Opening a New Nonpublic School

Q: I want to open a new nonpublic school. What do I need to do?

A: To open a nonpublic school, you must follow all regulations for opening a business in the state, as well as all local safety and building codes. For more information on starting a business in New Jersey, visit: http://www.nj.gov/njbusiness/starting/. Contact your local authorities for more information regarding building and safety codes.

Registration with the NJDOE

Q: How do I register my nonpublic school with the NJDOE?

A: You must complete the nonpublic New School Registration Form and email it to Nonpublic School Servies at nonpublic@doe.nj.gov.

State Aid Eligibility

Q: How does my nonpublic school become eligible to receive state aid?

A: To receive 192/193 funding, your school must be registered and the district of location must request services, pursuant to the Chapters 192-193 Additional Funding For Nonpublic Schools User Manual. The user manual and related documents are found in the NJDOE Homeroom: click on ADDL - Ch 192-193 Funding Statement and Additional Funding Request. Then navigate to the “Per Pupil Rates and Monthly Availability/Proration's Schedule” for the amount of funding the district is expected to receive on behalf of the nonpublic school. Note that prorated percentages do not apply to Chapter 193 examination and classification services. These services will be fully funded on a per service basis throughout the school year. Visit the Auxiliary and Remedial Services for Nonpublic Schools (Chapters 192 and 193) webpage to learn about the processes required to receive funding.

To receive nursing services, security, technology, and textbook program funding, your school must have completed the Nonpublic School Enrollment Report in the prior year, (access to the report starts in mid-October through the NJDOE Homeroom Page). Prior to the opening of the enrollment report, all nonpublic school administrators will receive an email from Nonpublic School Services with instructions on how to access the enrollment report along with your school's user Id and password. The data provided from the Nonpublic School Enrollment Report is used to determine eligibility/entitlement for certain state and federal aid programs. Nonpublic schools that have applied or received funds previously must reapply annually for these programs.

IDEA Part B

Q: How are IDEA Part B funds determined for the students with disabilities enrolled in my nonpublic school?

A: IDEA Part B funding for nonpublic schools is based on a proportionate share calculation using enrollment information collected by public school districts (through NJSMART) in October of each year. This number generates the allocation for the following year. The proportionate share amount of Part-B funds is equal to the number of students with disabilities ages 3-21 that were reported as of the last school day prior to October 16. This number is then divided by the total number of students with disabilities ages 3-21 (public and nonpublic in your district) that were reported as of the last school day prior to October 16, and then multiplied by the total IDEA-B basic allocation for your district. Please go to U.S. Department of Education website for additional information.

Title I

Q: How are Title I allocations determined for my nonpublic school?

A: Title I funding is allocated to the Title I districts in which your eligible students reside. The Title I district of residence is responsible for providing supplemental services (i.e. additional learning opportunities) directly to eligible nonpublic students. Services provided cannot benefit the entire school, as these services are only for nonpublic students that meet the established eligibility criteria. Please go to Equitable Participation of Nonpublic Students for Title I for additional information.

Title II A

Q: How are Title II A allocations determined for my nonpublic school?

A: Under the Title II A program, nonpublic school teachers, principals and other educational personnel are eligible to participate to the extent that the district in which the nonpublic school is located uses funds to provide for professional development for teachers and other school personnel.
Funds awarded to the state and district under Title II A are subject to the uniform provisions of Section 9501 of the ESEA (Participation by Private School Children and Teachers). The statute requires districts to provide nonpublic school students, their teachers and other educational personnel with educational services on an equitable basis and in a timely manner.  Please see the Improving Teacher Quality (ESEA Title II, Part A) guidance document for additional information.

Title III

Q: How are Title III immigrant allocations determined for my nonpublic school?

A: Title III services are supplemental to Chapter 192 ESL services and allocations are based on the number of students reported by the district as receiving Chapter 192 ESL services in October of each year. This number generates the allocation for the following year. Title III immigrant allocations are based on the eligibility of your district for such funds. Eligibility is based on the combined number of public and nonpublic immigrant students in your district. In order to receive a Title III immigrant allocation in any year, districts must enroll and report a minimum number of immigrant students of 20 and demonstrate a two percent or higher increase in the number of eligible immigrant students as compared to the average enrollment of the previous two years. If your school district is eligible, your nonpublic school will also receive corresponding services and the allocation would be based on the number of eligible students reported. Please go to Title III of the Elementary and Secondary Education Act for additional information.

For Profit/Nonprofit Status

Q: Are there state and federal aid programs for which my nonpublic school is not eligible because we are a for profit entity?

