New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 6A:16-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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.