56360. Each special education local plan area shall ensure that a
continuum of program options is available to meet the needs of
individuals with exceptional needs for special education and related
services, as required by the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating
thereto.
56361. The continuum of program options shall include, but not
necessarily be limited to, all of the following or any combination of
the following:
(a) Regular education programs consistent with subparagraph (A) of
paragraph (5) of subsection (a) of Section 1412 of Title 20 of the
United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364.2.
(e) Nonpublic, nonsectarian school services pursuant to Section
56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially
designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and
settings other than classrooms where specially designed instruction
may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the
home, in hospitals, and in other institutions to the extent required
by federal law or regulation.
56361.2. All special education and related services for any
individual with exceptional needs who is younger than three years of
age shall be provided pursuant to Chapter 4.4 (commencing with
Section 56425).
56361.5. (a) In addition to the continuum of program options listed
in Section 56361, a local educational agency may contract with a
hospital to provide designated instruction and services, as defined
in subdivision (b) of Section 56363, required by the individual with
exceptional needs, as specified in the individualized education
program. However, a local educational agency shall not contract with
a sectarian hospital for instructional services. A local educational
agency shall contract with a hospital for designated instruction and
services required by the individual with exceptional needs only when
no appropriate public education program is available.
For purposes of this section, "hospital" means a health care
facility licensed by the State Department of Health Care Services.
(b) Contracts with hospitals pursuant to subdivision (a) shall be
subject to the procedures prescribed in Sections 56365, 56366, and
56366.5.
56362. (a) The resource specialist program shall provide, but not
be limited to, all of the following:
(1) Provision for a resource specialist or specialists who shall
provide instruction and services for those pupils whose needs have
been identified in an individualized education program developed by
the individualized education program team and who are assigned to
regular classroom teachers for a majority of a schoolday.
(2) Provision of information and assistance to individuals with
exceptional needs and their parents.
(3) Provision of consultation, resource information, and material
regarding individuals with exceptional needs to their parents and to
regular staff members.
(4) Coordination of special education services with the regular
school programs for each individual with exceptional needs enrolled
in the resource specialist program.
(5) Monitoring of pupil progress on a regular basis, participation
in the review and revision of individualized education programs, as
appropriate, and referral of pupils who do not demonstrate
appropriate progress to the individualized education program team.
(6) Emphasis at the secondary school level on academic
achievement, career and vocational development, and preparation for
adult life.
(b) The resource specialist program shall be under the direction
of a resource specialist who is a credentialed special education
teacher, or who has a clinical services credential with a special
class authorization, who has had three or more years of teaching
experience, including both regular and special education teaching
experience, as defined by rules and regulations of the Commission on
Teacher Credentialing, and who has demonstrated the competencies for
a resource specialist, as established by the Commission on Teacher
Credentialing.
(c) Caseloads for resource specialists shall be stated in the
local policies developed pursuant to Section 56195.8 and in
accordance with regulations established by the board. No resource
specialist shall have a caseload which exceeds 28 pupils.
(d) Resource specialists shall not simultaneously be assigned to
serve as resource specialists and to teach regular classes.
(e) Resource specialists shall not enroll a pupil for a majority
of a schoolday without approval by the pupil's individualized
education program team.
(f) At least 80 percent of the resource specialists within a local
plan shall be provided with an instructional aide.
56362.1. For the purposes of Section 56362, "caseload" shall
include, but not be limited to, all pupils for whom the resource
specialist performs any of the services described in subdivision (a)
of Section 56362.
56362.5. By July 1982, the Commission on Teacher Credentialing
shall adopt rules and regulations for a resource specialist
certificate of competence. The certificate shall provide all the
following:
(a) Definition of the competencies required of a resource
specialist.
(b) Provision for a system of direct application to the commission
for a certificate of competence for each teacher who holds a valid
special education credential, other than an emergency credential, and
who satisfies any one of the following criteria:
(1) Provided instruction and services as specified in subdivision
(a) of Section 80070.1 of Title 5 of the California Administrative
Code as it read immediately prior to July 28, 1980, for two years
prior to September 1, 1981.
(2) Provided instruction and services as specified in subdivision
(b) of Section 80070.2 of Title 5 of the California Administrative
Code as it read immediately prior to July 28, 1980, for two years
prior to June 30, 1983.
(c) Provision for the issuance, for up to three years, of a
preliminary nonrenewable certificate of competence for the resource
specialist, and adoption of the standards for the issuance and
continuing validity of such a certificate.
(d) Establishment of a system for verification of competencies
through both of the following:
(1) Commission on Teacher Credentialing approved institution of
higher education resource specialist certificate program.
(2) Commission on Teacher Credentialing approved competency
assessment panels for resource specialist certification.
(e) Cooperation with the department in implementing these
provisions.
Notwithstanding any other provision of law, any person who held a
preliminary resource specialist certificate of competence on January
28, 1982, and who met the requirements for a clear resource
specialist certificate of competence as specified in paragraph (1) of
subdivision (b) may be issued a clear resource specialist
certificate of competence upon submission of a completed application,
but without any additional fee.