A: Yes, for profit nonpublic schools are not eligible for transportation services (state funded) and the following federal programs:  IDEA, Title I, Title IIA and Title III.  Please see the Nonprofit/Profit Status table which summarizes this information.

Accreditation

Q: Does the NJDOE accredit nonpublic schools?

A: The NJDOE does not accredit nonpublic schools. Nonpublic schools do not need accreditation to be recognized by the state of New Jersey. Accreditation is optional and would be provided through an independent accreditation agency.

Moving to a New Location

Q: If my nonpublic school moves out of the boundaries of the public school district (after the Nonpublic School Enrollment report has been completed) to which my nonpublic state and federal funds are allocated, do the funds follow to the new public school district of location?

A: Yes. However, you must advise the NJDOE of your school's change in address by completing the Existing School Change Form. This accommodation can be made until the beginning of July prior to the start of the new school year. Once funds have been disbursed, the district becomes responsible for redirecting them to you. You must contact the business administrator from your prior district to ensure that services are provided to the eligible students in your nonpublic school. The one exception is Title IIA funding. These funds cannot be transferred from one public school district to another during the course of the school year. Instead, these funds will be allocated to the district of location the following school year.

School Closing

Q: Do I need to inform the NJDOE if my nonpublic school closes?

A:  Yes, you should complete the Existing School Change Form. There is a field in the form where you can indicate that your nonpublic school is closing.

School Health Services

Q: Does the Scholastic Student-Athlete Safety Act require nonpublic schools to retain the services of a school physician since the PPE form requires the school physician's signature?

A: No, nonpublic schools do not need to have a school physician sign the PPE form because there is no statutory requirement that nonpublic schools employ a school physician.

Q: Where can I find information about School Health Services, including FAQs and resources?

A: Please see School Health Services on the NJDOE's Keeping Our Kids Safe, Healthy and In School website.

Q: What do I need to know about the latest epinephrine requirements?

A:  On February 5, 2015, an act concerning the emergency administration of epinephrine to students for anaphylaxis (P.L. 2015, c.13), was signed into law. The law adds two new requirements for districts and nonpublic schools to maintain a supply of epinephrine and permit administration of epinephrine to any student having anaphylactic reaction. Please see some key provisions of the law below.
The policy developed by a board of education or chief school administrator of a nonpublic school shall:

(1) permit the school nurse or trained designee to administer epinephrine via a pre-filled auto-injector mechanism to any pupil when the nurse or designee in good faith believes that the pupil is having an anaphylactic reaction; and

(2) require each public and nonpublic school to maintain in a secure but unlocked and easily accessible location a supply of epinephrine auto-injectors  that is prescribed under a standing protocol from a licensed physician, and is accessible to the school nurse and trained designees for administration to a pupil having an anaphylactic reaction.

The new requirements of the law go into effect at the start of the 2015-16 school year.
The law applies to nonpublic schools offering education for grades kindergarten through 12, or any combination of them.

Notes:

1) The law does not prescribe how the new requirements are to be implemented in many cases. For example, while the new provision in the law allows a school nurse and trained designees to administer the epinephrine, it is up to the nonpublic school to determine how this training will occur.

2) The nonpublic schools will need to develop their own policies to ensure that they adhere to the law's requirements.

See 18A:40-12.5 Section 1a-e for requirements for students with known potential need for administration of epinephrine for anaphylaxis.

Student Athletes

Q: Where can I find more information on the requirements of the Scholastic Student-Athlete Safety Act?

A: Please see the Scholastic Student-Athlete Safety Act on the NJDOE's Keeping Our Kids Safe, Healthy and In School website. You will find the following:

• Student-Athlete Cardiac Assessment Professional Development Module
• Forms
• Annual Athletic Pre-Participation Physical Examination Form (English | En Español)
• Health History Update Questionnaire
• Scholastic Student-Athlete Safety Act Webinar
• Scholastic Student-Athlete Safety Act FAQ

Q: Where can I find additional information on the requirements of Janet's Law?

A: Please see the Frequently Asked Questions (FAQ) document that was developed for Janet's Law.

Q: What forms/documents are required as part of a nonpublic school's interscholastic or intramural athletic participation package?

A: The following forms/documents are required in all interscholastic or intramural athletic participation packages:

• Preparticipation Physical Evaluation Form (PPE)
• Health History Update Questionnaire – only if the preparticipation physical examination was conducted 90 or more days prior to the first practice session of the athletic season.
• Sudden Cardiac Death In Young Athletes Pamphlet
• Student-athlete and parent/guardian certification and sign-off Sheet
• Sports-Related Concussion and Head Injury Fact Sheet and Parent/Guardian Acknowledgement Form

Q: Is the nonpublic school required to retain a copy of each health care provider's Certificate of Completion following review of the Student-Athlete Cardiac Screening professional development module?

