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5141.11 Vaccination Testing

NORTHFIELD CITY BOARD OF EDUCATION FILE CODE: 5141.11

Northfield, New Jersey Monitored

X Mandated

Policy X Other Reasons

VACCINATION AND TESTING

The Northfield City School District Board of Education (Board) believes that preventing the transmission of COVID-19 is critical to keeping schools open for in-person instruction. The Board requires that all eligible teachers, educational staff, contracted employees, vendors, volunteers, providers and any other individuals working in the schools where regular visits to the schools are part of the individual’s job duties, be fully vaccinated. Unvaccinated eligible teachers, educational staff, contracted employees, vendors, volunteers, providers and any other individuals working in the schools shall be subject to routine COVID-19 testing.

Executive Order 253 declares that “the State has experienced significant upticks in critical COVID-19 metrics over the past few months, including COVID-19 positive cases, the rate of transmission, spot positivity, and new hospitalizations, that warrant additional precautions in certain settings, especially those with a substantial number of unvaccinated individuals. The Centers for Disease Control (CDC) has emphasized that vaccination is a critical means to prevent spread of COVID-19 and to avoid infection of those individuals that cannot be vaccinated because their age precludes them from receiving one… The majority of the student population remains ineligible for vaccination at this time.” Therefore, the CDC has strongly recommended vaccination of all eligible teachers and educational staff.

Executive Order 253 also declares that as of October 18, 2021, all staff members who are eligible to be vaccinated against COVID-19 must receive the vaccine or be subject to routine COVID-19 testing. Executive Order 253 also applies to contracted employees, vendors, providers and any other individuals working in the schools where regular visits to the schools are part of the individual’s job duties, including volunteers.

According to N.J.S.A. 26:13-3, the Governor of the State has the authority to declare a public health emergency. According to N.J.S.A. App.A:9-33, the purpose of the Civilian Defense and Disaster Control Act is to “provide for the health, safety and welfare of the people of the State of New Jersey and to aid in the prevention of damage to and the destruction of property during any emergency … by prescribing a course of conduct for the civilian population….” According to N.J.S.A. App.A:9-40, public officials are required to fully cooperate with the Governor in all matters affecting any declared emergency. Furthermore, Executive Order 253 expressly forbids state entities from taking any action that conflicts with or impedes its implementation.

Definitions

“Covered settings” are all public, private, and parochial preschool programs, and elementary and secondary schools, including charter and renaissance schools.

“Covered workers” shall include all individuals employed by the covered setting, both full and part-time, including, but not limited to, administrators, teachers, educational support professionals, individuals providing food, custodial, and administrative support services, substitute teachers, whether employed directly by a covered setting or otherwise contracted, contractors, providers, and any other individuals performing work in covered settings whose job duties require them to make regular visits to such covered settings, including volunteers. Covered workers do not include individuals who visit the covered setting only to provide one-time or limited duration repairs, services, or construction.

“Fully vaccinated” for COVID-19 is two weeks or more after an individual has received the second dose in a two-dose series or two weeks or more after they have received a single-dose vaccine. Individuals will only be considered fully vaccinated where they have received a COVID-19 vaccine that is currently authorized for emergency use by the Food and Drug Administration (FDA) or the World Health Organization (WHO), or that are approved for use by the same. Workers who are not fully vaccinated, or for whom vaccination status is unknown or who have not provided sufficient proof of documentation, shall be considered unvaccinated.

Vaccination and Testing

The Board requires all covered workers to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on October 18, 2021, at which time any covered workers that have not provided adequate proof that they are fully vaccinated must submit to a minimum of weekly or twice weekly testing on an ongoing basis until fully vaccinated.

Covered workers may demonstrate proof of full vaccination status by presenting the following documents if they list COVID-19 vaccines currently authorized by the Food and Drug Administration (FDA) Emergency Use Authorization (EUA) in the United States and/or the World Health Organization (WHO), along with an administration date for each dose:

A. The CDC COVID-19 Vaccination Card issued to the vaccine recipient by the vaccination site, or an electronic or physical copy of the same;

B. Official record from the New Jersey Immunization Information System (NJIIS) or other State immunization registry;

C. A record from a health care provider’s portal/medical record system on official letterhead signed by a licensed physician, nurse practitioner, physician’s assistant, registered nurse or pharmacist;

D. A military immunization or health record from the United States Armed Forces; or

E. Docket mobile phone application record or any state specific application that produces a digital health record.

Covered settings collecting vaccination information from covered workers must comport with all federal and State laws, including but not limited to the Americans with Disabilities Act, that regulate the collection and storage of that information.

Testing

The unvaccinated covered worker shall undergo screening testing at a minimum of one to two times each week.

