New Jersey Department of Education

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Nonpublic School Services

Chapter 192 Compensatory Education Eligibility for Students in Grades 3 – 12: Assessment Requirements

The New Jersey Department of Education (NJDOE) has updated the assessment requirements for students in grades 3-12 who wish to be evaluated for eligibility for compensatory education services through Chapter 192 (Auxiliary Services) for Nonpublic School Students.

Compensatory education services are available to an eligible student in language arts literacy (reading and/or writing) and mathematics, and are supplementary to the regular instruction in these subject areas. A student is eligible if the public school district or provider determines, based on the criteria listed below, that the student has academic needs that prevent the student from succeeding academically in the classroom. The nonpublic school is responsible for administering any assessments and providing all information for determining eligibility, as follows:

Eligibility Criteria for Students in Grades 3 – 12

Nonpublic schools must use either of the following types of assessments to determine eligibility for Chapter 192 services: 1. a norm-referenced, standardized test that yields a national percentile score, or 2. a New Jersey state-administered standardized criterion-based assessment for which the level of proficiency needed to meet academic expectations has been established. IQ tests such as the Stanford Binet do not meet these criteria. A comprehensive score in either language arts or math must be obtained for each student to determine eligibility. Nonpublic schools provide results of the standardized test to the local school district or third-party provider to determine eligibility for Chapter 192 services.

If a nonpublic school is using a testing instrument that is not the most current version of the instrument, the nonpublic school may use the older version for up to two years but then must transition to the most recent version of the test.

If the student's application for services is submitted before February 1, the nonpublic school can use the student's assessment results from the previous spring to determine eligibility for Chapter 192 services. If the student does not have a test score from the previous spring, then the student must take an assessment in the current school year. If the student's application for services is submitted on or after February 1, a current assessment should be used.

Students must be tested annually to determine continued eligibility for services.

Norm-Referenced Assessments

In grades 3 - 12, a student must score below the 40th percentile on a valid and reliable commercial, norm-referenced, standardized instrument that assesses academic skills, is administered systematically, and is based on objective data. If a student in grades 3-12 exhibits poor class performance, including low/failing test grades in language arts literacy and/or mathematics, and did not score below the 40th percentile but did score below the 50th percentile on a commercial, norm-referenced  instrument administered by the nonpublic school, then eligibility for services will be determined by educationally related objective criteria, such as report card grades, book-level tests, teacher ratings and writing samples, as well as other assessments that may be agreed upon during the consultation.

New Jersey State Assessments

The NJDOE establishes the proficiency level needed on the state assessments to meet the requirements. The proficiency level needed for 192 eligibility in FY2018 and 2019 is as follows: a student is determined to be eligible for support in language arts literacy and/or mathematics if his/her scores fall below Level 4 (scale score of 750) on the appropriate subject area of the Partnership for Assessment of Readiness for College and Careers (PARCC), with the exception of the following three high school assessments:

  • Algebra II
  • Geometry
  • English Language Arts 11.

The established level of proficiency for these three assessments is Level 3 (scale score of 725). Consequently, when using one of these three tests to determine eligibility, the student's score must fall below Level 3 (scale score of 725) to be considered eligible for services.

N.J. Department of Education
Office of Nonpublic School Services
P.O. Box 500, Trenton, NJ 08625-0500
Email (preferred method of contact):
Phone: (609) 376-3664, Fax: (609) 292-4319