Official Site of The State of New Jersey
Suggested Processing of 407-1 Forms for Chapter 192 and 193 Services
Note: This document is designed as a useful reference tool for districts and providers, and is not intended as a substitute for review of and compliance with the comprehensive guidance in the New Jersey Department of Education's (NJDOE) Chapters 192 and 193 Guidelines (PDF).
School districts retain complete responsibility for administering and overseeing the Chapter 192/193 program and ensuring students receive the appropriate services, pursuant to N.J.S.A. 18A:46A-1 et seq., N.J.S.A. 18A:46-19.1 et seq. and N.J.A.C. 6A:14-6.2 et seq., regardless of whether they contract with a third-party provider or provide the services directly.
The suggested process described on this page assumes that the school district is contracting with a service provider to process 407-1 forms and related documentation and provide Chapter 192/193 services to nonpublic school students. Alternatively, the school district may choose to perform all or some of the administrative functions and/or provide the student services directly; in this case, the school district will perform some or all of the functions of both provider and school district described herein. Each service provider and school district may have its own processes. Providers and school districts should work together on the processes they will use to facilitate communication, 407-1 processing and timely service delivery to students.
For Chapter 192 and 193 services:
- A new 407-1 form for each student must be completed and submitted each year before services can be provided
- A separate 407-1 must be filled out for each type of service requested.
The general process for school districts using a third-party provider to process 407-1 forms and deliver services might look as follows:
1. Nonpublic School
- Get 407-1 forms from parents or guardians.
- Ensure nonpublic school and student information is complete.
- Complete Services Requested section of 407-1 forms.
- Send forms to service provider
2. Service Provider
- Ensure 407-form and documentation meet requirements.
- Deliver original 407-1 to public school district for sign off (or providers signs, as specified in contract, and sends 407-1 forms to district).
- Send monthly detailed statement of students receiving services (for billing purposes).
- Retainds student documention while services are provided, as specified in contract (must be available to district upon request).
3. Public School District
- Signs and dates Disposition section of 407-1 (or provider signs on behalf of district, as specified in contract).
- Receives monthly detailed statement of students receiving services (for billing purposes).
- Provides student documentation to district and NJDOE auditors when requested.
The nonpublic school should transmit the bulk of the signed student applications and eligibility documentation to either the local school district or service provider (according to the instructions from the school district) no later than June 30 for services in the upcoming school year. Any applications received after this date should be sent to the school district/provider as soon as possible. A separate application must be provided for each service. Student applications cannot include requests for multiple services.
Sign off on 407-1 forms may be delayed when additional funds are requested for the student because such payments are made by the NJDOE on a monthly basis. Refer to the Recommended Timeline: Chapter 192 and 193.
For billing purposes, the provider should send the school district a monthly detailed statement of the students receiving services.
The school district will determine if the provider has the authority to sign the disposition section of the 407-1 form in lieu of the school district. The authority given should be detailed in the contract between the school district and third-party provider. If the school district signs off on the forms, it should do so within five working days after receipt, except in cases when additional funding is requested, as noted above. In the event that funding is not available and a request for additional funding is necessary, school districts must confirm available funding before signing off on the 407-1 forms and authorizing providers to begin providing services.
The school district should receive the original 407-1 forms and a detailed statement of students receiving services before making payment for services to the provider. The NJDOE’s Office of Nonpublic Services has created a 192/193 tracking spreadsheet that school districts may use to keep track of each nonpublic student and service, including documentation provided, service dates, and vendor billing dates.
For record-keeping and audit purposes, the school district is responsible for maintaining and providing for the security of all records of nonpublic school students receiving services in accordance with N.J.A.C. 6A:32-7.1 et seq. If the school district contracts with a service provider, the service provider may retain student records as specified in the contract with the school district while services are being provided. The Chapter 192/193 original student records must be returned to the school district when the programs are terminated and the student is no longer eligible for services. In addition, the school district must provide all the student documentation (either hard copy or electronic) to the auditor when requested.
Note for Districts with More than 10,000 Nonpublic Students Receiving Services
Districts with more than 10,000 nonpublic students receiving services may use a more flexible processing timeline so long as it does not cause undue delay in the delivery of services to students.
Nonpublic students receiving Chapter 193 services must be entered into the school district’s student management system the same way district-enrolled students are entered. In compliance with federal and state reporting requirements, students receiving Chapter 193 services must be entered into NJSLEDS.
Evaluation and Determiniation of Eligibility for Services
New Jersey Administrative Code states that specific timing requirements be met in serving students under Chapter 193 evaluation and determination of eligibility for services (E&D).
1. Initial Evaluation
The child study team shall meet within 20 days of the receipt of the 407-1 to determine whether an initial evaluation is needed. After parental consent for initial evaluation has been received, the evaluation, determination of eligibility for services and, if eligible, development and implementation of the service plan (similar to IEP for nonpublic students) for the student shall be completed within 90 calendar days.
2. Reevaluation
Reevaluation shall be completed within 60 days of the date the parent provides consent for the assessments to be conducted as part of the reevaluation, or before three years from the completion of the prior evaluation or reevaluation, whichever occurs sooner.
Supplemental Instruction
If the student is evaluated by a child study team and found eligible for supplemental instruction, a separate 407-1 form with the required service plan documentation (electronic access or hard copy of program description and related services pages) must be provided for the student to receive services. Given the need to begin supplemental instruction shortly after evaluation, the 407-1 for supplemental instruction must be approved quickly.
Language Evaluation or Services
The 407-1 application form is for the parent/guardian to request speech-language evaluation or services for his/her child, when the student requires speech-language evaluation or services only (no other 193 evaluation or services are being requested or provided).
If a student is evaluated and found eligible for speech-language services, a separate 407-1 with the required service plan documentation must be provided for the student to receive services; however, if the provider evaluates for speech and the student is found eligible for services, the provider may bill for either the evaluation or the service, not both. Funding is provided to the district for either the speech evaluation or the services.
Districts may request additional funding when the present funding level is insufficient to provide services for the additional students identified. The district can use the Chapter 192/193 tracking spreadsheet (found in the Resources box on this page) to determine if the number of services approved exceeds the number of services funded for the year, as submitted by the district in the Report of Nonpublic Auxiliary and Handicapped Services. If the number of services exceeds the approved amount, the district needs to request additional funding. For more information, see the CH192/193 Funding Statement and Additional Funding Request (ADDL link in NJDOE Homeroom).
The school district must maintain and provide for the security of the Chapter 192/193 records of nonpublic school students receiving services in accordance with New Jersey records retention policy N.J.A.C. 6A:32-7.1 et seq. Records should be retained for seven years as specified in New Jersey’s records retention policy. If the public school district contracts with a service provider, the service provider may retain student records while services are being provided. The district must maintain the original 407-1 forms, but all other files for the students may be maintained at the service provider until nonpublic services have been terminated. At that time, all files must be sent to the public districts. The provider should retain a copy of the cover page of the student’s service plan (SP) and 407-1 form for record-keeping purposes. Regardless of the agency maintaining student records, they must be made accessible to auditors.