Policy – Category 6000 (Instruction)
BP 6003 – Nonpublic Schools and Agencies
• Must be documented that the service is required for the child to benefit from an educational program; and
• All public resources must be exhausted and proven inappropriate.
3.0
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 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 IE P, 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/DMSELPA 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/DMSELPA 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/DMSELPA 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 ).
BP 6003 – Nonpublic Schools and Agencies
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/18)
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