Terms Used In New Jersey Statutes 18A:40-12.35

  • Board: means the board of education. See New Jersey Statutes 18A:1-1
  • Department: means the State Department of Education. See New Jersey Statutes 18A:1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • School nurse: shall mean and include any school nurse, school nurse supervisor, head school nurse, chief school nurse, school nurse coordinator or any other nurse performing school nursing services in the public schools. See New Jersey Statutes 18A:1-1
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. The school nurse shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parents or guardians of the student annually provide to the board of education written authorization for the provision of epilepsy or seizure disorder care .

b. The individualized health care plan and individualized emergency health care plan developed in accordance with subsection a. of this section shall be updated by the school nurse annually and as necessary in the event that there is a change in the health status of the student.

c. Each individualized health care plan shall include, and each individualized emergency health care plan may include, the following information:

(1) written orders from the student’s physician or advanced practice nurse outlining the epilepsy or seizure disorder care;

(2) the symptoms of the epilepsy or seizure disorder for that particular student and recommended care;

(3) full participation in exercise and sports, and any contraindications to exercise, or accommodations that must be made for that particular student;

(4) accommodations for school trips, after-school activities, class parties, and other school-related activities;

(5) education of all school personnel about epilepsy and seizure disorders, how to recognize and provide care for epilepsy and seizure disorders, and when to call for assistance;

(6) medical and treatment issues that may affect the educational process of the student with epilepsy or the seizure disorder;

(7) the student’s ability to manage, and the student’s level of understanding of, the student’s epilepsy orseizure disorder; and

(8) how to maintain communication with the student, the student’s parent or guardian and health care team, the school nurse, and the educational staff.

d. (1) The board of education shall coordinate the provision of epilepsy and seizure disorder care at the school and ensure that all staff are trained in the care of students with epilepsy and seizure disorders, including staff working with school-sponsored programs outside of the regular school day .

(2) The training required pursuant to paragraph (1) of this subsection shall include a Department of Health-approved on-line or in-person course of instruction provided by a nonprofit national organization that supports the welfare of individuals with epilepsy and seizure disorders.

L.2019, c.290, s.2.