In a victory for the state’s local boards of education, NJSBA’s arguments as amicus curiae helped to convince the Appellate Division of Superior Court to preserve the flexibility school districts now enjoy in school nurse staffing.  The court issued the ruling, in Ramsey Teachers Association v. Ramsey Board of Education, on January 9. 

At issue was the district’s action to give a registered nurse, who did not hold a “school nurse” certificate, supplemental duties to be carried out while the assigned certified school nurse was out of the school building.  The Appellate Division held that the Legislature intended for school districts to have the flexibility to use supplemental nurses to provide services at those times when the certified school nurse was not present. 

Under statute and regulation, each school complex must have on staff a certified school nurse—that is, a registered nurse who has received the additional education-related designation of “certified school nurse” from the state Department of Education.  A school district may employ other registered nurses or licensed practical nurses in addition to the certified school nurse.

Ensures Nursing Coverage The case was on appeal from a decision by the state Board of Education, which had ruled in favor of the local school district.  Nothing in the record indicated that the supplemental services performed by the registered nurse without school certification violated applicable statutes or regulations, the state board found. 

On appeal, the Ramsey Teachers Association argued that the statute (N.J.S.A. 18A:40-3.3) required the certified school nurse to be physically present to supervise or “shadow” the registered nurse, who did not hold school certification, at all times. The Ramsey school board and NJSBA argued that the union’s “physical presence” argument would eliminate the flexibility that the Legislature had intended for local districts in providing nursing services to students. Additionally, the Ramsey school board and NJSBA argued that the state board decision was reasonable and should be deferred to, since the state board is the agency entrusted by the Legislature with enforcing the education laws.

Avoids Absurd Result Agreeing with the Ramsey school board and NJSBA, the Appellate Division said that the union’s interpretation of the statute was “strained” and would “lead to an absurd result.” Under the union’s interpretation, the court reasoned, unless a certified nurse was present, “a district could not lawfully provide for coverage by an uncertified nurse,” a result that the Legislature could not have intended.