A: No. Health care providers are not required to provide a copy of the Certificate of completion to the nonpublic school. Health care providers are only required to sign the certification statement on the PPE form attesting to completion of the PD module. The nonpublic school is required to retain the original signed statement on the PPE form to attest to the qualification of the health care provider to perform the physical examination of a student.

Purchasing

Q: Do district purchasing policies apply to purchases for nonpublic schools for State-funded programs?

A: Yes. All purchases for nonpublic schools with State funds have to be made by the district and the district must follow the district and State purchasing rules and policies.

Q: Do State purchasing regulations apply to nonpublic schools?

A: State purchasing regulations apply to districts that are purchasing services or products that are required through State-funded nonpublic school programs. The district Board of Education must ensure that procurement and expenditures are made in accordance with the requirements of Public School Contracts Law (see N.J.S.A. 18A:18A et seq.) and Local Public School Contracts Laws Administrative Code (N.J.A.C. 5:34-1 et seq.).   Find information on Public School Contracts requirements on the Department of Community Affairs' NJ Local Agency Procurement Laws webpage.

Q: Can the school district reimburse the nonpublic school directly for nonpublic school employees’ or contractor services that are allowable expenditures (such as school security guards or nurses) under any of the nonpublic school programs?

A: No. The school district cannot use nonpublic school aid to reimburse the nonpublic school for salaries and benefits (e.g., employment taxes, etc.) of employees or contractors of the nonpublic school. The school district must contract directly with the service provider and any contracts must be within the constraints of public school contracts law (N.J.S.A. 18A:18A-1 et seq.) available on the Rutgers Law Library website and New Jersey Legislature website.

Q: When during the school year do districts typically execute service provider/vendor contracts?

A: Contracts with providers/vendors are typically executed after the state budget is passed, June 30. Since the process can be lengthy, a discussion between a district and the nonpublic about the vendor should begin with the consultation in the spring. Please see the Recommended Timeline for Timely Delivery of Services and Products (Chapt. 192/193, Nursing, Security, Technology and Textbooks).

Q: Does the nonpublic school have input into the selection of the service provider? Can nonpublic schools specify/request the vendors/providers for State nonpublic school programs?

A: Nonpublic school input into the selection of the service provider is built into the consultation process as documented in the Consolidated Consultation Form for State Programs. The annual consultation meeting held in the spring (between March and May) allows the nonpublic school a formal setting to address any concerns about the service provider. The district should consider any concerns raised by the nonpublic school at that time along with any concerns that may have been expressed throughout the school year in deciding whether a new service provider will be sought. If the district knows in advance that a new service provider will be sought, the consultation meeting should occur in March to allow sufficient time for identifying a new service provider and to inform the current provider that their services will not be retained for the following school year.
Consultation is an ongoing process that should include meetings or check-ins between the district and the nonpublic school throughout the school year, in addition to the annual consultation meeting held in the spring. This allows the nonpublic school to keep the district informed as to the performance of the service provider throughout the school year.

Nonpublic schools should also be aware that the district may not be able to accommodate a nonpublic school's choice of provider due to compliance with the laws that apply to district purchasing.

Q: Does the district make the final decision about which vendors/providers it will use to purchase the services/technology/equipment for the State nonpublic school programs?

A: The district makes the final decision about which vendors/providers it will use, however, the district and nonpublic schools should engage in consultation prior to making a determination.  The Nonpublic Security Aid Program requires the resident district to purchase allowable items for the nonpublic school after timely and meaningful consultation between the nonpublic school and district. The goal of timely and meaningful consultation is to reach agreement on how to provide effective programs for eligible students, which may include a discussion of the pros and cons of different vendors/providers.  Items/services agreed upon are ultimately purchased by the district after consideration of all procurement processes.   All State-funded nonpublic school programs have guidance documents that provide program-specific guidelines on allowable purchases and service providers.

The district must follow its own purchasing policies and use due diligence to properly procure items/services for nonpublic schools.  This includes proper bid and quote requirements if the total cost exceeds the thresholds.  The bottom of this document contains additional information and resources on the school district purchasing process.

Q: What recourse is available to a nonpublic school when the third party provider does not provide services or does so in a less than satisfactory way?

A: It is the district's responsibility to provide the required services, in accordance with the nonpublic statutes. Nonpublic schools that are dissatisfied with the goods or services of the district's contracted third party provider should document their concerns, provide them to the district for review, and ensure those concerns are part of the discussion during the consultation process for the following year. If, after working with the district, a nonpublic school still does not receive services, the nonpublic school may submit a formal complaint. 

Q: Do contracts with third party providers include a specific date by which a district is able to open a contract to terminate or renew it?

