Title 18A, Title 18A: EDUCATION

18A:40-11. Exclusion of pupils having communicable tuberculosis Any pupil found to have communicable tuberculosis shall be excluded from school and a report of each such case shall be filed by the school medical inspector with the health officer of the municipality in which the p…

18A:40-11.1 Request for home instruction. 1. a. A parent or guardian requesting home instruction due to a student’s temporary or chronic health condition or need for treatment that precludes participation in the student’s usual education setting, whether general education or spec…

18A:40-12. Closing schools during epidemic Whenever the board of health of any municipality shall declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public schools in the municipality, the board shall imm…

18A:40-12.1. Protective eye devices required for teachers, pupils and visitors in certain cases The board of education of every school district shall require each pupil and teacher in the public schools of the district to wear industrial quality eye protective devices while atten…

18A:40-12.10 Reimbursement to school. 5. A public or nonpublic school shall apply to the Department of Education for reimbursement of the costs incurred in implementing the provisions of this act. The department is authorized to accept contributions of funds to reimburse public a…

18A:40-12.11 Findings, declarations relative to the care of students with diabetes. 1. The Legislature finds and declares that: a. Diabetes is a serious chronic disease that impairs the body's ability to use food, and must be managed 24 hours a day in order to avoid the potential…

18A:40-12.12 Definitions relative to the care of students with diabetes. 2. As used in this act: "Individualized emergency health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with diabetes and other appropriat…

18A:40-12.13 Development of health care plans for students with diabetes. 3. a. The parent or guardian of a student with diabetes who seeks diabetes care while at school shall inform the school nurse who shall develop an individualized health care plan and an individualized emerg…

18A:40-12.14 Authorized employees for administration of glucagon. 4. a. The school nurse shall have the primary responsibility for the emergency administration of glucagon to a student with diabetes who is experiencing severe hypoglycemia. The school nurse shall designate, in con…

18A:40-12.15 Management, care of diabetes by student permitted; authorization. 5. Upon the written request of the parent or guardian and as provided in a student's individualized health care plan, a school district shall allow the student to attend to the management and care of t…

18A:40-12.16 Notification to school bus driver. 6. A school district shall, for each pupil with diabetes whom a school bus driver transports, provide the driver with a notice of the pupil's condition, how to treat hypoglycemia, who to contact in an emergency, and parent contact i…

18A:40-12.17 Posting of reference sheet. 7. Designated areas of the school building shall have posted, in plain view, a reference sheet identifying signs and symptoms of hypoglycemia in students with diabetes. L.2009, c.131, s.7.

18A:40-12.18 Release for sharing of certain medical information. 8. The school nurse shall obtain a release from the parent or guardian of a diabetic student to authorize the sharing of medical information between the student's physician or advanced practice nurse and other healt…

18A:40-12.19 Immunity from liability. 9. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of this act…

18A:40-12.2. Rules prescribing kinds, types and quality of devices The commissioner, by rule or regulation, shall prescribe the kinds, types and quality of such protective devices and in so doing, the commissioner shall be guided by the standards promulgated by the American Stand…

18A:40-12.20 Possession of syringes authorized. 10. The possession and use of syringes consistent with the purposes of this act shall not be considered a violation of applicable statutory or regulatory provisions that may otherwise restrict or prohibit such possession and use. L.…

18A:40-12.21 School choice not restricted. 11. A student's school choice shall not be restricted due to the fact that the student has diabetes. L.2009, c.131, s.11.

18A:40-12.21a Type 1 diabetes, informational materials, available to parents, guardians of enrolled students. 1. a. The Department of Health, in consultation with the Department of Education, shall develop informational materials on type 1 diabetes. The materials shall be posted …

18A:40-12.22 Policy for administration of medical cannabis to student. 1. a. A board of education or chief school administrator of a nonpublic school shall develop a policy authorizing parents, guardians, and designated caregivers to administer medical cannabis to a student while…

18A:40-12.23 Definitions relative to the emergency administration of opioid antidotes in schools. 1. As used in this act: "Opioid antidote" means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administ…

18A:40-12.24 Development of school policy for emergency administration of opioid antidotes. 2. a. Each board of education, board of trustees of a charter school, and chief school administrator of a nonpublic school shall develop a policy, in accordance with guidelines established…

18A:40-12.25 Guidelines for development of policy. 3. a. The Department of Education, in consultation with the Department of Human Services and appropriate medical experts, shall establish guidelines for the development of a policy by a school district, charter school, or nonpubl…

18A:40-12.26 Immunity from liability. 4. No school employee, including a school nurse, or any other officer or agent of a board of education, charter school, or nonpublic school, or a prescriber of opioid antidotes for a school through a standing order, shall be held liable for a…

