Frequently Asked Questions Of The Office Of Educational Support Services And Interagency Initiatives

Administration of Medication in Schools

A. Only the following individuals are authorized to administer medication to pupils in schools:

• School staff holding a current medical or nursing license (e.g., the school physician or school nurse);
• A substitute school nurse employed by the district;
• The pupil’s parent or guardian;
• A pupil approved to self-administer per N.J.S.A. 18A:40-12.3; and
• A school staff designated and trained to administer epinephrine using an auto-injector per N.J.S.A. 18A:40-12.5 and 12.6.

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:

• Send a school nurse on the trip;
• Hire a school nurse substitute to go on the trip;
• Ask the parent or guardian to go on the trip;
• Confer with the parent and the child’s health-care provider to alter the time, dosage, route or kind of medication on the day of the trip and obtain a written order for the change; or
• Confer with the parent and the health-care provider to eliminate the medication on the day of the trip and obtain a written order from the health-care provider for the change.

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.

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.

A. The New Jersey Department of Corrections (DOC), the New Jersey Department of Human Services (DHS) 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 school programs for pupils with educational disabilities, as well as those who are not disabled.

Educational programs in the three 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 and began in FY 1999.

Alternative Education

A. Alternative education, as defined by the Department of Education, offers non-traditional, yet effective, learning environments that provide flexible educational objectives closely related to the learning styles and the individual needs of students. This learning opportunity is designed to meet the special needs, interests and aspirations of at-risk youth that may be disruptive and/or disaffected with the traditional academic environment. At the same time, this academic setting also addresses the areas of the Core Curriculum Content Standards (CCCS). Students enrolled in alternative education programs must satisfy graduation requirements, in order to receive a state-endorsed high school diploma. Alternative education schools are small, carefully staffed and provide intense, comprehensive and individualized services to students and their families. They may also incorporate site-based management approaches, cooperative learning strategies, and shared decision-making into the program structure. In addition, alternative education schools provide a caring and supportive long-term environment where rules and regulations are clearly defined and fairly and consistently enforced.

A. School districts should contact their county offices to obtain specific information about the alternative education approval process.

Q. What standards for discipline are in place regarding weapons possession and violence in schools?

A. Chapter 127 of 1995 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. Chapter 128 of 1995 requires 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 publication titled Student Codes of Conduct: A Guide to Policy Review and Code Development provides schools with a resource for reviewing and developing local codes of conduct. The publication includes a recommendation that student sanctions should be graded according to the severity of the offense.

Q. What strategies are in effect regarding the identification of students with problems that could lead to disruption and violence?

A. Pursuant to the Intervention and Referral Services for General Education Pupils code (N.J.A.C. 6:26), local boards of education are required to establish and implement procedures in each school building for the delivery of intervention and referral services for students who are experiencing difficulties in their classes and who have not been determined to be in need of special education. In addition, the Governor and the Commissioner of Education have published a flyer entitled Community Approach to Safe Schools, which sets forth suggested strategies for community members to assist in preventing and intervening with student problems.

Health and Social Services

Q. Are Health and Social Services Coordinators required in Abbott School Districts?

A. Yes, each secondary school in each Abbott district is required to employ a full-time health social services coordinator, whose sole purpose is to fulfill the intent of the Abbott regulations.

Q & A on State Medical Examinations