may issue conditional certifications to allow agencies and schools to comply with the new requirements. 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 LEA/SELPA to provide the special education and related services, as well as transportation specified in the child’s IEP. The administrative provisions of the contract shall also include procedures for record keeping and documentation, and the maintenance of school records by the contracting LEA/SELPA 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 LEA/SELPA 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 ). The LEA superintendent or designee of an elementary 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 high school LEA ( Title 5 of the California Code of Regulations § 3068 ). When a child with a disability meets the LEA requirements for completion of the prescribed course of study as designated in his/her IEP, the 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 LEA’s graduation ceremony. Section C – Out-of-State Placements Before contracting with a NPS/NPA outside California, the LEA/SELPA shall document the 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.
Chapter 18 – Nonpublic Schools and Agencies, Desert/Mountain SELPA As of 9/17/2018 CAHELP Governance Council Review/Approval
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