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Overview. Subchapter 1:ScopeDefinitions. Safe Schools Module. N.J.A.C. 6A:16. School Safety
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1. 2007 Spring Regional TrainingN.J.A.C. 6A:16 Presented by the Office of Educational Support Services
2. Overview Subchapter 1:
Scope
Definitions
3. Safe Schools Module
N.J.A.C. 6A:16
4. School Safety & Security N.J.A.C. 6A:16-5 Anthony Bland
Coordinator
School Security Unit
Office of
Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
5. PURPOSE Provide requirements for the development and implementation of comprehensive plans, procedures and mechanisms that provide for school safety and security
6. Amendments/New Rules Expanded the scope from safety and emergency and crisis management to safety and security
Expanded the purposes for safety and security plans
Moved the code of student conduct section to Subchapter 7
Added provisions consistent with N.J.S.A. 18A:36-5.1 and 17-46
Clarified requirements for firearms and assaults offenses
7. School Safety & Security Plans N.J.A.C. 6A:16-5.1
Policies, procedures & mechanisms requirement, including purposes 5.1(a)
Consultation requirement 5.1(b)
Consistent with the format and content established by the Domestic Security Preparedness Task Force & the Commissioner of Ed. 5.1(b)1
Annual review & update 5.1(b)2 School Safety Plans (P, P, &M)
(a) Each school district shall develop and implement comprehensive plans, procedures and mechanisms that provide for safety and security in the public elementary and secondary schools of the school district. The plans and procedures, which shall be in written form, and the mechanisms, at a minimum, shall provide for:
1. The protection of the health, safety, security and welfare of the school population;
2. The prevention of, intervention in, response to and recovery from emergency and crisis situations;
3. The establishment and maintenance of a climate of civility; and
4. Supportive services for staff, students and their families.
Take an ALL-HAZARDS approach when assessing risks and vulnerabilities
Every school needs a crisis plan that is tailored to its unique characteristics
Consultation
- CSA shall consult with law enforcement agencies, health and social services provider agencies, emergency management planners and school and other community resources, as appropriate, in the development of the school districts plans, procedures and mechanisms for school safety and security.
Reference Slide #5
Consistent
-The plans, procedures and mechanisms shall be consistent with the provisions of this section and the format and content established by the Domestic Security Preparedness Task Force, pursuant to N.J.S.A. App. A:9-64 et seq., and the Commissioner of Education.
Review
The plans, procedures and mechanisms shall be reviewed annually and updated, as appropriate.
- With key stakeholders and etc.School Safety Plans (P, P, &M)
(a) Each school district shall develop and implement comprehensive plans, procedures and mechanisms that provide for safety and security in the public elementary and secondary schools of the school district. The plans and procedures, which shall be in written form, and the mechanisms, at a minimum, shall provide for:
1. The protection of the health, safety, security and welfare of the school population;
2. The prevention of, intervention in, response to and recovery from emergency and crisis situations;
3. The establishment and maintenance of a climate of civility; and
4. Supportive services for staff, students and their families.
Take an ALL-HAZARDS approach when assessing risks and vulnerabilities
Every school needs a crisis plan that is tailored to its unique characteristics
Consultation
- CSA shall consult with law enforcement agencies, health and social services provider agencies, emergency management planners and school and other community resources, as appropriate, in the development of the school districts plans, procedures and mechanisms for school safety and security.
Reference Slide #5
Consistent
-The plans, procedures and mechanisms shall be consistent with the provisions of this section and the format and content established by the Domestic Security Preparedness Task Force, pursuant to N.J.S.A. App. A:9-64 et seq., and the Commissioner of Education.
Review
The plans, procedures and mechanisms shall be reviewed annually and updated, as appropriate.
- With key stakeholders and etc.
8. Consultation
These individuals should provide guidance on how your plan can address the four phases of crisis planning.
Mitigation/Prevention: Addresses what schools and districts can do to reduce or eliminate risk to life and property
Preparedness: Focuses on the process of planning for the worst case scenario
Response: Is devoted to the steps to take during a crisis
Recovery: Deals with how to restore the learning and teaching environment after a crisis
Good planning will facilitate a rapid, coordinated, effective response when a crisis occurs
District-Wide Planning Team
Building Based Response TeamConsultation
These individuals should provide guidance on how your plan can address the four phases of crisis planning.
Mitigation/Prevention: Addresses what schools and districts can do to reduce or eliminate risk to life and property
Preparedness: Focuses on the process of planning for the worst case scenario
Response: Is devoted to the steps to take during a crisis
Recovery: Deals with how to restore the learning and teaching environment after a crisis
Good planning will facilitate a rapid, coordinated, effective response when a crisis occurs
District-Wide Planning Team
Building Based Response Team
9. School Safety & Security Plans, cont. Dissemination 5.1(c)
Annual in-service training for all district employees 5.1(d)
Training for new employees 5.1(d)1 Dissemination
The district board of education shall disseminate a copy of the school safety and security plan to all district board of education employees.
1. New district board of education employees shall receive a copy of the school safety and security plan, as appropriate, within 60 days of the effective date of their employment.
2. All district board of education employees shall be briefed in writing, as appropriate, regarding updates and changes to the school safety and security plan.
Training
The district board of education shall develop and provide an in-service training program for all district board of education employees to enable them to recognize and appropriately respond to safety and security concerns, including emergencies and crises, consistent with the district board of educations plans, procedures and mechanisms for school safety and security and the provisions of this section.
1. New district board of education employees shall receive the in-service training within 60 days of the effective date of their employment.
2. The in-service training program for all district board of education employees shall be reviewed annually and updated.Dissemination
The district board of education shall disseminate a copy of the school safety and security plan to all district board of education employees.
1. New district board of education employees shall receive a copy of the school safety and security plan, as appropriate, within 60 days of the effective date of their employment.
2. All district board of education employees shall be briefed in writing, as appropriate, regarding updates and changes to the school safety and security plan.
Training
The district board of education shall develop and provide an in-service training program for all district board of education employees to enable them to recognize and appropriately respond to safety and security concerns, including emergencies and crises, consistent with the district board of educations plans, procedures and mechanisms for school safety and security and the provisions of this section.
1. New district board of education employees shall receive the in-service training within 60 days of the effective date of their employment.
