Frequently Asked Questions on Student Services
Administration of Medication in Schools
Q. Who is permitted to administer medications to students?
A. Only the following individuals are authorized to administer medication to pupils in schools:
Q. How should medications be administered on a field trip?
A. Students who have been classified as eligible for special education or who have a 504 plan that includes medications cannot be denied access to educational opportunities based on their need for medication during the school day. It is recommended that children who require accommodations because they are on medication should have a 504 plan. The school must make every effort to provide reasonable accommodations for these students. Possible options include:
For more information on 504 Plans click on http://www.ed.gov/about/offices/list/ocr/504faq.html.
HIV Policy and Practice in New Jersey Public Schools
Q. Who needs to know that a student or employee has HIV infection?
A. There is no need for anyone at school to know the HIV status of pupils or employees. What everyone does need to understand is that the blood of any student or employee could potentially be infected with a bloodborne pathogen such as HIV or Hepatitis B and that under normal conditions in regular educational programs, use of universal precautions is sufficient to protect against transmission of bloodborne diseases. Schools are required to help school staff understand and maintain this minimal risk through at least annual inservice training of staff in HIV facts and fallacies and school procedures and through ready access to the necessary protective equipment. Additional instruction of students in universal precautions and first aid procedures assists school staff in implementing this policy.
Pupils, their parents or guardians, and employees are not obligated to inform school personnel regarding their HIV status and cannot be required to do so in accordance with state regulation and statute. School staff with knowledge of the HIV status of others in the school is not at liberty to share that information with others without specific written consent.
Q. How do records related to the HIV status of students relate to other records maintained by the school?
A. While not required to do so, some parents or pupils may share HIV status information in order to obtain health care or educational support. Records and information regarding the HIV status of a pupil may be shared only with the written consent of the pupil’s parent or guardian and only with those who need to know in order to determine the educational program for the pupil. Good practice calls for a consent form that specifies the individuals to be informed by name and by title. HIV status may not be required as part of a school’s health screening requirements, since it is an exception to records required by the state as part of student and employee physical examinations.
The standards for maintaining confidentiality of records which identify the HIV status of an individual are established in N.J.S.A. 26:5C, and exceed those established for district pupil records or health records. Therefore, any such record should be maintained separately from educational or health records and be released only with written consent or under conditions allowed in the statute. Identifying records could include the written consent form, referral letters from health-care providers, child study team evaluations, or medication records. Should the identified pupil transfer to another school, the HIV identifying records should not be transferred automatically with other health records. Rather, a plan and written consent for transfer should be established with the pupil and parent.
Requirements for Entry Into School
Q. What kind of medical examinations are required of students attending public schools?
A. Students attending public schools are required to show evidence of an examination upon entry into school and for the purpose of participating on an intramural or interscholastic athletic team. Additionally, students seeking working papers are required to obtain a statement of medical fitness. For more information regarding student medical examinations, go to: http://www.state.nj.us/education/parents/medQ&A.htm
Q. Is my child required to be immunized before entering school?
A. There are immunization requirements for entry into school. An immunization guidance chart summarizes all requirements is available at the New Jersey Department of Health and Senior Services Website at : http://www.nj.gov/health/forms/imm-7.pdf
Freqently Asked Questions on Education Progarms
State Facilities Education Act (SFEA)
Q. Who provides programs to pupils in state facilities?
A. The New Jersey Department of Corrections (DOC), the New Jersey Department of Human Services (DHS) the New Jersey Department of Children and Families (DCF) and the Juvenile Justice Commission (JJC) in the New Jersey Department of Law and Public Safety operate educational programs in state facilities in accordance with N.J.S.A. 18A:7B-1, the State Facilities Education Act (SFEA). Each of these agencies provides educational programs for pupils with educational disabilities, as well as those who are not disabled.
Educational programs in these state entities are funded through state aid from identified districts based on an October 15 pupils count. In general, the DOC serves a school-age pupil population between the ages of 18 and 21, and the JJC serves a population from 12 to 17 years of age. The DHS serves the largest proportion of SFEA-eligible pupils with educational disabilities with an age range spanning three to 21 years. Enactment of the Comprehensive Educational Improvement and Financing Act (CEIFA) expanded the SFEA to provide 50 percent of the approved per-pupil cost for children confined to county detention centers with the other 50 percent provided by county governments. This initiative is coordinated through the JJC’s Office of Education.
Q. What is an alternative education?
A. An alternative education program is a comprehensive educational program delivered in a non-traditional learning environment that is distinct and separate from the existing general or special education program. The alternative education program shall fulfill the program criteria pursuant to N.J.A.C. 6A:16-9.2 and be approved by the district board of education, pursuant to N.J.A.C. 6A:16-9,1(a), or by the Commissioner of Education pursuant to N.J.A.C. 6A:16-9.1(b), for the purpose of addressing the individual learning, behavior and health needs of students determined by the school district to be at risk of school failure 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.
