Districts should consult with their contracted service providers and their nonpublic schools in developing a plan to provide services to students consistent with each student’s individual service plan, as applicable.

Because assessments used to determine eligibility for the 2020-2021 school year for Chapter 192 Compensatory Education Services for grades 3-12 are currently unavailable, final determinations based on assessments shall be delayed until the applicable assessment becomes available. Until assessments are available for determination of eligibility for the next school year, school districts must continue to provide Chapter 192 Compensatory education services to the maximum extent possible to students who were eligible to receive services prior to the closure of schools due to Covid-19, and have opted to continue those services. The requirement to collect and process signed 407-1 forms for students requesting services for the 2020-2021 school year, albeit without the assessment documentation, remains in effect. When testing resumes, new and continuing students must be assessed for eligibility or continuation of compensatory education services in accordance with the Department’s existing guidance. Once the 2020-21 school year begins, new students shall be determined eligible for compensatory education services when an assessment is available and qualifying results are included on the 407-1 form.

For the remainder of the 2019-2020 school year, any new students may be determined eligible for compensatory education services based on the following criteria, which must be agreed upon in consultation with the district, including at least two of three measures, listed below:

1. Samples of student’s work collected over time (minimum 30 days in school in the current grade) that demonstrate need in a specific content area (math and/or ELA), including performance based assessments
   1. The district may establish a minimum number of work samples that must be submitted.
   2. Work samples must be original, include student’s name and be graded appropriately.
   3. All work must be in the subject (math or ELA) that the student needs services in and must be in English.
2. Tests and/or projects
   1. Tests must have accurate scores.
3. Report card grades (low/failing)
   1. Report cards must show academic level in subject for which services are being requested (i.e. math grades, writing grades, reading grades).

Please reference Chapter 192/193 Guidelines for information on Chapter 192 eligibility criteria and acceptable assessments.

Because state approved language proficiency assessments used to determine eligibility for the 2020-2021 school year for Chapter 192 English Language Learner (ELL) services may be currently unavailable, final determinations of eligibility based on assessments shall be delayed until the applicable assessment becomes available. Until assessments are available for determination of eligibility for the next school year, school districts must continue to provide Chapter 192 ELL services to the maximum extent possible to students who were eligible to receive services prior to the closure of schools due to Covid-19, and have opted to continue those services. The requirement to collect and process signed 407-1 forms for students requesting services for the 2020-2021 school year, albeit without the assessment documentation, remains in effect. When testing resumes, new and continuing students must be assessed for eligibility or continuation of ELL services in accordance with the Department’s existing guidance.

For the remainder of the 2019-2020 school year, and in the absence of the ability to administer a state approved language proficiency assessment, the following steps shall be taken to identify a new student who may need ELL services:

1. The nonpublic school shall interview parent(s)/guardian(s) and student(s) by telephone or virtually using the Home Language Survey, consistent with the school’s remote enrollment process, if feasible, when a language other than English is indicated;
2. The nonpublic school shall review past school records, if available, such as academic achievement results, prior transcripts or test scores; and
3. The responsible school district or provider shall review the survey results and records from steps 1 and 2 above, and upon approval of the 407-1 form, provide services consistent with a school’s remote plan.

Upon return to school for in-person instruction, these students must be formally screened for English language proficiency.  

Please reference Chapter 192/193 Guidelines for information on Chapter 192 eligibility criteria.

Per the Elementary and Secondary Education Act (ESEA) sections 1117(a)(1)(A) and 8501(a)(1), a public school district (LEA) must provide services that meet the needs of students and teachers. In the case of a nonpublic school closing due to COVID-19, the nonpublic school administrator should immediately consult with the LEA that is the steward of the funds. It is the LEA’s responsibility to ensure that nonpublic equitable services are provided. The provision of virtual services should be leveraged in direct consultation between the LEA and nonpublic school officials.

Please note that state nonpublic nursing aid may only be used for the services identified in N.J.S.A. 18A:40-23 et seq. and N.J.A.C. 6A:16-2.5, as determined during the nonpublic consultation between the responsible school district and nonpublic school. Documented time worked by nonpublic school nurses providing COVID-19-related health information to state, county and local officials during school closures are considered services pursuant to N.J.A.C. 6A:16-2.5(a)3i and iii.

School districts and nonpublic schools that wish to make any alterations to the nonpublic nursing agreement between the nonpublic school and the school district must maintain adherence to state law and regulations and should engage in consultation to discuss their options.

School districts, nonpublic schools and public and private service providers should prioritize the provision of instruction, related, compensatory and auxiliary (chapter 192 and 193) services to public and nonpublic school students before procurement for nonpublic school programs that are unrelated to instruction.

School districts may agree with nonpublic schools to utilize nonpublic technology aid and textbook aid designated for another purpose for the 2019-2020 school year to make purchases designed to assist with remote learning at nonpublic schools during COVID-19 New Jersey Department of Education 20 Updated March 23, 2020 closures. Such purchases will remain subject to all nonpublic school programs guidance and school districts should adhere to the Department of Community Affairs’ emergency procurement guidance.

Along with certain other state funds, the supplemental appropriation for the Teach STEM Classes in Nonpublic Schools Grant program has been frozen for FY2020 to respond to the COVID-19 health emergency. We advised stakeholders that we would provide further information on the program and the impact for future years, including for FY2021, as it becomes available. NJDOE will continue accepting grant applications from nonpublic schools on a continuing basis until more information about the FY2020 funds becomes available.

School districts and nonpublic providers should review the Department’s guidance and P.L. 2020, c. 27 and act accordingly. Consultation requirements remain in effect.

School districts, nonpublic schools and service providers are encouraged to review existing state law, regulations and guidance for nonpublic school programs, maintain communication regarding the provision of services to students, and email nonpublic@doe.nj.gov with any questions.