Policy – Category 6000 (Instruction)
BP 6003 – Nonpublic Schools and Agencies
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.
4.0
Out-of-State Placements
Before contracting with a NPS/NPA outside California, the LEA/DMSELPA 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 no t 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 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 ).
5.0
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/DMSELPA 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/DMSELPA will process referrals and locate an appropriate NPS to meet the child’s needs. The DMSELPA may assist and/or collaborate with the LEA to locate an appropriate NPS.
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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