Policy – Category 6000 (Instruction) BP 6002 – Nonpublic Agency/Nonpublic School Services
Every attempt will be made to assure student progress so that a child may ultimately be able to return to some form of public-school program. It is the Charter LEA’s responsibility to monitor the progress of children placed in NPS programs. The SELPA Program Manager for Compliance shall act as a liaison between the DMCS, the Charter LEA, and the NPS as needed. Children with disabilities may be enrolled concurrently in both public and NPS services, provided one is the major enrollment and the other is supplemental. This determination will be made by the Charter LEA IEP team based upon the educational needs of the child and will be provided only when this arrangement best meets these needs. The Charter LEA will consider nonpublic placement and/or services for all children who require such services in order to benefit from their educational program as determined by the IEP team. In order to ensure that the child is being provided such a program within the Least Restrictive Environment (LRE), the IEP team shall utilize such NPS/NPA services only after exploring all public-school program alternatives. 2.0 Placement and Services Procedures specified in law shall govern the selection of appropriate NPS/NPA services. NOTE: As amended in Register 99, No. 13, Title 5 of the California Code of Regulations §§ 3060 and 3061 specify new requirements regarding special education classes offered in nonpublic, nonsectarian schools and agencies. These requirements detail the staffing requirements for instructors, including the credentials that instructors must hold; the eligibility requirements for such credentials; and the number of instructors required per school or agency. Pursuant to Title 5 of the California Code of Regulations § 3064 , the California Department of Education (CDE) may issue conditional certifications to allow agencies and schools time to comply with the new requirements. Charter LEAs needing to place a child with disabilities into a NPS and/or NPA shall develop a contract with the NPS/NPA independent of the DMCS. Charter LEAs are encouraged to use the DMCS NPS/NPA Master Contract as a template with the insertion of the Charter LEA name and the NPS/NPA. Master Contracts with a NPS/NPA shall include an Individual Service Agreement (ISA) negotiated for each child. ISAs shall be for the length of time for which NPS/NPA services are specified in the child’s IEP, not to exceed one year. Changes in educational instruction, services, or placement shall be made based only on revisions to the child’s IEP ( Education Code § 56366 ). NOTE: Additional requirements related to contracts and personnel with NPS/NPA are specified in Education Code §§ 56366 and 56366.3 . The Master Contract shall specify the general administrative and financial agreements between the NPS/NPA and the Charter LEA to provide the special education and related services, as well as transportation specified in the child’s IEP. The administrative
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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