2. The in-service training program for all district board of education employees shall be reviewed annually and updated.
10. Web Site
Launched January 2007
Information Bulletins
Related Links
NJ Resources, School Shootings, internet safety & bullying, Pandemic/Health Related and Key groups (educators, parents, & Kids)
Funding Opps
Training
Upcoming Trainings via NJDOE
Training & T/A Request
Helpful PPTsWeb Site
Launched January 2007
Information Bulletins
Related Links
NJ Resources, School Shootings, internet safety & bullying, Pandemic/Health Related and Key groups (educators, parents, & Kids)
Funding Opps
Training
Upcoming Trainings via NJDOE
Training & T/A Request
Helpful PPTs
11. Web Site
Regulations about SSS Plans
Subchapter 5
MOA
Other key areas of Chapter 16 (c/o SDFS) Web Site
Regulations about SSS Plans
Subchapter 5
MOA
Other key areas of Chapter 16 (c/o SDFS)
12. School Violence Awareness Week N.J.A.C. 6A:16-5.2 Include age-appropriate opportunities for student discussion on conflict resolution, diversity & tolerance 5.2(a)1
Must invite law enforcement to join the discussions 5.2(a)2
Programs for school employees to help recognize warning signs & on conduct during an incident 5.2(a)3
Annual public hearing 5.2(a)4
Annual Public Hearing-Reporting Requirement removed c/o Gov CorzineAnnual Public Hearing-Reporting Requirement removed c/o Gov Corzine
13. Incident Reporting of Violence, Vandalism & Alcohol or Other Drug AbuseN.J.A.C. 6A:16-5.3 Mandated report 5.3(a)
Requirements for report form 5.3(a)1
Principals responsibilities 5.3(b)
Review each incident report for accuracy
Forward a copy to the CSA
Notify the CSA of the action taken
Prohibition against any discrimination of employee who reports 5.3(c)
14. Incident Reporting of Violence, Vandalism & Alcohol or Other Drug Abuse, cont. Majority representatives monthly access to number & disposition of all incidents 5.3(d)
CSAs responsibilities - 5.3(e) & (f):
Annual report to Commissioner of Ed.
Annual report to board of ed. at public hearing
Transcribe the public hearing, retain on file & make available to public
File the transcript with the NJDOE
15. Incident Reporting of Violence, Vandalism & Alcohol or Other Drug Abuse, cont. Procedures for falsification of annual report 5.3(g)
Corrective action plans - 5.3(i)
16. Access to Juvenile Justice InformationN.J.A.C. 6A:16-5.4 Mandated policies & procedures
17. Removal of Students for Firearms OffensesN.J.A.C. 6A:16-5.5 Mandated policies & procedures 5.5(a)
Mandated removal for not less than one calendar year 5.5(b)
Case-by case modification of the removal 5.5(b)1
Principals responsibilities 5.5(d)
Remove student
Isolate and supervise student
Report to CSA
Notify law enforcement
Notify parents
18. Removal of Students for Firearms Offenses, cont. Mandated placement in alternative education program 5.5(e)
Due process 5.5(g)
Return to program if student did not commit the offense 5.5(h)
CSAs responsibilities 5.5(i):
Make final determination on students return to school 5.5(i)
Include on report to Commissioner of Ed. 5.5(k)
19. Removal of Students for Firearms Offenses, cont. Exception and authorization for firearms lawfully stored in locked vehicle or for board-approved activities 5.5(j)
Annual dissemination of policies and procedures 5.5(l)
20. Removal of Students for Assaults with Weapons OffensesN.J.A.C. 6A:16-5.6 Mandated policies & procedures 5.6(a)
Mandated removal for a period not exceeding one calendar year 5.6(b)
Case-by case modification of the removal 5.6(b)1
Principals responsibilities 5.6(d)
Remove student
Isolate and supervise student
Report to CSA
Notify law enforcement
Notify parents
21. Removal of Students for Assaults with Weapons Offenses, cont. Mandated placement in alternative education program 5.6(e)
Due process 5.6(g)
Return to program if student did not commit the offense 5.6(h)
CSAs responsibilities 5.6(i):
Make final determination on students return to school 5.6(i)
Include on report to Commissioner of Ed. 5.6(k)
22. Removal of Students for Assaults with Weapons Offenses, cont. Exception and authorization for weapons lawfully stored in locked vehicle or for board-approved activities 5.6(j)
Annual dissemination of policies and procedures 5.6(l)
23. Assaults on District Board of Education Members or EmployeesN.J.A.C. 6A:16-5.7 Mandated policies & procedures 5.7(a)
Mandated removal 5.7(b)
Principals responsibilities 5.7(d)
Remove student
Isolate and supervise student
Report to CSA
Notify parents
24. Assaults on District Board of Education Members or Employees, cont. Due process 5.7(e)
CSAs report to Commissioner of Ed. 5.6(k)
Annual dissemination of policies and procedures 5.6(l)
25. Remotely Activating Paging Devices (RAPD) N.J.A.C. 6A:16-5.8 Mandated policies and procedures 5.8(a)
Authorization for RAPD 5.8(b) & (c)
CSA & law enforcement notification of violations 5.8(d)
Annual dissemination of policies and procedures 5.8(e)
26. Remotely Activating Paging Devices (RAPD) N.J.A.C. 6A:16-5.8 Does this refer to pagers and is it not somewhat archaic?
Yes, the department retains this language because it is derived from State statute (N.J.S.A. 2C:33-19).
At this time, LEAs are required to adhere to this State statute.
The department has forwarded this matter to the Attorney Generals Office via the Education and Law Working Group who is very sympatric to this issue.
27. School Safety and Security N.J.A.C. 6A:16-5 RESPOND TO QUESTIONS
28. Comprehensive Alcohol, Tobacco & Other Drug Abuse Programs N.J.A.C. 6A:16-3 Gary Vermeire
Program Coordinator
Safe and Drug-Free Schools Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
29. PURPOSE Provide parameters for the establishment of comprehensive programs and services for alcohol, tobacco & other drug abuse:
Prevention;
Intervention;
Referral for evaluation;
Referral for treatment; and
Continuity of care
30. Amendments/New Rules Primarily technical changes
Changed the term substance to alcohol, tobacco and other drug for consistency throughout Chapter 16
31. Establishment of Comprehensive Alcohol, Tobacco & Other Drug Abuse ProgramsN.J.A.C. 6A:16-3.1 Purposes for each component of the program 3.1(a)1-3
Annual in-service training 3.1(a)4
Substance awareness coordinators 3.1(a)5
Programs for parents 3.1(a)6
Prohibition on tobacco smoking & use 3.1(a)7
32. Confidentiality of Student Alcohol, & Other Drug InformationN.J.A.C. 6A:16-3.2 Federal requirements for drug & alcohol records (42 CFR Part 2) - 3.2(a)1
State requirements for information shared, while in drug/alcohol counseling, that a parent or other person residing in the household is dependent upon or illegally using substances 3.2(a)2
33. Procedures for Alcohol & Other Drug Abuse Intervention N.J.A.C. 6A:16-4 Gary Vermeire
Program Coordinator
Safe and Drug-Free Schools Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
34. PURPOSE Provide requirements for the adoption of policies, procedures and services for the intervention of student alcohol and other drug abuse
35. Amendments/New Rules Primarily technical changes: language, current requirements and citations, and organization