A: Contract termination and renewal dates clauses vary across districts and providers.

Q: Can nonpublic schools request a copy of the district's contract with the provider for nonpublic school programs?

A: Yes. District contracts are public documents and may be requested. Please also note that for nonpublic nursing, the regulations require school districts to provide a copy of the service provider contract to both the Executive County Superintendent and the nonpublic school administrator by October 1 (N.J.A.C. 6A:16-2.5(k)2).

Q: Where can I obtain more information on school district purchasing and contracting?

A: Please refer to the following resources for more information:

• Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., available on the Rutgers Law Library website.
• The implementing regulations are found at N.J.A.C. 5:34-1.1.

Department of Community Affairs' NJ Local Agency Procurement Laws website

Q: Must the district use State-approved vendors?

A: It is not a requirement for districts to purchase from State-approved vendors.  The district Board of Education may use other methods, such as public advertisement for bids and bidding, provided they follow the district and State purchasing rules.

Q: How does the bid threshold work?  Is the threshold on a per vendor basis (i.e., all purchases from the nonpublic schools are aggregated by the district and bid out), so the bid threshold applies to the aggregated amount rather than on a per nonpublic school basis?

A: As of July 1, 2015, the statutory bid limit is $40,000 for districts with a qualified purchasing agent (QPA) and $29,000 for districts without a QPA.  This means that any specific item, class of items, and/or services of a similar nature, purchased by the school district Board of Education  totaling in the aggregate more than $40,000 ($29,000) for the entire year, must be competitively advertised for bid. This restriction is for the entire district and not by location or schools. (Refer to N.J.S.A. 18A:18A-8 Contracts not to be divided).
Refer to the public bidding thresholds on the Department of Community Affairs website.
Local Public Contracts Law and the Public School Contracts Law

Bid Threshold	Bid Threshold	Quotation Threshold
LPCL Units without QPAs	$17,500	$2,625
PSCL Units without QPAs	$29,000	$4,350
LPCL & PSCL Units with QPAs	$40,000	$6,000

QPA= Qualified Purchasing Agent

Q: Can nonpublic schools participate in joint purchasing agreements that exist between districts?

A: N.J.S.A. 18A:18A-11 was amended by P.L.2013, c.262 effective Jan. 17, 2014 to permit a joint purchasing agreement between the boards of education of two or more school districts to include as a participating body a nonpublic school located within the municipalities that comprise those school districts.

Q: Where can I find information on the list of state-approved vendors?

A:  The Department of Treasury's Term Contracts and Price Lists webpage contains the list of approved vendors. It should be noted that nonpublic schools do not have to follow state purchasing regulations. The indicated pricing should be used for informational purposes only as vendors may not adhere to quotes listed when doing business directly with a nonpublic school. The Department of Treasury's Doing Business With the Division of Purchase and Property webpage contains information on becoming a state approved vendor.

Auxiliary & Remedial Services (Chapter 192/193)

Implementation, processes and eligibility

Q: Is the district required to keep the original 407-1 forms and supporting documentation for record-keeping purposes?

A: Yes, the district is required either to have access to an electronic version of the forms and supporting documentation or keep the original 407-1 forms and supporting documentation for audit purposes.

Q: Is the district required to keep the original 407-1 forms and supporting documentation for record-keeping purposes?

A: Yes, the district is required either to have access to an electronic version of the forms and supporting documentation or keep the originals for audit purposes.

Q: When providing Ch. 192/193 services to eligible nonpublic school students, to what extent does the nonpublic school administrator have control over whether the services are provided as push-in or pull-out?

A: The nonpublic school administrator does not have input into the decision over whether the services are delivered as push-in or pull-out. This decision is made by the district/service provider based on the Individual Student Improvement Plan (Ch. 192) and the Service Plan (Ch. 193), which is prepared by the Service Plan Team and includes the student's parent.

Q: If a student enters a nonpublic school from a public school district, what is the established level of proficiency on the PARRC that allows the student to be eligible for support in language arts literacy and/or mathematics through Chapter 192 services?

A: If a student enters a nonpublic school from a public school district prior to October 1, the nonpublic school may use the scores from the previous spring's New Jersey statewide testing program.  A student is determined 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 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.

Please see the Guidance for Chapter 192 & 193 Programs for additional information on student eligibility.

Accommodations for standardized tests

Q: Can student accommodations, such as extended time on standardized tests, be included in the New Jersey Department of Education (NJDOE) Service Plan, which is completed for students who receive services under Ch. 193 and IDEA?