Q. How do alternative education programs get approved?
A. School district operated programs must be approved by the local board of education. A state agency, public operated program or department-approved school, not operated by a school district, interested in operating an alternative education program must apply directly to the NJDOE.
Q. How do I find additional information regarding nonpublic school services for my school or child?
A. If you have a question regarding nonpublic school services, please email nonpublicschoolservices@doe.state.nj.us or call (609) 292-6591.
Q. What are the homeschooling requirements in New Jersey?
A. The compulsory education law (N.J.S.A. 18A: 38-25) permits children to receive “equivalent instruction elsewhere than at school” which includes the home; however, the New Jersey Department of Education does not regulate such instruction. Additional homeschooling “Frequently Asked Questions” can be found at http://www.state.nj.us/education/genfo/overview/faq_homeschool.htm
Q. Where can I find information regarding school climate including character education or social-emotional learning?
A. The New Jersey Department of Education provides a variety of resources in the area of school climate. For information regarding the federal Partnerships for Character Education grant, go to www.rucharacter.org. For information regarding the Developing Safe and Civil Schools: A Coordinated Approach for Social-Emotional and Character Development go to www.teachSECD.com. For information regarding the Title IV-A and Unsafe School Choice Option Training and Technical Assistance Project go to http://sdfsc.rutgers.edu.
Frequently Asked Questions on School Safety and Violence
Q. What standards for discipline are in place regarding weapons possession and violence in schools?
A. N.J.S.A. 18A:37-9 through 12 and N.J.A.C. 6A:16-5.5 requires that students who are convicted or adjudicated delinquent for possession of a firearm or who are found to be in possession of a firearm on school property must be immediately removed from the general education program and provided with an alternative program, pending a hearing before the board of education. N.J.S.A. 18A:37-2.2 through 2.5 and N.J.A.C. 6A:16-5.6 require that students who commit assaults upon members of the school community with a weapon other than a firearm must be immediately removed from the school's general education program and provided with an alternative program, pending a hearing before the board of education. In addition, the Department of Education has established regulations on student conduct (N.J.A.C. 6A:16-7) that provide requirements for codes of student conduct, short-and long-term suspensions and student’s due process procedural and educational rights, expulsions, conduct away from school grounds, attendance (including trancy) harassment, intimidation and bullying and student records and confidentiality.
Q. What strategies are in effect regarding the identification of students with problems that could lead to disruption and violence?
A. The Intervention and Referral Services regulations (N.J.A.C. 6A:16-8) require district boards of education to establish and implement a coordinated system in each school building in which general education students are served, for the planning and delivery of intervention and referral services that are designed to assist students who are experiencing learning, behavior or health difficulties and to assist staff who have difficulties in addressing students’ learning behavior or health needs.
Q. How can the public see data on violence and vandalism in a particular district or school?
A. The public will find data summarized by district and school (including incident definitions), as well as the Commissioner’s Annual Report to the Legislature, at http://www.state.nj.us/education/schools/vandv/index.html.
Q. What options do students have if they become victims of violent criminal offenses?
A. Information on options for student victims of violent criminal offenses may be found in the Unsafe School Choice Option (USCO) Policy at http://www.state.nj.us/education/grants/nclb/policy/unsafe.htm. Additional information can be found in the document titled USCO Policy Provisions I and II Questions and Answers, which can be found at http://www.nj.gov/education/grants/nclb/policy/unsafeqa.htm.
Frequently Asked Questions on Student Conduct
Q. Where can I find more information on school requirements for addressing harassment, intimidation and bullying?
A. Information on school requirements for harassment, intimidation and bullying can be found in the regulations in subchapter 7.9 of Chapter 16, Programs to Support Student Development at http://www.state.nj.us/education/code/current/. Guidance for schools to address these requirements can be found in the document titled Model Policy and Guidance for Prohibiting Harassment, Intimidation and Bullying on School Property, at School-Sponsored Functions and on School Buses at http://www.nj.gov/education/students/safety/schools/policy.shtml.
Q. Where can I find school requirements for preventing and intervening with student conduct problems?
A. The requirements for student conduct, including codes of student conduct, short- and long-term suspensions, expulsions and attendance, can be found in the regulations in Subchapter 7, Student Conduct of Chapter 16, Programs to Support Student Development at http://www.state.nj.us/education/code/current/.
Q.What strategies are in effect for schools to identify and intervene with general education students who have behavior, learning or health problems?
A. Each district board of education is required to establish and implement a coordinated system in each school building in which general education students are served for the planning and delivery of intervention and referral services (I&RS) that are designed to assist students who are experiencing learning, behavior or health difficulties and to assist staff who have difficulties in addressing students’ learning, behavior or health needs. The I&RS regulations can be found in subchapter 8 of Chapter 16, Programs to Support Student Development at http://www.state.nj.us/education/code/current/. Guidance for the I&RS teams can be found in the publication titled Resource Manual for Intervention and Referral Services at http://www.state.nj.us/education/students/irs/.