Changed the term substance to alcohol, tobacco and other drug for consistency throughout Chapter 16
Added provisions regarding notification of law enforcement officials 4.1(c)9, 4.3(a)3 & (b)3
36. Policies & Procedures for the Intervention of Student Alcohol & Other Drug Abuse N.J.A.C. 6A:16-4.1 & 4.2
Policies & procedures requirement 4.1(a)
Consultation requirement 4.1(b)
Components of policies & procedures, which include: 4.1(c)
37. Components of policies & procedures, cont. Roles of staff
Procedures, sanctions and due process for violations, consistent with 6A:16-7
Steps for ameliorating problems & supporting transitions to & from community agencies
Emergency room services
Assessment or evaluation services
38. Components of policies & procedures, cont. Intervention, referral for evaluation & referral for treatment services
Assistance for parents
Law enforcement notification
_______________________________________________________________________
Annual review and dissemination of policies & procedures 4.2
39. Students Suspected of Being Under the Influence of Alcohol or Other Drugs (Excluding Steroids) N.J.A.C. 6A:16-4.3(a)
Mandated report (including EVVRS) 4.3(a)1
Mandated parent notification 4.3(a)2i
Mandated immediate medical examination 4.3(a)2ii
Optional disclosure to law enforcement 4.3(a)3
40. Students Suspected of Being Under the Influence, cont. Payment for the medical exam 4.3(a)4ii & (a)5iii
Establishment of requirements for the exam 4.3(a)4i
Transportation & supervision of the student 4.3(a)5i & ii & 6
41. Students Suspected of Being Under the Influence, cont. Written medical report
Provided within 24 hours 4.3(a)7
Establishment of minimum requirements for the report 4.3(a)7i & ii
Verification requirements when parent selects the physician 4.3(a)8
42. Students Suspected of Being Under the Influence, cont. Return of student to school
4.3(a)9 & 10
Removal from school 4.3(a)11
Additional assessments/services 4.3(a)12, 13, 14 & 15
43. Students Suspected of Using SteroidsN.J.A.C. 6A:16-4.3(b) Mandated report (including EVVRS) 4.3(b)1
Mandated parent notification 4.3(b)2i
Mandated medical examination 4.3(b)2ii
Optional disclosure to law enforcement 4.3(b)3
Written medical report 4.3(b)4
Additional assessments, investigations & services 4.3(b)5 &6
44. Intervention of Student Alcohol & Other Drug Abuse, cont. Civil immunity for school staff 4.3(c)
Failure of parent to comply 4.3(a)8ii & 4.3(d)
Refusal or failure of student to comply 4.3(e)
45. Law Enforcement Operations for Alcohol, Other Drugs, Weapons & Safety N.J.A.C. 6A:16-6 Gary Vermeire
Program Coordinator
Safe and Drug-Free Schools Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
46. PURPOSE Ensure cooperation between school staff & law enforcement (LE) authorities in all matters pertaining to (6.1):
Controlled dangerous substances, including steroids, alcoholic beverages & drug paraphernalia
Firearms and other deadly weapons
The planning & conduct of law enforcement activities on school grounds, including arrest procedures & undercover operations
47. Amendments/New Rules Primarily technical changes
Changed the term substance to alcohol, tobacco and other drug for consistency throughout Chapter 16
Parameters for revisions to the MOA
Provisions for parent notification of law enforcement interviews & arrests
Permissive disclosure for students suspected of being under the influence
48. Amendments/New Rules Changed the 1,000 feet perimeter for reports to law enforcement to stating that any staff member who, in the performance of his/her assigned duties, has reason to believe a student or staff member has unlawfully possessed or been involved in the distribution of a controlled substance shall report the matter. . . - 6.3(a)
49. Development & Implementation of Policies & Procedures N.J.A.C. 6A:16-6.2(a) Consultation 6.2(a)1
Review & approval 6.2(a)2
Annual dissemination 6.2(a)3
Consistent with N.J.A.C. 6A:16-4.3 & 7 6.2(a)4 & 5
50. Components of Policies & Procedures N.J.A.C. 6A:16-6.2(b) Designation of liaisons & their roles 6.2(b)1
Procedures for:
Summoning LE 6.2(b)2
Parent notification for LE interviews 6.2(b)3
Cooperating with arrests 6.2(b)4
51. Components of Policies & Procedures, cont.N.J.A.C. 6A:16-6.2(b) Procedures for:
Searches & seizures 6(b)5
Student interviews 6(b)6
Undercover operations 6(b)7
Handling seized items 6(b)8
LE notification of suspected violations of law 6(b)9
52. Components of Policies & Procedures, cont.N.J.A.C. 6A:16-6.2(b) Provisions for:
Requesting police attendance at extracurricular events 6(b)10
Parent notification of arrests 6(b)11
Staff in-service training & the exchange of information regarding the practices of LE and education 6(b)12
53. Components of Policies & Procedures, cont.N.J.A.C. 6A:16-6.2(b) Memorandum of Agreement Between Education & LE Officials 6.2(b)13
http://www.state.nj.us/lps/dcj/pdfs/agree.pdf
Provisions for resolving disputes 6(b)14
Annual process for reviewing & revising MOU 6(b)15
Limits on MOU revisions 6(b)15ii
54. Reporting Students or Staff Members to LEN.J.A.C. 6A:16-6.3 Alcohol, Other Drugs or Drug Paraphernalia:
Mandated report 6.3(a)
Prohibition on disclosure of identity of voluntary participants to LE 6.3(a)3
Permissive disclosure of identity of students suspected of being under the influence 6.3(a)4
EVVRS 6.3(f)
55. Reporting Students or Staff Members to LEN.J.A.C. 6A:16-6.3 Firearm or Other Deadly Weapon:
Mandated report 6.3(b) through (e)
EVVRS 6.3(f)
Threats or Plans to Cause Injury:
Mandated Report 6.3(c)
EVVRS 6.3(f)
56. Reporting Students or Staff Members to LEN.J.A.C. 6A:16-6.3 Sexual Penetration or Criminal Sexual Conduct:
Mandated Report 6.3(d)
EVVRS 6.3(f)
Hate Crime:
Mandated Report 6.3(e)
EVVRS 6.3(f)
57. Handling Alcohol or Other Drugs (AOD), Firearms & Other ItemsN.J.A.C. 6A:16-6.4 AOD or Drug Paraphernalia:
Notifications 6.4(a) & (a)1
Safeguard and transfer of item & information 6.4(a)2 & 3
Prohibition on disclosure of identity for voluntarily turning over AOD 6.4(a)4
58. Handling Alcohol or Other Drugs (AOD), Firearms & Other ItemsN.J.A.C. 6A:16-6.4 Firearms & Other Dangerous Weapons:
Notification, safeguard & custody 6.4(b)1 & 2, (c)
59. Confidentiality of Student or Staff Member Involvement in AOD Abuse Intervention & RX Programs N.J.A.C. 6A:16-6.5
Confidentiality of all information concerning AOD intervention or RX 6.5(a) & (b)
Prohibition on disclosure to LE or any person other than a member of the districts AOD program 6.5(c)
Prohibition on disclosure about illegal activity learned in the course of the districts AOD program 6.5(c)
Reporting of illegal activity learned outside the districts AOD program 6.5(d)
60. Student Conduct N.J.A.C. 6A:16-7 Gary Vermeire
Program Coordinator
Safe and Drug-Free Schools Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
61. PURPOSES Establish standards, policies & procedures for positive student development & student behavioral expectations
Promote a school climate that supports academic excellence and a positive work environment for staff
Organize existing case law, statutes & rulings on student conduct & due process of law
