of education shall provide assistance;

6. To assure that a description of the provision of nursing services is reflected in the school district's nursing services plan; and

7. To ensure nonpublic school students in the school district who are knowingly without medical coverage have access to the NJ FamilyCare program and to make accessible information regarding the program to the students, pursuant to N.J.S.A. 18A:40-34.

(k) For the purposes of monitoring and recordkeeping, the district board of education providing health services to nonpublic schools shall submit to the executive county superintendent on or before October 1 annually the following information and shall provide a copy to the chief school administrator of each nonpublic school within school district boundaries:

1. A written statement verifying that the required conference was held with the nonpublic school;

2. A copy of the contract with an independent contractor or agency to provide services, if applicable, and approved minutes of the district board of education meeting approving the contract that describes the methods by which the health services will be provided to nonpublic school students for the ensuing year, including a rationale for the distribution of funds; and

3. A description of the type and number of services that were provided during the previous school year on a Commissioner-approved form.

N.J. Admin. Code § 6A:16-2.5

New Rule, R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
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.
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
Rewrote the section.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In the introductory paragraph of (j), inserted a comma following "administrator" and "designee", and deleted "his or her" preceding "designee".