18A:40-12.27 Shared services arrangement. 5. A school district may enter into a shared services arrangement with another school district for the provision of opioid antidotes pursuant to section 2 of this act if the arrangement will result in cost savings for the districts. L.201…

18A:40-12.28 Funds used for compliance by nonpublic schools. 6. Notwithstanding any law to the contrary, funds appropriated or otherwise made available pursuant to P.L.1991, c.226 (C.18A:40-23 et seq.) may be used to comply with the requirements of section 2 of this act in nonpub…

18A:40-12.29 Policy for emergency administration of hydrocortisone sodium succinate. 2. a. Each board of education or chief school administrator of a nonpublic school shall develop a policy in accordance with the guidelines established by the Department of Education pursuant to s…

18A:40-12.3 Self-administration of medication by pupil permitted. 1. a. A board of education or the governing board or chief school administrator of a nonpublic school shall permit the self-administration of medication by a pupil for asthma or other potentially life-threatening i…

18A:40-12.30 School nurse to have primary responsibility. 3. The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of the hydrocortisone sodium succinate. The school nurse shall …

18A:40-12.31 Guidelines for development of policy relative to emergency administration of hydrocodone sodium succinate. 4. a. The Department of Education, in consultation with the Department of Health, appropriate medical experts, and professional organizations representing schoo…

18A:40-12.32 Training protocols. 5. a. In an effort to assist the certified school nurse in a school district and the school nurse in a nonpublic school in recruiting and training additional school employees as volunteer designees to administer hydrocortisone sodium succinate for…

18A:40-12.33 Immunity from liability. 6. No school employee, including a school nurse, or any other officer or agent of a board of education or nonpublic school shall be held liable for any good faith act or omission consistent with the provisions of P.L.2019, c.118 (C.18A:40-12.…

18A:40-12.34 Definitions relative to epilepsy and seizure disorders. 1. As used in this act: "Individualized emergency health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with epilepsy or a seizure disorder an…

18A:40-12.35 Annual submission of student's seizure action plan. 2. a. The parent or guardian of a student with epilepsy or a seizure disorder who seeks epilepsy or seizure disorder care while at school shall submit annually to the school nurse the student's seizure action plan. …

18A:40-12.36 Information provided to bus driver. 3. In the event that a school bus driver transports a student with epilepsy or a seizure disorder, a school district shall provide the driver with: a notice of the student's condition; information on how to provide care for epileps…

18A:40-12.37 Release to share medical information. 4. The school nurse shall obtain a release from the parent or guardian of a student with epilepsy or a seizure disorder to authorize the sharing of medical information between the student's physician or advanced practice nurse an…

18A:40-12.38 Immunity from liability. 5. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of this act…

18A:40-12.39 Student sun protection policy. 1. a. As used in this section, "sunscreen" means a topical product used for the purpose of limiting skin damage caused by overexposure to the sun, and which is regulated by the federal Food and Drug Administration for over-the-counter u…

18A:40-12.4. Rules, regulations 2. a. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the State Board of Education shall promulgate such rules and regulations as it deems necessary no later than six months after the effective date of th…

18A:40-12.40 Water safety educational fact sheet. 1. a. The Department of Children and Families shall develop an educational fact sheet on water safety. The fact sheet shall include, at a minimum, information on: (1) how parents and guardians can reduce their child’s risk of inju…

18A:40-12.41 School district to publish list of locations offering swimming lessons, age-appropriate water safety courses. 2. A school district shall publish on its Internet website a list of locations where swimming lessons and age-appropriate water safety courses providing inst…

18A:40-12.5 Development of policy for emergency administration of epinephrine to students. 1. Each board of education or chief school administrator of a nonpublic school shall develop a policy in accordance with the guidelines established by the Department of Education pursuant t…

18A:40-12.6 Policy for administration of epinephrine to pupil. 2. The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of the epinephrine. The school nurse shall designate, in c…

18A:40-12.6a Guidelines for schools for management of food allergies, administration of epinephrine. 4. The Department of Education, in consultation with the Department of Health, appropriate medical experts, and professional organizations representing school nurses, principals, …

18A:40-12.6b Implementation of established guidelines. 5. Each board of education and chief school administrator of a nonpublic school shall implement in the schools of the district or the nonpublic school the guidelines established and disseminated pursuant to section 4 of P.L.2…

18A:40-12.6c Training protocols for volunteer designees to administer epinephrine. 6. a. In an effort to assist the certified school nurse in a public school district and the school nurse in a nonpublic school in recruiting and training additional school employees as volunteer de…

18A:40-12.6d Immunity from liability. 7. No school employee, including a school nurse, or any other officer or agent of a board of education or nonpublic school, or a physician or an advanced practice nurse providing a prescription under a standing protocol for school epinephrine…