Support local authority for student conduct, while assuring students rights
Support the mission of the NJ State Board of Education
62. Amendments/New Rules Relocates -
N.J.A.C. 6A:16-5.1, Code of student conduct to -
N.J.A.C. 6A:16-7.1, Code of Student Conduct
Expands the rules on codes of student conduct
Amends associated definitions
Assist district boards of education in the development and maintenance of safe and orderly schools;
Support student achievement by creating school climates that support learning; and
Foster pro-social development that will prevent the occurrence of problem behavior
Assist district boards of education in the development and maintenance of safe and orderly schools;
Support student achievement by creating school climates that support learning; and
Foster pro-social development that will prevent the occurrence of problem behavior
63. Amendments/New Rules, cont. Establishes new rules on:
Short-term suspensions, Long-term suspensions & Expulsions
Conduct away from school grounds
Staff responsibilities
Attendance
Intimidation, harassment & bullying
Student records & confidentiality
64. Code of Student Conduct (CSC)N.J.A.C. 6A:16-7.1 Establishes a framework for the development of a district code of student conduct that:
Promotes positive student development & behavioral expectations - 7.1(a)
Is established in collaboration with parents, students & community members, representing school & community composition- 7.1(a)1
Is based on locally determined & accepted core ethical values adopted by the BOE - 7.1(a)2
65. Code of Student Conduct, cont. Establishes a framework for a district code of student conduct that:
Is annually disseminated to students, parents & staff - 7.1(a)4
Is annually reviewed for effectiveness & updated, as appropriate - 7.1(a)3, which includes consideration of the findings in the CSAs annual report -7.1(a)5 & 6
66. Code of Student Conduct, cont. The new regulations:
Require local & state reports on the code of student conduct - 7.1(a)5 & 6
Establish the purposes for codes of student conduct - 7.1(b)
Set forth the types of contents for codes of student conduct, including - 7.1(c)
- Student responsibilities - 7.1(c)1
- Behaviors resulting in suspension or expulsion 7.1(c)2
- Students rights 7.1(c)3
- Due process & appeal procedures 7.1(c)3v
67. Code of Student Conduct, cont. The new regulations require:
Description of comprehensive behavioral supports promoting positive development & students abilities to fulfill the behavioral expectations - 7.1(c)4
Description of school responses to violations graded by severity & consider developmental ages & histories of behavior - 7.1(c)5
- Continuum of actions for remediation & sanctions - 7.1(c)5i
- Equitable application - 7.5(c)5iii
68. Code of Student Conduct, cont. The new regulations require:
Attendance policy & procedures, per 6A:16-7.8 - 7.1(c)6
Bullying policy & procedures, per 6A:16-7.9 - 7.1(c)7
Current list of health & social service agencies & legal resources 7.1(c)8
69. Short-term SuspensionsN.J.A.C. 6A:16-7.2 DEFINITION
Removal of a student for 10 consecutive school days or fewer 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 students educational services. (6A:16-1.3)
70. Short-term SuspensionsN.J.A.C. 6A:16-7.2 Includes regulations for:
Notification of charges for students (7.2(a)1) & parents (7.2(a)3)
Informal hearing 7.2(a)2
Supervision of the student 7.2(a)4
Provision of academic instruction within five school days of the suspension 7.2(a)5
71. Long-term SuspensionsN.J.A.C. 6A:16-7.3 DEFINITION
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 students educational services. (6A:16-1.3)
72. Long-term SuspensionsN.J.A.C. 6A:16-7.3 Includes requirements for:
Notification of charges for students
(7.3(a)1) & parents (7.3(a)3 & 5)
Informal hearing prior to the suspension 7.3(a)2
Supervision of the student 7.3(a)4
Provision of a list of witnesses & their statements or affidavits 7.3(a)6
73. Long-term Suspensions, cont. Includes requirements for:
Information on the right to secure an attorney and available legal resources
7.3(a)8 and 7.1(c)8
Provision of comparable educational services within five school days of the suspension 7.3(a)9 & (f)
Formal hearing 7.3(a)10
Parent notification of the BOEs decision 7.3(a)11
74. Long-term Suspensions, cont. Includes requirements for:
The return of students 7.3(a)12 & 14
Appeals 7.3(b)
The continuation of suspensions & educational services 7.3(c), (d) & (e)
Criteria for determining appropriate educational programs & support services 7.3(f)
75. ExpulsionsN.J.A.C. 6A:16-7.5 DEFINITION
The discontinuance of educational services or the discontinuance of payment of educational services.
(6A:16-1.3)
76. ExpulsionsN.J.A.C. 6A:16-7.5 BOE may expel after providing the following:
All due process rights (7.5(a)1) subsequent to a long-term suspension, per 7.3, which includes:
77. Expulsions, cont. Notification to parents that further engagement in conduct warranting expulsion may amount to a knowing & voluntary waiver of the right to a free public education 7.3(a)5iv; and
Provision of appropriate educational programs or services, per 7.3(a)9, 7.3(f) & 7.5(a)2
Appeals [7.5(b)]
78. Conduct Away From School GroundsN.J.A.C. 6A:16-7.6 May impose consequences for conduct away from school grounds that is consistent with the BOEs code of student conduct (7.1) - 7.6(a) & (a)3
Exercised only:
When it is reasonably necessary for the students physical or emotional safety, security & well-being or for reasons relating to the safety, security & well-being of other students, staff or school grounds 7.6(a)1; and
When the conduct which is the subject of the proposed consequence materially & substantially interferes with the requirements of appropriate discipline in the operation of the school 7.6(a)2
79. Staff ResponsibilitiesN.J.A.C. 6A:16-7.7 Equitable application of the CSC 7.7(a)
Roles & responsibilities of each staff member in implementing the CSC 7.7(b)
Annual in-service training for all BOE employees & information incorporated in orientation for new employees - 7.7(c)
80. AttendanceN.J.A.C. 6A:16-7.8 Requires adoption of policies & procedures to include:
Expectations & consequences regarding the timely arrival to & attendance at school & classes 7.8(a)1 & 2
A definition of unexcused absence 7.8(a)3
81. Attendance, cont. School staff responses for unexcused absences:
For up to 4 cumulative absences 7.8(a)4i
For between 5 & 9 cumulative absences 7.8(a)4ii
Cumulative absences of 10 or more, at which time the student (ages 6-16) is truant
7.8 (a)4iii
82. Attendance, cont. Procedures for receiving & sending schools 7.8(c)
CSA annual report on attendance 7.8(d)
83. Intimidation, Harassment & Bullying (IHB)N.J.A.C. 6A:16-7.9 Develop, adopt & implement policies prohibiting IHB on school grounds 7.9(a)
Develop policy in consultation with parents & other community members 7.9(a)1
BOE has local control over content of policy, which must address the components in N.J.S.A. 18A:37-15 & N.J.A.C. 6A:16-7.9(a)2
Emphasis on expected behaviors, remedial actions for actors & support for victims.
