Policy – Category 6000 (Instruction) BP 6002 – Nonpublic Agency/Nonpublic School Services
provisions of the contract shall also include procedures for record keeping and documentation, and the maintenance of school records by the contracting Charter LEA to ensure that appropriate high school graduation credit is received by the child. The contract may allow for partial or full-time attendance at the NPS ( Education Code § 56366 ). NOTE: The NPS/NPA must be certified as meeting state standards pursuant to Education Code § 56366 . Contracts may be terminated for cause with 20 days’ notice; however, the availability of a public education program initiated during the period of the contract cannot give cause for termination unless the parent agrees to transfer the child to the program. The Master Contract shall include a description of the process being utilized by the Charter LEA to oversee and evaluate placements in a NPS. This description shall include a method for evaluating whether the child is making appropriate educational progress ( Education Code § 56366 ). All costs for services through the NPS/NPA are the responsibility of the Charter LEA. 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. 3.0 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 DMCS and/or the CDE NPS/NPA unit.
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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