Official Site of The State of New Jersey

• Consultation Requirements
• Contracting with a Third-Party Provider
• District Fiscal Management
• District Monitoring and Recordkeeping
• Eligibility Requirements
• Nonpublic School Enrollment Report
• Participation Requirements

The school district is required to provide annual consultation, according to N.J.A.C. 6A:16-2.5(j), as well as “timely and meaningful consultation” prior to any change in the provision of nursing services [N.J.A.C. 6A:16-2.5(e)].

The objective of timely and meaningful consultation is to provide the best services possible to the students in nonpublic schools. Toward that end, the NJDOE recommends that discussions occur between the appropriate district administrator and the head of the nonpublic school and or his/her designee in a timeframe suitable to understand the students’ needs and properly arrange for services to begin at the start of the school year. If competitive contracting for services will occur, the consultation should occur no later than the end of March to have sufficient time to receive and consider the bids. If the consultation occurs before the funding notices have been sent to districts (mid-July), the funding amount can be shared with the nonpublic schools after the consultations, at which point adjustments to services, service hours and equipment/supplies can be made.

Ideally, consultations should occur more than once a year: no later than the end of May, provided there is no change in the service provider, and mid-way through the school year to discuss any remaining funds and how they should be spent. In general, there should be regular communication during the year to discuss any issues with nonpublic programs.

Third-Party Providers

Districts that contract with a third party provider may wish to invite the provider to the consultation meeting. Third party providers may coordinate the scheduling of the meetings to enable their attendance, but the NJDOE strongly advises that the appropriate district administrator attend the meeting since the district is responsible for the delivery of services to the nonpublic schools.

The NJDOE requires that the discussions between the district and the nonpublic school designees include the following topics, which are enumerated on the consultation form:

• Basic nursing services to be provided
• Supplies and equipment to be provided
• Start date for nursing services
• Amount of funds remaining near the end of the school year, with sufficient time for the funds to be used in an efficient and effective manner
• How the nursing position will be filled in the event of a long–term absence or leave

Change in Provider

If a change to a provider is contemplated, the following topics should be discussed:

• Input from both the nonpublic school administrator/designee and parents regarding:
  • Level of satisfaction with the current provider
  • Concerns relative to the delivery and quality of services and outcomes desired 
• Input from parents may be gathered through any of the following:
  • Face-to-face meeting
  • Nonpublic school administrat
  • Survey
• Board’s reasons for changing the provider
• Listing of providers being considered and their suitability for the students’ needs
• If applicable, the criteria to be used in the contracting process for nursing services

The public school district should consider the needs and requests of the nonpublic school, including requesting the nurse who will provide services.

Once a decision to change providers has been made, and prior to the effective date of the change in service, the nonpublic school must be notified.

NJDOE Recommendations

The NJDOE recommends that districts consider more than the hourly rate and number of service hours when making a decision to hire a nurse or choose a third party provider. The lowest cost nurse or provider may provide more hours, but may not meet the needs of the nonpublic school or provide the best quality nursing services. Considerations should include:

• Consistency of nursing services from year to year
• Number of hours that can be provided
• Quality of the nursing services provided
• Specific needs of the nonpublic school when choosing a provider or nurse.

The NJDOE has provided a Sample Vendor Evaluation Rubric for Nonpublic Nursing Services with a weighting of criteria to help districts evaluate the nursing service provider proposals they receive. Telephone conferencing is acceptable, provided the district obtains a signature from the nonpublic school administrator on the consultation form acknowledging the discussion of the required topics.

The district is responsible for retaining:

• Letters of correspondence
• Notices of consultation
• Signed consultation forms

The public school district may keep any portion of the six percent administrative fee specified in the code, turn the six percent over to the third party provider to administer the program, or split the fee with the third party provider, at its discretion. Use of the administrative fee should be written into the contract with the third party.

There are no fiscal restrictions expressed in the nursing services statutes or administrative code on how much profit or administrative or overhead costs a third-party service provider builds into its budget. NJDOE does not have authority to regulate the service providers’ cost structures or the specificity of the financial information they must reveal to the public, though districts can require specific financial information as part of the bidding and contracting processes. Districts must provide financial information requested on the Distribution of Nonpublic Nursing Funds Form.

NJDOE recommends that any contracts with third party providers be reviewed on an annual basis and that out-clauses be included to allow for contract termination, should it be needed.

Districts receive funds for nonpublic nursing services from the NJDOE and must spend them in accordance with statutory and regulatory restrictions, as follows:

• Funding amount is based on the nonpublic school enrollment report from the preceding school year.
• The funds expended by the district board of education for administrative costs shall be limited to the actual costs or six percent of the funds allocated for each participating nonpublic school, whichever is less.

Administrative Costs

The district may, at its discretion, retain up to six percent of the allocated health services funds to cover its actual administrative costs or pass it on to the third party contractor.

The six percent administrative cost is strictly related to the district’s responsibility in providing nursing services. These administrative costs include, but are not limited, to the costs relating to the district's annual consultation, bidding, program and contract management, and oversight and quality control, and are not to be confused with other types of costs over which the NJDOE has no jurisdiction, such as administrative or overhead costs that a nursing service agency may build into its service fee.

Districts must submit on or before October 1 annually the following information to the executive county superintendent of education and the chief school administrator of the nonpublic schools:

• Copy of the signed consultation form
• Copy of the contract with an independent provider
• Approved minutes of the district board of education meeting approving the contract that describes the methods by which the health services will be provided to nonpublic school students for the ensuing year
• Distribution of Nonpublic Nursing Funds Form, designed to isolate the amount of funding for nursing hours. This increases transparency for the nonpublic schools.
• The Annual Nonpublic School Nursing Report form, which provides a description of the type and number of services that were provided during the previous school year

To be eligible for the nonpublic nursing services program, the nonpublic school must:

• Be registered with the NJDOE
• Complete the Nonpublic Enrollment Report anually

Failure to complete Nonpublic Enrollment Report will result in forfeiture of services for the following school year.

Students must:

• Be in grades Kindergarten to 12
• Be enrolled fulltime in the nonpublic school
• Meet the age requirements of the public school district where the nonpublic school is located

There is no resident requirement for eligible students.

Preschool Students

The district board of education may include in its adopted written policies and procedures the provision of nursing services to preschool students enrolled in nonpublic schools in the event of an emergency.

The enrollment report opens in October of each year and closes in November and is used to determine the school's allocation for nursing, technology and textbook services for the following school year.

The chief school administrator of the nonpublic school must:

• Complete the Nonpublic Enrollment Report annually
• Attest to the Health and Safety Requirements of Nonpublic School Facilities
• Attend an annual consultation meeting with the local school district
• Update school contact information such as address, phone numbers, and email addresses with NJDOE by logging into the Nonpublic School Information Directory on NJDOE Homeroom