Model Policy & Guidance: http://www.state.nj.us/njded/parents/bully.htm
84. IHB, cont. Minimum components of policy 7.8(a)2:
Statement prohibiting IHB
Definition of IHB
Description of expected behavior
Remedial actions for student or staff offenders
Consequences for student or staff offenders
85. IHB, cont. Minimum components of policy, cont.:
Reporting procedure, including anonymous reports
Procedure for prompt investigation of reports
Range of responses to incidents, which must include support for victims & corrective actions for related systemic problems
86. IHB, cont. Minimum components of policy, cont.:
Statement prohibiting reprisal or retaliation against anyone who reports
Consequences & remedial action for one who engages in reprisal or retaliation
Consequences & remedial action for false accusation as a means of retaliation or IHB
How the policy is to be publicized
87. IHB, cont. Prohibition against reprisal, retaliation or false accusations 7.8(b)
Mandated reports & immunity 7.8(c)
88. IHB, cont. Annually review the training needs of district staff & implement training programs consistent with the review 7.9(d)1
Information on the IHB policy incorporated into the districts employee training program 7.9(d)1i
Annually review the extent & characteristics of IHB in the school buildings & implement programs or other responses, if determined appropriate by the BOE 7.9(d)3
Annually discuss the IHB policy with students 7.9(d)2
89. Student Records & ConfidentialityN.J.A.C. 6A:16-7.10 Transfer of all disciplinary records from a public district to another public district
7.10(a)
Transfer of all suspension & expulsion records from a public district to a private school 7.10(b)+
Includes a list of applicable records requirements 7.10(d)
90. Intervention & Referral Services (I&RS) N.J.A.C. 6A:16-8 Gary Vermeire
Program Coordinator
Safe and Drug-Free Schools Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
91. PURPOSE Establish & implement a coordinated system in each school building in which general education students are served, using a multidisciplinary team for the planning and delivery of I&RS designed to:
Assist students who are experiencing learning, behavior or health (LBH) difficulties; and
Assist staff who have difficulties in addressing students LBH needs.
92. Amendments/New Rules Technical changes
93. Establishment of I&RSN.J.A.C. 6A:16-8.1 I&RS shall be provided to aid students in the general education program 8.1(a)1
I&RS may be provided for students determined to be in need of special ed. programs & services 8.1(a)2, in coordination with the students Individualized Education Program team, as appropriate 8.1(a)2i
94. Functions of I&RSN.J.A.C. 6A:16-8.2 Identify LBH difficulties 8.2(a)1
Collect thorough information on the identified LBH difficulties 8.2(a)2
Develop & implement action plans for appropriate school or community interventions or referrals, based on collected data & desired outcomes for the identified LBH problems 8.2(a)3
95. Functions of I&RS, cont. Provide support, guidance & professional development to school staff who 8.2(a)4 & 5:
Identify LBH difficulties; and
Participate in each buildings I&RS team
96. Functions of I&RS, cont. Actively involve parents in the development & implementation of I&RS action plans 8.2(a)6
Coordinate - 8.2(a)7 & 8:
Access to & delivery of school resources & services
Services of community-based social & health provider and other resources
97. Functions of I&RS, cont. Maintain records of all requests for assistance and all I&RS action plans in accordance with all applicable statutes & regulations 8.2(a)9
Review & assess effectiveness of each I&RS action plan & modify each, as appropriate, to achieve outcomes 8.2(a)10
98. Functions of I&RS, cont. At a minimum, annually review the I&RS action plans & the actions taken by the I&RS team 8.2(a)11
Make recommendations to the principal for improving school programs & services, as appropriate, based on the review 8.2(a)11
99. School Staff & Community Member Roles for Planning & Implementing I&RS N.J.A.C. 6A:16-8.3
Establish written guidelines for the involvement of school staff & community members which, at a minimum, identifies the roles & responsibilities of:
100. School Staff & Community Member Roles for Planning & Implementing I&RS, cont. Building staff who participate in the coordinated system of I&RS, including staff who identify LBH difficulties 8.3(a)1;
Other district staff for aiding in the development & implementation of I&RS action plans 8.3(a)2; and
101. School Staff & Community Member Roles for Planning & Implementing I&RS, cont. Roles, responsibilities & parameters for participation of community members for aiding in the development & implementation of I&RS action plans 8.3(a)3
102. BREAK
103. Student & Support Services Module
N.J.A.C. 6A:16
104. Home InstructionN.J.A.C. 6A:16-10 LaCoyya H. Weathington
Coordinator
School Health and Social Services Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
105. Purpose Establishes provisions for the use of home instruction:
due to a temporary or chronic health condition;
for reasons other than a temporary or chronic health condition.
106. New Rules and/or Amendments Replaces rules for students requiring home instruction due to temporary illness or injury with or without disability previously at N.J.A.C. 6A:14-4.9.
Changes minimum hours of instruction
Added:
Guided learning experiences requirement
Student/Teacher ratio requirement for group instruction
Added:
Guided learning experiences requirement
Student/Teacher ratio requirement for group instruction
107. New Rules and/or Amendments Provides more rapid response to students with chronic health conditions or a planned hospitalization
Provides consistency among rules for home instruction, student discipline and alternative education.