A: No. The purpose of the NJDOE Service Plan is to document the services that are identified by the child study team and administered by the service provider to eligible students through state and/or federally funded programs, Ch. 193 and IDEA. A service provider may be called upon to provide any of the services specified in the Service Plan. Therefore, the NJDOE Service Plan is not the appropriate vehicle to document a student accommodation such as extended time on standardized tests, as it would not be provided by a service provider paid with either state or federal funds.

Accommodations that may be provided by classroom teachers or others, such as test proctors, are outside the Ch. 193 and IDEA service provider’s purview; these may be documented on a form provided by the nonpublic school. Nonpublic schools and parents should contact the standardized test publisher directly to inquire about the requirements for receiving student accommodations. For tests published by The College Board, instructions on how to request accommodations are provided on their website.

Child Study Team

Q: Must each Child Study Team (CST) member involved in the evaluation process possess the requisite expertise and appropriate certification related to their function on the CST? For example, can the educational assessment be conducted by a psychologist who does not have an LDT-C (Learning Disabilities Teacher-Consultant) certificate?

A: Generally, LDT-Cs conduct the educational assessments and school psychologists administer the educational assessment. Doctorate level school psychologists may have received the training necessary to conduct educational assessments. Note that N.J.A.C.:14.1 et seq. does not state that only LDT-Cs are allowed to conduct the educational assessment. It only requires that a certified Learning Disabilities (LD) teacher be part of the CST. It would be up to the district to determine if the school psychologist is trained to conduct educational assessments, most likely through a review of transcripts.  Those holding a master’s degree have not received that training and cannot conduct educational assessments. It is the obligation of the district to ensure staff have the required training to conduct assessments.

In some instances, students are administered a “psychoeducational” assessment and this can be completed by a school psychologist. Including a psychoeducational assessment as part of an initial evaluation does not relieve the district of the requirement that an initial evaluation be conducted by a multi-disciplinary team of professionals consisting of a minimum of two members of the child study team.

Relevant Code Citation: N.J.A.C. 6A:14-3.1 General requirements

Child study team members shall include a school psychologist, a learning disabilities teacher-consultant and a school social worker…

1. Each member of the child study team shall perform only those functions that are within the scope of their professional license (where applicable) and certification issued by the New Jersey Department of Education.

Q: Is a report from a psychologist or a nurse practitioner acceptable to determine the classification of Other Health Impaired (OHI)? Or must the medical assessment come from a medical doctor?

A: The medical assessment may be conducted by a physician or nurse practitioner who is qualified to diagnose/treat those conditions and similar ones referred to in the administrative code.

Q: Must a neurological assessment be conducted by a medical doctor? Are there any other qualified professionals that are allowed to conduct such an assessment for determining eligibility?

A: The administrative code does not speak directly to neurological assessments. N.J.A.C. 6A:14-3.4(f) requires “an initial evaluation shall consist of a multi-disciplinary assessment in all areas of suspected disability. Such evaluation shall include at least two assessments and shall be conducted by at least two members of the child study team in those areas in which they have appropriate training or are qualified through their professional licensure or educational certification and other specialists in the area of disability as required or as determined necessary.”  It would be the CST’s decision as to who would be qualified to conduct a neurological assessment.

Teacher Evaluation Requirements

Q: Are Educational Services Commissions and Special Services School Districts required to evaluate their Chapter 192 and 193 teachers according to the parameters specified in AchieveNJ?

A: Yes. All certified, tenured or tenure-track teachers are required to be evaluated through AchieveNJ.  Since Chapter 192/193 teachers aren't traditional classroom teachers, student growth objectives (SGOs) should focus on program implementation, such as levels of intervention and teacher-student communication.  For more information on AchieveNJ, visit the AchieveNJ website or email questions to Educatorevaluation@doe.nj.gov.

State Funding and Reporting for Services

Q: Must a student's service plan be amended if the funding source for the provision of services changes from federal (IDEA) to state (Chapter 193) or vice versa?

A: Yes, if the service plan does not correctly reflect the funding source for the services, then the service plan must be amended.  Note that the funding sources for the services for a particular student should be discussed during the consultation process so that amendments to service plans can be avoided.

Q: Can a district seek reimbursement under Chapter 193 for an identification meeting where a determination was made not to conduct an initial evaluation to determine eligibility for special education and related services?

A: No, an identification meeting that does not result in a child being evaluated to determine eligibility for special education and related services is not eligible for reimbursement through Chapter 193 funds.

Q: If a reevaluation planning meeting is conducted and a decision is made that no additional student assessment is needed to determine continued eligibility, can the district receive funding for this reevalution under Chapter 193?

A: No, in order to qualify for Chapter 193 funding, both a reevalution and an initial evaluation must include at least two assessments.  

