Within 15 days of any decision for an out-of-state placement, the child’s IEP team shall submit to the California Department of Education (CDE) Superintendent of Public Instruction a report with information about the services provided by the out-of-state program, the related costs, and the LEA’s efforts to locate an appropriate public school or NPS/NPA within California ( Education Code § 56365 ). If the LEA decides to place a child with a NPS/NPA outside the state, the 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 D – Placement Procedures The 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 LEA/SELPA shall review the Master Contract, ISA, and the IEP to ensure that all services agreed upon and specified in the IEP are provided. The LEA/SELPA will process referrals and locate an appropriate NPS to meet the child’s needs. The SELPA may assist and/or collaborate with the LEA to locate an appropriate NPS. Each LEA agrees to use the Master Contract and ISA adopted by the SELPA. SELPA administration will ensure that the Master Contract has been approved by the California Association of Health and Education Linked Professions, Joint Powers Authority (CAHELP JPA) Governance Council and/or legal counsel and is updated per federal or state requirements. NPS’ are required by the Master Contract and the IEP team to annually evaluate the child (formally and informally) to determine if the child is making appropriate educational progress. As part of the IEP review process, each LEA that contracts with a NPS shall evaluate the placement of its student(s) in such a school on at least an annual basis. The LEA representative shall collaboratively review the NPS evaluation data to ensure that the results are appropriate, reliable, and valid for measuring student progress. The LEA may determine to conduct the evaluation(s) and/or choose to administer additional assessments with parental consent. Section E – Children Residing in Group Homes/Foster Homes LEAs within the SELPA have an obligation to place children who are homeless or who are foster children in school as required under the McKinney-Vento Education for Homeless Children and Youths Program. Under McKinney-Vento, these children must be provided access to a free appropriate public education (FAPE) and other services needed without following standard enrollment practices. No proof of residency, immunization records, tuberculosis skin-test results, school records, or legal guardianship papers are required for a child under McKinney-Vento to receive educational services. This process will also apply to Administrative Transfers into the LEA from a LEA, NPS, or county-operated programs. The following are guidelines that LEAs should
Chapter 18 – Nonpublic Schools and Agencies, Desert/Mountain SELPA As of 9/17/2018 CAHELP Governance Council Review/Approval
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