NPS Certification and LEA Requirements

General Information

  1. The NPS shall meet those standards as prescribed in federal and state statutes and regulations pertaining to special education. An NPS shall also meet standards as prescribed by the State Superintendent of Public Instruction (SSPI) and the SBE.
  2. It is the intent of the Legislature that the role of the NPS shall be maintained and continue to serve as an alternative special education service available to districts, special education local plan areas (SELPAs), county offices of education, and parent(s)/guardian(s).
  3. An NPS shall not claim and is not entitled to receive reimbursement for attendance unless:
  4. It is under contract with a public education agency (i.e., school district, SELPA, or county office of education) pursuant to the provision of EC 56366(c); and
  5. The site location where the student is receiving special education or designated instruction and services has been certified by the California Department of Education (CDE).
  6. Students supported by federal and state education funds shall have been previously identified as eligible to receive a specially designed education and related services by the public education agency where the pupil resides (a school district or county office of education) and where the pupil has a current individualized education program (IEP). The IEP is a plan developed between the local public school district and the parent(s) or guardian(s), along with a participant from the NPS, to decide the types of services each student needs.
  7. An NPS that is located outside California is eligible for certification pursuant to EC 56366.1, only if a pupil is enrolled in a program operated by that school pursuant to the recommendation of an IEP team in California and that pupil's parent(s) or guardian(s) reside in California.
  8. "Nonsectarian" means a nonpublic school or agency that is not owned, operated, controlled by, or formally affiliated with a religious group or sect, whatever might be the actual character of the education program or the primary purpose of the facility.
Master Contract (California Education Code Section 56366)

Pursuant to EC 56366, the contracting local educational agency (LEA) and the NPS shall enter into a written agreement (master contract) to specify the general administrative and financial agreements in providing education and related services (including transportation) to special education students in accordance with the pupil’s IEP.

This written agreement also shall include procedures for record keeping and documentation and the maintenance of school records by the contracting LEA to ensure that the student receives appropriate high school graduation credits

Certification Standards (California Education Code Section 56366 [d])

No master contract for special education and related services provided by an NPS shall be authorized under this part unless a school has been certified as meeting those standards relating to the required special education and specified related services and facilities for individuals with exceptional needs. The certification shall result in the school receiving approval to educate special needs students enrolled in California's public school system

Individual Services Agreement (California Education Code Section 56366 [a][2A])

EC 56366 requires the contracting LEA and the NPS to have an individual services agreement (ISA) in place for each student receiving special education and related services. The ISA is similar to a prescription in that it specifies the type or duration of services to be provided by the NPS, as specified by the student’s IEP

Instruction and Curriculum (California Education Code Section 56366.10)

An NPS should not accept a pupil with exceptional needs if it cannot provide or ensure the provision of services as outlined in the pupil's IEP. Education and related services must be in alignment with the student's IEP. As required by law, students shall receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). Students with exceptional needs receiving services from an NPS must have access to the educational materials, services, and programs that are consistent with each student’s IEP. In this regard, and consistent with each student’s IEP, the nonpublic, nonsectarian school must:

  1. Provide pupils in kindergarten through eighth grade with state-adopted, standards-based core curriculum, and instructional materials. Provide pupils from ninth through twelfth grade with standards-based, core curriculum, and instructional materials used by any LEA that contracts with the NPS (California schools only).
  2. All pupils should have their own individual copy of textbooks and other instructional materials used to support the standards-based core curriculum in each subject taught for each grade level as required by the California Education Code.
  3. Provide access to college preparation courses.
  4. Provide extracurricular activities, such as art, sports, music, and academic clubs.
  5. As appropriate, provide career preparation and vocational training, consistent with transition plans pursuant to state and federal laws.
  6. As appropriate, provide supplemental assistance, including individual academic tutoring, psychological counseling, and career and college counseling.
Application Review Process

The CDE will make a determination on an application within 120 days of submission of the online application and will certify, conditionally certify, or deny certification to the applicant. If the CDE fails to take one of these actions within 120 days, the applicant is automatically granted conditional certification for a period terminating on August 31 of the current school year. If certification is denied, the CDE shall provide reasons for the denial.

The SSPI shall annually review the certification of each NPS. For this purpose, a certified school shall annually update its application between August 1 and October 31.

Validation Review–California Schools Only

A new applicant is subject to a validation review prior to the issuance of certification. The intention of the validation is to review the program's operational standards, instructional materials, and school facility. If the operational standards do not meet current requirements, certification may be denied or issued conditionally with corrective actions required.

If the applicant meets all application requirements, it will receive a three month conditional certification. During those three months, the NPS will be scheduled for an on-site review.

Conditional certification authorizes the new NPS to begin contracting with school districts to provide appropriate special education and related services for students.

On-site Review

As part of the certification process, the CDE shall conduct an on-site review of the facility and program for which the applicant seeks approval.

Advance preparation for the on-site review is encouraged. After the on-site review is scheduled, a confirmation letter and copy of the on-site review document will be sent to the school. It is suggested that the school conduct a self-evaluation prior to the on-site review and be prepared to respond to each item on the review document.

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