Q: If a parent provides an evaluation completed by an outside agency to the child study team, and the CST determines to accept that evaluation, does that accepted evaluation count as one of the two assessments required for payment for an initial evaluation or reevaluation?

A: Yes.

Q: What is the appropriate district funding category under Chapter 193 for an evaluation to determine eligibility for speech and language services only? 

A: The appropriate district funding category under Chapter 193 for an evaluation to determine eligibility for speech and language services only is the "speech correction" funding amount provided in N.J.S.A. 18A:46-19.8. 

Q: Can an evaluation of speech-only students be funded as an "initial evaluation or reevaluation for examination and classification"? 

A: No, The evaluation of speech-only students may not be funded as "initial evaluation or reevaluation for examination and classification," as the "speech correction" funds include both evaluation and services for speech correction.

Note: If available, IDEA funds may be used to provide the speech correction services, thus allowing the state's full per-pupil dollar amount for speech correction to be expended on the speech-only evaluations. The use of IDEA funds must be discussed separately during the consultation process between the school district and the nonpublic school. Funding for evaluation (initial, reevaluation, annual evaluation and speech-only evaluation) to determine eligibility for special education services is provided only through Chapter 193 and not through IDEA, while all other special education services for nonpublic school students must be provided through IDEA funds before 193 funds are expended.

If a student (resident or nonresident) is referred for an initial evaluation or reevaluation to determine eligibility for special education programs and services, including speech, then the "initial evaluation or reevaluation" funding amount should be used. The full child study team, including a speech-language specialist, must be convened.

Q: May a district use Chapter 193 funds to provide for an evaluation, to determine eligibility for speech and language services only, for a nonpublic student who is not a resident of New Jersey?

A: Yes, and as with students who are residents of New Jersey, the appropriate district funding category under Chapter 193 for an evaluation to determine eligibility for speech and language services only for a nonpublic student who is not a resident of New Jersey is the "speech correction" funding amount provided in N.J.S.A. 18A:46-19.8.

Q: May a district use Chapter 193 funds to provide speech and language services for a nonpublic student who is not a resident of New Jersey?

A: No.

Declination of Chapter 193 Services

Q: If a nonpublic school student is found eligible for special education and related services as a result of an evaluation through Chapter 193 and the parents/guardian decline services, what are the responsibilities of the school district with regard to the development of a service plan and documentation of the student's eligibility?

A: Since the student was found eligible for special education and related services, the school district of location is required to document this by reporting the student in NJSMART, through SID Management, as a student who is eligible, but is not receiving, services.  No service plan should be developed if the student will not be receiving any federal or state funded services,  however, an annual review must be conducted because the student remains eligible, pursuant to N.J.A.C. 6A:14-3.7(i).  Additionally, a reevaluation must be completed within three years (or sooner if requested by the parents/guardian or teacher) to determine if the student continues to be eligible for services, in accordance with N.J.A.C. 14-3.8(a).

Q: In the case of a parent's declination of Ch. 193 and IDEA services, no service plan would be developed because the student will not receive state or federally funded services. The student, however, remains eligible for services and, therefore, is eligible for annual evaluation and re-evaluation every three years, in accordance with N.J.A.C. 6A:14-3.7(i) and 6A:14-3.8(a), respectively. In such a scenario, who is responsible for initiating the annual reviews and the re-evaluations: the parent, the nonpublic school, the service provider or the district?

A: The district or the service provider (as specified in the contract) is responsible for initiating the annual reviews and re-evaluations, and, in accordance with N.J.A.C. 6A:14-2.3(a), must obtain parental consent by ensuring a 407-1 form is completed before any review is conducted. If the parent fails to submit a 407-1 form documenting consent, the district is no longer required to conduct the evaluation.

The annual reviews and re-evaluations must be initiated by the district/service provider for as long as the student remains eligible. The student is no longer eligible for services when the parent/guardian revokes consent for such services, in accordance with N.J.A.C. 6A:14-2.3(c), or the child study team declassifies the student due to not meeting the eligibility criteria.

Chapters 192 and 193 Additional Funding

Q: What is Chapters 192/193 additional funding?

A: Chapters 192 and 193 additional funding may be provided to serve additional nonpublic school students who have been identified as needing these services after the annual funding allocations have been set. Legislation enacted in 1984 permits districts to request additional funding when the present funding level is insufficient to provide services for the additional students identified.

Q: How do I obtain additional funding for Chapters 192/193?

A: Additional funding for Chapters 192/193 must be requested through the online application at http://homeroom.state.nj.us/. The application is ADDL - Ch 192-193 Funding Statement and Additional Funding Request.

Q: How are Chapters 192/193 additional funding requests funded?

