N.J. Admin. Code § 6A:32-2.1

Current through Register Vol. 56, No. 18, September 16, 2024
Section 6A:32-2.1 - Definitions

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.

N.J. Admin. Code § 6A:32-2.1

Amended by 47 N.J.R. 464(a), effective 2/17/2015
Amended, 54 N.J.R. 1276(a), effective 7/5/2022