The Charter LEA Chief Executive Officer (CEO) or designee of an elementary Charter LEA shall notify a high school LEA of all children placed in NPS/NPA programs prior to the annual review of the IEP for each child who may transfer to the secondary LEA (Title 5 of the California Code of Regulations § 3068) . When a child with a disability meets the Charter LEA requirements for completion of the prescribed course of study as designated in his/her IEP, the Charter LEA, which developed the IEP, shall award the diploma (Title 5 of the California Code of Regulations § 3069) . Children with disabilities shall be able to participate in their Charter LEA’s graduation ceremony. Section B – Out-of-State Placements Before contracting with a NPS/NPA outside California, the Charter LEA shall document the Charter LEA’s efforts to find an appropriate program offered by a NPS/NPA within California (Education Code § 56365) . NOTE: Government Code § 7572.55 and Welfare and Institutions Code §§ 362.2 and 727.i, as amended by SB 933 (Ch. 311, Statutes of 1998) relate to the out-of- state placement of children who are seriously emotionally disturbed and/or wards of the court. Such placements may be made only after in-state alternatives have been considered and found not to meet the child’s needs. Within 15 days of any decision for an out-of-state placement, the child’s IEP team shall submit to the CDE Superintendent of Public Instruction a report with information about the services provided by the out-of-state program, the related costs, and the Charter LEA’s efforts to locate an appropriate public school or NPS/NPA within California (Education Code § 56365) . The Charter LEA may seek guidance from the Charter SELPA and/or the CDE NPS/NPA unit. If the Charter LEA decides to place a child with a NPS/NPA outside the state, the Charter LEA shall indicate the anticipated date of the child’s return to a placement within California, and shall document efforts during the previous year to return the child to California (Education Code § 56365) . Section C – Placement Procedures The Charter LEA CEO or designee shall review all documented efforts to utilize all public school options prior to utilizing a NPS/NPA. NPS/NPA services are provided when the needs of a child are more intensive than can be met in the public school setting. All program options and modifications should be exhausted prior to an IEP team recommending consideration of a NPS/NPA placement. The Charter LEA shall review the Master Contract, ISA, and the IEP to ensure that all services agreed upon and specified in the IEP are provided. The Charter LEA/ will process referrals and locate an appropriate NPS to meet the child’s needs. The Charter SELPA may assist in the review of the master contract(s) to verify legal compliance and vendor certification prior to the Charter LEA entering into contracts for services and/or collaborate with the Charter LEA to locate an appropriate NPS. Each Charter LEA is encouraged to use the Master Contract template and ISA template adopted by the Charter SELPA. Charter SELPA administration will ensure that the Master Contract has been approved by the California Association of Health and Education Linked Professions, Joint
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Chapter 13 – Nonpublic Agency/Nonpublic School Services, Charter SELPA As of 09/14/2018 CAHELP Steering Committee Review
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