108. Home or Out-of-School Instruction Due to a Temporary Health ConditionN.J.A.C. 6A:16-10.1
Applies to general education AND special education students
District shall:
provide instructional services
assume all cost
meet minimum standards Applies to:
general education students kdg. through grade 12
special education students age three to 21
Can be a projected need for confinement:
10 consecutive school days
Or
15 cumulative school daysApplies to:
general education students kdg. through grade 12
special education students age three to 21
Can be a projected need for confinement:
10 consecutive school days
Or
15 cumulative school days
109. Home or Out-of-School Instruction Due to a Temporary Health ConditionN.J.A.C. 6A:16-10.1
Parent submits a request for Home Instruction documented by students physician-N.J.A.C. 6A:16-10.1(a)1
School physician reviews and verifies or denies request-N.J.A.C. 6A:16-10.1(a)1i
Parent is notified of determination within 5 days-N.J.A.C. 6A:16-10.1(a)2
Standards:
Review if HI exceeds 30 days for special ed student
Regular ed-when HI more than 60 calendar days-school physician refer to CST for eval (N.J.A.C. 6A:14)
Standards:
Review if HI exceeds 30 days for special ed student
Regular ed-when HI more than 60 calendar days-school physician refer to CST for eval (N.J.A.C. 6A:14)
110. Home or Out-of-School Instruction Due to a Temporary Health ConditionN.J.A.C. 6A:16-10.1
Instruction to begin with 5 days of verification or first week of confinement
District is responsible for cost
Students who reside in service area and are enrolled in public program
OR
Students enrolled in nonpublic school located in service area
Reside in Ewing and attend Ewing Public schools then Ewing pays
Enrolled in non public school in Ewing but live in Hamilton-Ewing pays for cost of HI
The non-public debit credit N.J.S.A. 18A:46A-3Reside in Ewing and attend Ewing Public schools then Ewing pays
Enrolled in non public school in Ewing but live in Hamilton-Ewing pays for cost of HI
The non-public debit credit N.J.S.A. 18A:46A-3
111. Home or Out-of-School Instruction Due to a Temporary Health ConditionN.J.A.C. 6A:16-10.1 Minimum Standards-N.J.A.C. 6A:16-10.1(c)
Establish a written plan for the delivery of instruction and maintain a record of delivery
Individualized Program Plan requirement if home instruction exceeds 30 days (general ed)
Certified Teacher (subject, grade level, special needs)
1 on 1 instruction 5 hours per week on 3 separate days
30 consecutive days30 consecutive days
112. Home or Out-of-School Instruction Due to a Temporary Health ConditionN.J.A.C. 6A:16-10.1 Minimum Standards-contd
An additional 5 hours per week of a guided learning experience (if physically able)
Instruction must be consistent with students IEP
Instruction must meet the CCCS and grade requirements in district
If instruction exceeds 60 days the school physician MUST refer to CST for evaluation
5 additional hours of guided learning experiences (INDEPENDENT STUDY/STRUCTURED LEARNING TASK, THEMATIC PROJECT, GUIDED ONLINE INSTRUCTION) if well enough
Guided Learning activity MUST be reinforcement that supports the CCCS
5 additional hours of guided learning experiences (INDEPENDENT STUDY/STRUCTURED LEARNING TASK, THEMATIC PROJECT, GUIDED ONLINE INSTRUCTION) if well enough
Guided Learning activity MUST be reinforcement that supports the CCCS
113. Home or Out-of-School Instruction forReasons Other than a Temporary Health ConditionN.J.A.C. 6A:16-10.2 APPLIES TO GENERAL EDUCATION STUDENTS ONLY
District shall:
provide instructional services under specific conditions
assume costs
meet minimum standards
114. Home or Out-of-School Instruction forReasons Other than a Temporary Health ConditionN.J.A.C. 6A:16-10.2 Student is mandated for placement in alternative education but placement is not available-N.J.A.C. 6A:16-10.2(a)1
Short or long term suspension-N.J.A.C. 6A:16-10.2(a)2
Court order that requires home instruction-N.J.A.C. 6A:16-10.2(a)3
115. Home or Out-of-School Instruction forReasons Other than a Temporary Health ConditionN.J.A.C. 6A:16-10.2
District shall provide services within 5 days-N.J.A.C. 6A:16-10.2(b)
District in which student resides is responsible for costs-N.J.A.C. 6A:16-10.2(c)
116. Home or Out-of-School Instruction forReasons Other than a Temporary Health ConditionN.J.A.C. 6A:16-10.2 Minimum Standards-N.J.A.C. 6A:16-10.2(d)
Maintain a record of delivery of instructional services and student progress
Individualized Program Plan requirement if home instruction exceeds 30 days
Developed with parent and multidisciplinary team
Incorporates prior findings of I&RS team
Recommend placement and include support for transition back to general education
District must review and revise every 60 days
If instruction occurs in home adult 21 over MUST BE present
If instruction occurs in home adult 21 over MUST BE present
117. Home or Out-of-School Instruction forReasons Other than a Temporary Health ConditionN.J.A.C. 6A:16-10.2 Minimum Standards-contd
Certified Teacher (subject & grade level)
1 on 1 instruction 10 hours per week on 3 separate days
An additional 10 hours per week of a guided learning experience
Instruction must meet the CCCS and grade requirements in district
If instruction is delivered in home parent or adult (21) MUST be present
Can report as child neglect if parent does not participate in IPP or is not at home when HI occurs
Short term (Fewer than 10 days)-academic instruction sufficient to meet the CCCS
IPP not required
Long term - IPP, etc.
10 additional hours of guided learning experiences (INDEPENDENT STUDY/STRUCTURED LEARNING TASK, THEMATIC PROJECT, GUIDED ONLINE INSTRUCTION) if well enough
Guided Learning activity MUST be reinforcement that supports the CCCSCan report as child neglect if parent does not participate in IPP or is not at home when HI occurs
Short term (Fewer than 10 days)-academic instruction sufficient to meet the CCCS
IPP not required
Long term - IPP, etc.
10 additional hours of guided learning experiences (INDEPENDENT STUDY/STRUCTURED LEARNING TASK, THEMATIC PROJECT, GUIDED ONLINE INSTRUCTION) if well enough
Guided Learning activity MUST be reinforcement that supports the CCCS
118. Home or Out-of-School Instruction forReasons Other than a Temporary Health ConditionN.J.A.C. 6A:16-10.2 District must maintain a summary record concerning students receiving home or out-of-school instruction because they could not be placed in the setting recommended as most appropriate in the students IPPs and provide annual report to county superintendent-N.J.A.C. 6A:16-10.2(g)
District must maintain a summary record-provide information re:
number of students categorized by age, grade and gender
number of weeks on home instruction before placement in the recommended setting, and
reasons for delay
provide the summary report annually to the county supDistrict must maintain a summary record-provide information re:
number of students categorized by age, grade and gender
number of weeks on home instruction before placement in the recommended setting, and
reasons for delay
provide the summary report annually to the county sup
119. General Provisions forSchool Health Services N.J.A.C. 6A:16-2 LaCoyya H. Weathington
Coordinator
School Health and Social Services Unit
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
120. PURPOSE Establish the minimum requirements and procedural standards for the provision of school health services which include:
Screenings;
Medical Examinations;
Health Services Staff;
Health Records; and
Services to Nonpublic Schools.
121. Amendments and New Rules Incorporated rules for the emergency administration of medication.
Revised considerations for the Nursing Services Plan.
Expanded requirements for physical examinations.
Added:
Definitions of
Asthma Action Plan
IHP
Nursing Services Plan
Student Health Record
Added:
Definitions of
Asthma Action Plan
IHP
Nursing Services Plan
Student Health Record
122. Amendments and New Rules Additional requirement regarding the dissemination of NJ FamilyCare materials.
Delineated roles of the certified school nurse and the noncertified nurse.
123. DefinitionsN.J.A.C. 6A:16-1.3 Added definitions:
Asthma Action Plan
Individualized Healthcare Plan
Nursing Services Plan
Student Health Record
Written Order
124. Policy and Procedural RequirementsN.J.A.C. 6A:16-1.4 Added requirements governing school functions:
Provision of health services in emergency situations;
Provision of nursing services to nonpublic schools; and
Creation of wellness policies.
