New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 32 - SCHOOL DISTRICT OPERATIONS › Subchapter 2 - DEFINITIONS › Section 6A:32-2.1 - 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:
"Access" means the right to view, make notes, and/or
				  reproduce a student record.
"Adult student" means a person who is at least 18 years of
				  age or is an emancipated minor.
"Advanced course" means any course or subject not previously
				  taken in an approved school district program for which additional credits or
				  advanced placement may be awarded upon successful completion of the
				  course.
"Board of school estimate" means a group of individuals who
				  are appointed in accordance with
				  N.J.S.A.
				  18A:22-1 and 2 and are responsible for
				  annually preparing a budget for Type I school districts pursuant to
				  N.J.S.A.
				  18A:22-7.
"Chief school administrator" means the superintendent of
				  schools or the administrative principal if there is no superintendent. At
				  N.J.A.C. 6A:32-7, 8, and 13, "chief school administrator" includes charter
				  school and renaissance school project lead persons.
"Days in membership" means the number of school days in
				  session in which a student is enrolled. A student's membership begins on the
				  first possible day of attendance following enrollment during the school year,
				  notwithstanding the actual day the student was recorded as present for the
				  first time.
"Elementary" means kindergarten, grades one through six and
				  grades seven and eight without departmental instruction.
"Endorsement" means as defined in
				  N.J.A.C.
				  6A:9-2.1.
"Enrichment course" means any course or subject of a
				  vocational nature for which no credits are awarded.
"Executive county superintendent" means a person appointed
				  to serve as executive county superintendent of schools pursuant to
				  N.J.S.A.
				  18A:7-1 et seq.
"Health history" means the record of a person's past health
				  events obtained in writing, completed by the individual or the individual's
				  physician.
"Health screening" means the use of one or more diagnostic
				  tools to test a person for the presence or precursors of a particular
				  disease.
"Mandated student records" means student records that school
				  districts compile pursuant to State statute, regulation, or authorized
				  administrative directive.
"Paraprofessional" means a school or classroom aide who
				  assists appropriately certified personnel with the supervision of student
				  activities.
"Parent" means the natural or adoptive parent, legal
				  guardian, surrogate parent appointed pursuant to
				  N.J.A.C.
				  6A:14-2.2, or a person acting in the place of
				  a parent (such as a grandparent or stepparent with whom the student lives or a
				  person legally responsible for the student's welfare). Unless parental rights
				  have been terminated by a court of appropriate jurisdiction, the parent retains
				  all rights pursuant to this chapter. In addition, a resource family parent may
				  act as a parent pursuant to this chapter if the parent's authority to make
				  education decisions on the student's behalf has been terminated by a court of
				  appropriate jurisdiction.
"Permitted student records" means records that a district
				  board of education has authorized, by resolution adopted at a regular public
				  meeting, to be collected to promote the educational welfare of students.
"Personally identifiable information" means, but is not
				  limited to:
1. The student's name;
2. The name of the student's parent(s) or other family
				  members;
3. The address of the student or the student's family;
4. The email address of the student, the student's parent(s),
				  or other family members;
5. The telephone number of the student, the student's
				  parent(s), or other family members;
6. A personal identifier, such as the student's Social
				  Security number, student number, or biometric record;
7. A photo of the student;
8. The location and times of class trips;
9. Other indirect identifiers, such as the student's date of
				  birth, place of birth, and mother's maiden name;
10. Other information that, alone or in combination, is
				  linked or linkable to a specific student that would allow a reasonable person
				  in the school community who does not have personal knowledge of the relevant
				  circumstances to identify the student with reasonable certainty; or
11. Information requested by a person who the district board
				  of education, or private agency that provides educational services by means of
				  public funds, reasonably believes knows the identity of the student to whom the
				  student record relates.
"Physical examination" means the assessment of an
				  individual's health, in accordance with the requirements at
				  N.J.A.C.
				  6A:16-2.2.
"Remedial course" means any course or subject that is a
				  review of a course or subject previously taken and for which credits or
				  placement may be awarded upon successful completion of the course.
"Remote instruction" means the provision of instruction
				  occurring when the student and the instructor are in different locations due to
				  the closure of the facility(ies) of the district board of education, charter
				  school, renaissance school project, or approved private school for students
				  with disabilities. The closure of the facility(ies) shall be pursuant to
				  N.J.S.A.
				  18A:7F-9 or
				  18A:46-21.1
				  and for more than three consecutive school days due to a declared state of
				  emergency, a declared public health emergency, or a directive by the
				  appropriate health agency or officer to institute a public health-related
				  closure.
"School contact directory for official use" means a
				  compilation by a district board of education that includes the following
				  information for each student: name, address, telephone number, date of birth
				  and school of enrollment. The directory may be provided for official use only
				  to judicial, law enforcement, and medical personnel.
"Secondary" means grades nine through 12 in all high
				  schools; grades seven and eight in junior high schools; grades seven, eight,
				  and nine in middle schools; and grades seven and eight in elementary schools
				  having departmental instruction.
"Statement of assurance" means a document that verifies
				  compliance with regulatory requirements and is submitted to the executive
				  county superintendent by the chief school administrator.
"Student discipline record" means information regarding all
				  disciplinary actions taken against a student by a school district pursuant to
				  N.J.S.A.
				  18A:36-25.1.b and that is maintained in a
				  student's record.
"Student information directory" means a publication of a
				  district board of education that includes the following information relating to
				  a student. It shall be used only by authorized school district personnel and
				  for designated official use by judicial, law enforcement, and medical personnel
				  and not for general public consumption.
1. Name;
2. Grade level;
3. Date and place of birth;
4. Dates of school attendance;
5. Major field of study;
6. Participation in officially recognized activities;
7. Weight and height relating to athletic team
				  membership;
8. Degrees;
9. Awards;
10. The most recent educational agency attended by the
				  student; and
11. Other similar information.
"Student record" means information related to an individual
				  student gathered within or outside the school district and maintained within
				  the school district, regardless of the physical form in which it is maintained.
				  Essential in this definition is the idea that any information that is
				  maintained for the purpose of second-party review is considered a student
				  record. Therefore, information recorded by certified school personnel solely as
				  a memory aid and not for the use of a second party is excluded from this
				  definition. In the absence of any "information related to an individual
				  student," the document(s) no longer meets the definition of "student record."
"Supervisor" means any appropriately certified individual
				  assigned with the responsibility for the direction and guidance of the work of
				  teaching staff members.
"Teaching staff member" means as defined at
				  N.J.S.A. 18A:1-1.
"Virtual instruction" means the provision of active
				  instruction when the student and the instructor are in different locations and
				  instruction is facilitated through the internet and computer technologies due
				  the closure of the facility(ies) of the district board of education, charter
				  school, renaissance school project, or approved private school for students
				  with disabilities. The closure of the facility(ies) shall be pursuant to
				  N.J.S.A.
				  18A:7F-9 or
				  18A:46-21.1
				  and for more than three consecutive school days due to a declared state of
				  emergency, a declared public health emergency, or a directive by the
				  appropriate health agency or officer to institute a public health-related
				  closure.