The unvaccinated covered worker shall submit proof of a COVID-19 test to the Superintendent or his or her designee. Option 2 The district shall provide the unvaccinated covered worker with on-site access to an antigen or molecular COVID-19 test to the extent reasonably possible. In the event that the district is unable to provide the aforementioned access to on-site COVID-19 testing, the covered worker is responsible to be tested with an approved COVID-19 test prior to reporting to work.

Tracking and Records

The Superintendent shall assign a staff member who is responsible for tracking test results and reporting such results to local public health departments, if necessary.

The collection of and storage of test results, examination results and proof of vaccination documentation shall comport with board policies and all federal and State laws, including but not limited to the Americans with Disabilities Act, that regulate the collection and storage of that information. Employee records and documentation shall be kept in the employee’s confidential health record that shall be maintained separately from other personnel files (see board policy 4112.6/4212.6 Personnel Records). The custodian of records shall maintain test results, examination results and proof of vaccination records and documentation for all other covered workers in a locked and secure location to ensure confidentiality (see board policy 3570 District Records and Reports).

Adopted: September 27, 2021

NJSBA Review/Update:

Readopted:

Key Words

Proof of Vaccination, Vaccination, COVID-19, Coronavirus, Examination, Test

Resources:

The CDC recently issued updated guidance regarding considerations for wearing face coverings and how it can help slow the spread of COVID-19. Schools should refer to this guidance as it includes details regarding who should and should not wear a face covering:

Guidance for COVID-19 Prevention in K-12 Schools | CDC

Centers for Disease Control and Prevention “Your Guide to Masks” at: Your Guide to Masks | CDC

NJDOE School Reopening Frequently Asked Questions at: https://www.nj.gov/education/reopening/faqs/#sd

NJDOE Update to Conditions of Learning, Health and Safety, “Critical Area of Operation #5: Screening, PPE, and Response to Students and Staff Presenting Symptoms” and “Critical Area of Operation #3: Transportation https://nj.gov/education/reopening/updates/docs/RestartUpdateFacecoverings080320.pdf

“Physical Distancing, face coverings, and eye protection to prevent person-to-person transmission of SARS-CoV-2 and COVID-19: a systematic review and meta-analysis;” September 21, 2020. D.K. Chu, S. Duda, K. Solo, S. Yaacoub, and H. Schunemann. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7503118/

Legal References: N.J.S.A. 18A:35‑4.6

through ‑4.8 Parents Right to Conscience Act of 1979

N.J.S.A. 18A:40‑4 Examination for physical defects and screening of hearing of pupils; health records

N.J.S.A. 18A:40‑4.4 Exemption

N.J.S.A. 18A:40‑4.5 Immunity from action of any kind due to provisions of act

N.J.S.A. 18A:40‑5 Method of examination; notice to parent or guardian

N.J.S.A. 18A:40‑6 In general

N.J.S.A. 18A:40‑7, ‑8,

‑10, ‑11 Exclusion of pupils who are ill

N.J.S.A. 18A:40‑12.37 Release to share medical information

N.J.S.A. 18A:40‑20 Immunization at public expense

N.J.S.A. 26:1A‑9.1 Exemption of pupils from mandatory immunizations

N.J.S.A. 26:4‑6 Prohibiting attendance of teachers or pupils

N.J.A.C. 6A:14-3.4 Evaluation

N.J.A.C. 6A:16-1.1et seq. Programs to Support Student Development

See particularly:

N.J.A.C. 6A:16-1.1, -1.3,

-2.1, -2.2, -2.3, -2.4

N.J.A.C. 8:57‑4.3 Medical exemptions

N.J.A.C. 8:57‑4.4 Religious exemptions

N.J.A.C. 8:57-4.5 Provisional admission

N.J.A.C. 8:57‑4.7 Records required

N.J.A.C. 8:57‑4.8 Reports to be sent to the State Department of Health

N.J.A.C. 8:57‑4.9 Records available for inspection

N.J.A.C. 8:57‑4.22 Emergency power of the Commissioner, Department of

Health and Senior Services

20 U.S.C.A. 1232h Protection of Pupil Rights Amendment

Executive Order No. 251, Governor Philip D. Murphy, August 6, 2021.

Executive Order No. 253, Governor Philip D. Murphy, August 23, 2021.

The NJDOE Guidance: The Road Back: Restart and Recovery at:

https://www.nj.gov/education/reopening/

The NJDOE Guidance: The Road Forward: Health and Safety Guidance for the 2021-

2022 School Year at: The Road Forward (nj.gov)

Possible

Cross References: *1410 Local units

*4123 Classroom aides

*5111 Admission

*5113 Absences and excuses

*5131.6 Drugs, alcohol, tobacco (substance abuse)

*5141 Health

*5141.21 Administering medication

*5200 Nonpublic school pupils

*Indicates policy is included in the Critical Policy Reference Manual.