This citation is related to school district policies
Emergency situations-epi-pen etc.-Asthma Action Plan
This citation is related to school district policies
Emergency situations-epi-pen etc.-Asthma Action Plan
125. Review of immunization records-N.J.A.C. 6A:16-2.1(a)1
Administration of medication to students- N.J.A.C. 6A:16-2.1(a)2
Provision of health services in emergency situations (incl. DNR)- N.J.A.C. 6A:16-2.1(a)3,4
Health Services Policy and Procedural RequirementsN.J.A.C. 6A:16-2.1 District must adopt policies /procedures/mechanisms:
Immunization for completeness-DHSS
Medication-who can administer (LPN CANNOT ADMINISTER MEDS)
School physician
Nurse certified or non
Substitute nurse
Parent
Student approved to self admin
Delegates for epi-pen
Notification of parents re: Emergency situation
epi-pen
injuries@ school or school sponsored activities
Transportation and supervision of students in need of immediate care
District must adopt policies /procedures/mechanisms:
Immunization for completeness-DHSS
Medication-who can administer (LPN CANNOT ADMINISTER MEDS)
School physician
Nurse certified or non
Substitute nurse
Parent
Student approved to self admin
Delegates for epi-pen
Notification of parents re: Emergency situation
epi-pen
injuries@ school or school sponsored activities
Transportation and supervision of students in need of immediate care
126. Treatment of Asthma- N.J.A.C. 6A:16-2.1(a)5,
Administration of medical examinations- N.J.A.C. 6A:16-2.1(a)6
Handling blood and bodily fluids-N.J.A.C. 6A:16-2.1(a)7
Nursing Services to nonpublic schools- N.J.A.C. 6A:16-2.1(a)8
Asthma Action Plan-required for all Asthmatics
Nursing Services Plan-establishes criteria to determine # of nurses needed
Non-public-more detail in another slide
Asthma Action Plan-required for all Asthmatics
Nursing Services Plan-establishes criteria to determine # of nurses needed
Non-public-more detail in another slide
127. Nursing Services Plan-submitted annually-that includes:
Basic Nursing Services for all students
Medical needs of individual students
Nursing services in emergency situations
Nursing assignments
Nursing and medical services to nonpublic schools
Health ServicesPolicy and Procedural RequirementsN.J.A.C. 6A:16-2.1
128. Required Health ServicesN.J.A.C. 6A:16-2.2 Immunization-related services-N.J.A.C. 6A:16-2.2(a)-(d)
Maintenance of a nebulizer-N.J.A.C. 6A:16-2.2(e)
Accessibility of NJ FamilyCare materials-N.J.A.C. 6A:16-2.2(i)
Written notification to parent stating approval of the students participation in athletics N.J.A.C. 6A:16-2.2(h)1iv
HIV/AIDS status is NOT required as part of exam or health history
Review and update immunization records
Nebulizer-same
District must make NJ FamilyCare information available to students who are knowingly without medical coverage. Requirement [2.2(i)]Review and update immunization records
Nebulizer-same
District must make NJ FamilyCare information available to students who are knowingly without medical coverage. Requirement [2.2(i)]
129. Required Health ServicesN.J.A.C. 6A:16-2.2 Required Examinations-N.J.A.C. 6A:16-2.2(f)-(h)
Interscholastic or Intramural athletic squad/team
Enrollment into school
Application for working papers
CST evaluation
Student suspected under the influence of alcohol or controlled substances
(f)-(h) medical exams in medical home except for sports physical-parents choice
Medical exams
-physicals-sports etc.-added intramural
-enrollment-entry into school
-working papers
-cst eval-6A:14-3.4
-suspected under influence
CHIROPRACTOR CANNOT conduct medical examinations-only a person licensed to practice medicine/osteopathy or an Advanced Practice Nurse.
(f)-(h) medical exams in medical home except for sports physical-parents choice
Medical exams
-physicals-sports etc.-added intramural
-enrollment-entry into school
-working papers
-cst eval-6A:14-3.4
-suspected under influence
CHIROPRACTOR CANNOT conduct medical examinations-only a person licensed to practice medicine/osteopathy or an Advanced Practice Nurse.
130. Required Health ServicesN.J.A.C. 6A:16-2.2 Required screenings-N.J.A.C. 6A:16-2.2(k)
Height, weight, blood pressure-annually- grades k-12
Visual acuity-biennially- grades k-10
Auditory acuity-annually grades k-3, 7 and 11
Scoliosis-biennially-ages 10-18
131. Health Services Personnel N.J.A.C. 6A:16-2.3 Role of the school physician
currently licensed by NJ Board of Medical Examiners in medicine or osteopathy
Role of the certified school nurse and the non-certified nurse who must:
maintain current CPR/AED certification
receive training in airway management and in the use of nebulizers and inhalers Receives training in airway management
Automated External Defibrilator
Added:
Delineation of the certified school nurse vs. noncertified nurse roles [2.3(b),(c), and (d)]
Non-delegatory functions
Instructional vs. Non-Instructional
Receives training in airway management
Automated External Defibrilator
Added:
Delineation of the certified school nurse vs. noncertified nurse roles [2.3(b),(c), and (d)]
Non-delegatory functions
Instructional vs. Non-Instructional
132. Health Services Personnel N.J.A.C. 6A:16-2.3 Non-certified
Dont review immunization records
Cannot assign delegate to administer meds
Cannot delegate nursing tasks
Cannot provide classroom instruction
Cannot conduct cst health hx review
Cannot write IHP or IEHP
Cannot write 504(for health care)Non-certified
Dont review immunization records
Cannot assign delegate to administer meds
Cannot delegate nursing tasks
Cannot provide classroom instruction
Cannot conduct cst health hx review
Cannot write IHP or IEHP
Cannot write 504(for health care)
133. Required Student Health RecordsN.J.A.C. 6A:16-2.3 & 2.4 Development of an individualized healthcare plan-N.J.A.C. 6A:16-2.3(b)
Record maintenance [2.4(a)-(c)]
Findings of screenings, medical history and physical examinations recorded on A45
Separate and secure
Maintain records
Separate from other student records
Can be electronic but must be secure
Located in same building as student
Health records covered by FERPA not hipaa
Maintain records
Separate from other student records
Can be electronic but must be secure
Located in same building as student
Health records covered by FERPA not hipaa
134. Required Student Health RecordsN.J.A.C. 6A:16-2.3 &2.4 Transferring records [2.4(d)] to-
Public school in NJ-original within 10 days of request
Nonpublic school-duplicate within 10 days of request
Out-of-state-duplicate within 10 days of request
CSA MUST request health record from sending district within 2 weeks of enrollment
Access and disclosure of records [2.4 (e) -(h)] Transfer of health records
Original goes to new school when transferring in 10 days of written request from CSA
Duplicate goes to nonpublic within 10 days
Duplicate goes to out of state schoolTransfer of health records
Original goes to new school when transferring in 10 days of written request from CSA
Duplicate goes to nonpublic within 10 days
Duplicate goes to out of state school
135. School Health Services to Nonpublic SchoolsN.J.A.C. 6A:16-2.5 Assistance with medical exams
Hearing Screenings
Scoliosis exams
Emergency care
Services provided by a licensed RN
Nonpublic may decline services
CSA must confer with nonpublic school administrator annually regarding services
136. School Health Services to Nonpublic SchoolsN.J.A.C. 6A:16-2.5 District MUST report the type and number of services provided to nonpublic(s) during the previous school year
District MUST submit annually nonpublic school report for monitoring and recordkeeping to the county superintendent District providing health services to nonpublic schools must submit information on or b/f 10/1
Verify conference with non-public
Description of services
# of services
Board minutes approving expenditure of funds
District providing health services to nonpublic schools must submit information on or b/f 10/1
Verify conference with non-public
Description of services
# of services
Board minutes approving expenditure of funds
137. Additional Resources Preparticipation Athletics Form
http://www.state.nj.us/njded/districts/forms.htm
A-45 Form
Available at the county superintendents office
School Health Services Guidelines
http://www.state.nj.us/njded/parents/shg.pdf
NJ FamilyCare
http://www.njfamilycare.org/
138. Alternative EducationN.J.A.C. 6A:16-9 Kaneisha B. Robinson
Coordinator
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
139. Major Changes to Alternative Education Regulations Approval of a district-operated program by the district board of education
Provision permitting State agencies, public college-operated programs, and department-approved schools to operate programs (required to submit application)
Transition and case management services for high school students
Two marking period minimum enrollment period Approval of programs by district boards of education [N.J.A.C. 6A:16-9.1(a)] District boards of education are now responsible to approve district-operated alternative education programs. The rationale is that boards approve all other district programs, including gifted and talented, in-school suspension programs, etc. In approving the program, the board must ensure that the program is compliant with the regulations under N.J.A.C. 6A:16-9. Specific program standards may be found in N.J.A.C. 6A:16-9.2.
