Policy – Category 6000 (Instruction) BP 6002 – Nonpublic Agency/Nonpublic School Services
including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school shall also meet standards as prescribed by the Superintendent and board. California Education Code § 56035. “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupil’s educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board. California Education Code § 56366. It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special education service available to a local educational agency and parents. Nonpublic, nonsectarian school (NPS) services can be used when the resources available to the Charter LEA staff are not sufficient to adequately identify the child’s needs. When a Charter LEA places a child with a disability with a NPS/NPA provider, the Charter LEA must verify through the DMCS that the NPS/NPA provider is California Department of Education (CDE) certified. NPS/NPA must meet the following CDE standards: • The agency has adequately trained personnel;
• The agency has appropriate facilities and equipment; and • The agency meets health, fire, and safety standards.
The SELPA Program Manager for Compliance/Non-Public School Coordinator will annually monitor NPS’ for compliance with the provisions set forth in Assembly Bill (AB) 1858. AB 1858 includes requirements for NPS’ that provide special education and related services to children with disabilities residing in a Licensed Children’s Institution (LCI) or in Foster Family Homes (FFH).
BP 6002 – Nonpublic Agency/Nonpublic School Services
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/18)
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