A: Unexpended Chapters 192/193 entitlements from the prior school year, refunded to the Department of Education, are the funding source for additional funding requests in the current school year. The Department's ability to provide additional funding is dependent upon the availability of prior year refunds.

Q: What is the deadline for submitting additional funding requests each month?

A: Please see the current fiscal year's Chapter 192-193 Additional Funding Monthly Proration Table.

Unexpended Nonpublic School Funds

Q: What happens to unexpended nonpublic school funds?

A: The NJDOE collects refunds through a state aid payment deduction process according to the information submitted on your current fiscal year's Nonpublic School Project Completion Report (NPCR). To access the Nonpublic School Project Completion Report, go the NJDOE Homeroom and select "NPCR". Please do not send a refund check to the NJDOE-- it will be returned.

Nursing Services for Nonpublic Schools

Q: What are the requirements for providing nursing services to nonpublic school(s) located in my district?

A: Please refer to the Nonpublic School Health Services page of the Nonpublic School website where you will find the nursing services reporting requirements, guidance, relevant statute and code and other related resources.

Q: Must a nonpublic school that declines state funded basic nursing services comply with the state public health laws and regulations that apply to all nonpublic schools in the state?

A: Yes. All nonpublic schools in the state must comply with all applicable state public health laws and regulations regardless of whether the nonpublic school receives or declines state funding for basic nursing services. Please see the following New Jersey statutes and regulations that pertain specifically to immunization against disease of children attending a New Jersey school: N.J.S.A. 26:1A-7, -9 and N.J.A.C. 8:57-4 et seq. Visit the Department of Health website for more information on requirements.

N.J.S.A. 26:1A-7 states in part, “the State Sanitary Code may cover any subject affecting public health, or the preservation and improvement of public health and the prevention of disease in the State of New Jersey, including the immunization against disease of all school children in the State of New Jersey.”

N.J.S.A. 26:1A-9 states in part, “every person, organization or board of education having control of any public or private school in this State shall insure compliance with the State Sanitary Code as it pertains to the immunization against disease of children attending or having the right to attend such school, including any provision of the code which prohibits attendance by a child who has not been immunized.”

N.J.A.C. 8:57-4.1 (Applicability) states, “This subchapter shall apply to all children attending any public or private school, child care center, nursery school, preschool or kindergarten in New Jersey.”

N.J.A.C. 8:57-4.2 (Proof of Immunization) states, “A principal, director or other person in charge of a school, preschool, or child care facility shall not knowingly admit or retain any child whose parent or guardian has not submitted acceptable evidence of the child’s immunization, according to the schedules specified in this subchapter. Exemptions to this requirement are identified at N.J.A.C. 8:57-4.3 and 4.4.”

N.J.A.C. 8:57-4.7 (Records required) states, “Every school, preschool, or child-care center shall maintain an official State of New Jersey School Immunization Record for every pupil. This record shall include the date of each immunization and shall be separated from the child’s educational record and other medical records for purpose of immunization record audit.”

N.J.A.C. 8:57-4.9 (Records available for inspection) states, “Each school, preschool, and child care center shall maintain records of their children’s immunization status. Upon 24 hour notice, these records shall be made available for inspection by authorized representatives of the Department of Health and Senior Services or the local board of health in whose jurisdiction the school or child care center is located.”

Q: Can a district purchase equipment and supplies with state nonpublic nursing funds for a nonpublic school that are not directly related to the provision of student health services?

A: Nonpublic state nursing funds can be used to purchase equipment/supplies, as long as equipment/ supplies purchased directly support the provision of the basic nursing services and additional medical services (if applicable) at the nonpublic school. With regard to the equipment, N.J.A.C. 6A:16-2.5(c)3 states equipment comparable to that in use in the school district may be purchased by the school district to loan without charge to the nonpublic school.

In the case of supplies, N.J.A.C. 6A:16-2.5(c)4 states supplies comparable to those in use in the school district and transportation costs may be charged to the funds allocated for each participating nonpublic school, provided that they are directly related to the provision of the required basic nursing and any additional medical services that are provided.

Examples include but are not limited to:

• Allowable expenses for equipment:
• purchase or loan of software and hardware to produce and maintain student health documentation.
• Examples of allowable expenses for supplies:
• purchase of immunization cards for student records
• stamps used for mailing notices to parents regarding immunizations
• Epipens
• Defibrillators

Textbooks

Q: How is the annual funding for the Nonpublic School Textbook Program calculated?

A: The Nonpublic School Textbook Program administrative code references the district's expenditure of aid for textbooks, as follows:

6A:23A-20.2 Responsibility of the district board of education
A district board of education shall distribute to all students on an equitable basis existing book stocks and newly purchased textbooks purchased pursuant to N.J.S.A. 18A:58-37.1 et seq. A district board of education shall not discriminate against students in either public or nonpublic schools.
18A:58-37.6 Expenditure of aid for textbooks.