Programs operated by State agencies, public college-operated programs, and department-approved schools to operate programs [N.J.A.C. 6A:16-9.1(b)] - In order to provide districts with more options for placing students in need of alternative education programs, the department created a provision that allows these entities to operate alternative education programs. However, the programs must formally submit an application to the commissioner. To request an application, please contact the Office of Educational Support Services. In the near future, this application will be available on the departments website.
Case management services for high school students [N.J.A.C. 6A:16-9.2(a)] Alternative education programs are now required to provide transition services and case management service to high school students. Transition services involve assisting students in transitioning back to the general education program, if dictated by the individualized program plan (IPP). The term case management services, as defined at N.J.A.C. 6A:16-1.3, means advocacy for and coordination of services to students including, but not limited to, counseling, health services, referrals to community-based agencies and monitoring of academic progress.
Two marking period minimum enrollment period [N.J.A.C. 6A:16-9.2(a)12 N.J.A.C. 6A:16-9.2(a)12] In an effort to adequately address the issues that necessitate a students placement in alternative education; maintain the continuity of services; and reduce the educational disruption caused by short-term student placements, the department created a two marking period minimum enrollment period.
Exceptions:
N.J.A.C. 6A:16-9.2(a)i - If the student is enrolled with less than two complete marking periods remaining prior to the end of the school year, the decision regarding continued placement in the alternative education program shall be made in accordance with N.J.A.C. 6A:16-9.3(a).
N.J.A.C. 6A:16-9.2(a)ii - If the student is removed from the general education program and placed in an alternative education program as a result of a firearm or assault with a weapon offense, the chief school administrator may modify the term of removal or placement on a case-by-case basis, pursuant to N.J.A.C. 6A:16-5.5(b)1 and 5.6(b)1.
N.J.A.C. 6A:16-9.2(a)iii - For the student with a disability, the enrollment period shall be determined by appropriate school personnel in accordance with the provisions of N.J.A.C. 6A:14, Special Education, and the Individuals with Disabilities Education Act of 2004, 20 U.S.C. 1400 et seq.
Approval of programs by district boards of education [N.J.A.C. 6A:16-9.1(a)] District boards of education are now responsible to approve district-operated alternative education programs. The rationale is that boards approve all other district programs, including gifted and talented, in-school suspension programs, etc. In approving the program, the board must ensure that the program is compliant with the regulations under N.J.A.C. 6A:16-9. Specific program standards may be found in N.J.A.C. 6A:16-9.2.
Programs operated by State agencies, public college-operated programs, and department-approved schools to operate programs [N.J.A.C. 6A:16-9.1(b)] - In order to provide districts with more options for placing students in need of alternative education programs, the department created a provision that allows these entities to operate alternative education programs. However, the programs must formally submit an application to the commissioner. To request an application, please contact the Office of Educational Support Services. In the near future, this application will be available on the departments website.
Case management services for high school students [N.J.A.C. 6A:16-9.2(a)] Alternative education programs are now required to provide transition services and case management service to high school students. Transition services involve assisting students in transitioning back to the general education program, if dictated by the individualized program plan (IPP). The term case management services, as defined at N.J.A.C. 6A:16-1.3, means advocacy for and coordination of services to students including, but not limited to, counseling, health services, referrals to community-based agencies and monitoring of academic progress.
Two marking period minimum enrollment period [N.J.A.C. 6A:16-9.2(a)12 N.J.A.C. 6A:16-9.2(a)12] In an effort to adequately address the issues that necessitate a students placement in alternative education; maintain the continuity of services; and reduce the educational disruption caused by short-term student placements, the department created a two marking period minimum enrollment period.
Exceptions:
N.J.A.C. 6A:16-9.2(a)i - If the student is enrolled with less than two complete marking periods remaining prior to the end of the school year, the decision regarding continued placement in the alternative education program shall be made in accordance with N.J.A.C. 6A:16-9.3(a).
N.J.A.C. 6A:16-9.2(a)ii - If the student is removed from the general education program and placed in an alternative education program as a result of a firearm or assault with a weapon offense, the chief school administrator may modify the term of removal or placement on a case-by-case basis, pursuant to N.J.A.C. 6A:16-5.5(b)1 and 5.6(b)1.
N.J.A.C. 6A:16-9.2(a)iii - For the student with a disability, the enrollment period shall be determined by appropriate school personnel in accordance with the provisions of N.J.A.C. 6A:14, Special Education, and the Individuals with Disabilities Education Act of 2004, 20 U.S.C. 1400 et seq.
140. Reporting Potentially Missing or Abused ChildrenN.J.A.C. 6A:16-11 Lovell Pugh-Bassett
Coordinator
Specialized Services
Office of Educational Support Services
New Jersey Department of Education
(609) 292-5935
chapter16@doe.state.nj.us
141. Purpose The purpose of this chapter is to establish requirements for school districts in the development of policies for reporting potentially missing or abused children.
142. Amendments/New Rules During the last rulemaking, the department deleted all of the previous provisions and replaced it with a single regulation which references the statutory authority for education agencies at N.J.S.A. 18A: 36-25.
On May 2, 2007 the State Board adopted new rules for N.J.A.C. 6A:16-11 which reinstates the deleted detail with amendments.
143. EXTENDED Q &A WE WILL ENTERTAIN QUESTIONS REGARDING ANY AREAS OF N.J.A.C. 6A:16
Office of Educational Support Services Staff
Anthony Bland, Coordinator
Lovell Pugh-Bassett, Coordinator
Kaneisha Robinson, EPDS2
Bob Schilling, Coordinator
Gary Vermeire, Coordinator
LaCoyya Weathington, Coordinator