State aid provided pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.) may be expended for the purchase and loan of textbooks for public school pupils in an amount which shall not exceed the State average budgeted textbook expense for the prebudget year per pupil in resident enrollment.  Nothing contained herein shall prohibit a board of education in any district from purchasing textbooks in excess of the amounts provided pursuant to this act.

Q: Are the funds expended by school districts for the purchase of e-books and related courseware included in the calculation used to determine the annual funding amount that nonpublics receive for the Nonpublic School Textbook Program?

A: Yes, the Minimum Chart of Accounts, which is used to record the annual expenditures of each school district, provides the following instructions regarding textbooks:

Textbooks are recorded under object 640 and include expenditures for books, textbooks, courseware, or other content-based instructional materials in electronic format, furnished free to students and required as a primary source of study material intended to implement a major part of a state or local curriculum. Textbooks also includes binding and other textbook repairs; and freight of textbooks. Teacher editions of textbooks are considered instructional supplies.

All school districts are required to follow the Uniform Chart of Accounts (N.J.A.C. 6A:23A-16.1). Districts use the chart of accounts to develop their annual budgets and record their financial transactions.

Q: Does the district calculation for textbook expenditures include local funds in addition to state funding?

A: Yes, the calculation for textbooks expended by school districts includes both local and state funds. (There is no distinction made between the use of state and local funds in school district budget line items.)

Consultation Requirements

Q: Is the district responsible for informing and consulting with the nonpublic school(s) regarding the allocation of entitlement funds?

A: Yes. The district must consult with the nonpublic school(s) located in the district prior to the start of school to: 1) inform them of their funding entitlements and 2) ensure understanding of their needs regarding nursing services, technology, textbooks, security and Chapters 192/193 services.

Student Transcripts

Q: How can I get a transcript from a nonpublic school that has closed?

A: The NJDOE does not keep student records. Student records for nonpublic schools should be kept with the nonpublic school and transferred to another known location once the school closes. If the nonpublic school was run by an organization such as a church or synagogue, contact that organization to find out if they have records.

Student Transportation

Q: Where can I find information on matters related to nonpublic school transportation?

A: Please see the Frequently Asked Questions related to student transportation on the Office of Finance's webpage.

Basic Skills, ESL, Speech Services, Home Instruction and Supplementary Instruction

Q: What state programs are available to provide my child with extra help?

A: State programs are available to eligible nonpublic students who need extra help in math, language arts, speech, ESL services, home instruction, and supplementary instruction. Detailed information about these programs can be found in the Guidance for Chapter 192 & 193 Programs.

Federal Programs for Eligible Nonpublic School Students

Q: What federal programs are available to provide my child with extra help?

A: The following federal programs are available to eligible nonpublic school students:

• IDEA Part B
• NJDOE Office of Special Education Implementation of IDEA
• Q & A on Serving Children with Disabilities
• ESSA Nonpublic Equitable Services
  • Title I Equitable Participation of Nonpublic Students
  • Title II A
  • Title III

Allegations of Bullying and Harassment

Q: Does the Anti-Bullying Bill of Rights Act (ABR) (P.L. 2010, c.122) apply to students and staff in nonpublic schools?

A: No, it does not. The NJDOE does not have the authority to address allegations of bullying or harassment in nonpublic schools. Rather, this is a matter that should be addressed with the administration of the school.

Parent Complaints and NJDOE Regulatory Authority

Q: Does the NJDOE have the authority to intervene in matters of nonpublic school internal policy and parental disputes that do not pertain to a state or federally funded nonpublic program?

A: No. The NJDOE regulates the provision of state and federally funded programs to students in nonpublic schools. The NJDOE does not have the authority to intervene in matters of internal policy or parental disputes that are unrelated to the provision of these programs.

Cooperative Sports Programs between Nonpublic Schools and School Districts

Q: Can my child who attends a nonpublic school participate in the athletic programs of the public school in which he/she resides.

A: No. The bylaws of the New Jersey State Interscholastic Athletic Association (NJSIAA) state: "A public school can only enter into Cooperative Sports Programs with another public school while nonpublic schools can only enter into such programs with another non-public school." The NJSIAA bylaws can be found at http://www.njsiaa.org/.

Home Schooling

Q: Where can I find more information about the laws related to homeschooling in New Jersey?

A: The NJDOE does not accredit or certify any homeschooling programs in the state. Please see the NJDOE's Frequently Asked Questions document for detailed information on the laws related to homeschooling in New Jersey.