56362.7. (a) The Legislature recognizes the need for specially
trained professionals to assess and serve pupils of limited English
proficiency. This is particularly true of pupils with exceptional
needs or pupils with suspected disabilities.
(b) The commission shall develop a bilingual-crosscultural
certificate of assessment competence for those professionals who may
participate in assessments for placements in special education
programs. The certificate shall be issued to holders of appropriate
credentials, certificates, or authorizations who demonstrate, by
written and oral examination, all of the following:
(1) That the person is competent in both the oral and written
skills of a language other than English.
(2) That the person has both the knowledge and understanding of
the cultural and historical heritage of the
limited-English-proficient individuals to be served.
(3) That the person has the ability to perform the assessment
functions the candidate is certified or authorized to perform in
English and in a language other than English.
(4) That the person has knowledge of the use of instruments and
other assessment techniques appropriate to evaluate
limited-English-proficient individuals with exceptional needs and
ability to develop appropriate data, instructional strategies,
individualized education programs, and evaluations.
(c) Certificates of bilingual-crosscultural competence for special
education professionals who implement individual education plans
requiring bilingual services shall be granted by the commission
pursuant to Section 44253.7.
(d) It is not the intent of the Legislature in enacting this
section that possession of any certificate established by this
section be a state-mandated requirement for employment or continued
employment. It is the intent that this is a matter for local
educational agencies to determine.
56363. (a) As used in this part, the term "designated instruction
and services" means "related services" as that term is defined in
Section 1401(26) of Title 20 of the United States Code and Section
300.34 of Title 34 of the Code of Federal Regulations. The term
"related services" means transportation, and such developmental,
corrective, and other supportive services (including speech-language
pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work services,
school nurse services designed to enable an individual with
exceptional needs to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling, orientation
and mobility services, and medical services, except that such
medical services shall be for diagnostic and evaluation purposes
only) as may be required to assist an individual with exceptional
needs to benefit from special education, and includes the early
identification and assessment of disabling conditions in children.
(b) These services may include, but are not limited to, the
following:
(1) Language and speech development and remediation. The language
and speech development and remediation services may be provided by a
speech-language pathology assistant as defined in subdivision (f) of
Section 2530.2 of the Business and Professions Code.
(2) Audiological services.
(3) Orientation and mobility services.
(4) Instruction in the home or hospital.
(5) Adapted physical education.
(6) Physical and occupational therapy.
(7) Vision services.
(8) Specialized driver training instruction.
(9) Counseling and guidance services, including rehabilitation
counseling.
(10) Psychological services other than assessment and development
of the individualized education program.
(11) Parent counseling and training.
(12) Health and nursing services, including school nurse services
designed to enable an individual with exceptional needs to receive a
free appropriate public education as described in the individualized
education program.
(13) Social worker services.
(14) Specially designed vocational education and career
development.
(15) Recreation services.
(16) Specialized services for low-incidence disabilities, such as
readers, transcribers, and vision and hearing services.
(17) Interpreting services.
(c) The terms "designated instruction and services" and "related
services" do not include a medical device that is surgically
implanted, including cochlear implants, the optimization of the
functioning of a medical device, maintenance of that device, or the
replacement of that device, pursuant to Section 300.34(b) of Title 34
of the Code of Federal Regulations. In accordance with Section
300.34(b) of Title 34 of the Code of Federal Regulations, nothing in
this subdivision shall do any of the following:
(1) Limit the right of an individual with exceptional needs with a
surgically implanted device, including a cochlear implant, to
receive related services or designated instruction and services that
are determined by the individualized education program team to be
necessary for the individual to receive a free appropriate public
education.
(2) Limit the responsibility of a local educational agency to
appropriately monitor and maintain medical devices that are needed to
maintain the health and safety of the individual, including
breathing, nutrition, or operation of other bodily functions, while
the individual is transported to and from school or is at school.
(3) Prevent the routine checking of an external component of a
surgically implanted device to make sure it is functioning properly,
as required by Section 300.113(b) of Title 34 of the Code of Federal
Regulations.
56363.1. A local educational agency is not required to purchase
medical equipment for an individual pupil. However, the local
educational agency is responsible for providing other specialized
equipment for use at school that is needed to implement the
individualized education program. For purposes of this section,
"medical equipment" does not include an assistive technology device,
as defined in Section 1401(1) of Title 20 of the United States Code.
56363.3. The average caseload for language, speech, and hearing
specialists in special education local plan areas shall not exceed 55
cases, unless the local plan specifies a higher average caseload and
the reasons for the greater average caseload.
56363.5. Local educational agencies may seek, either directly or
through the pupil's parents or guardians, reimbursement from
insurance companies to cover the costs of related services, in
accordance with Section 300.154(d) to (h), inclusive, of the Code of
Federal Regulations.
56364.1. Notwithstanding the provisions of Section 56364.2, pupils
with low incidence disabilities may receive all or a portion of their
instruction in the regular classroom and may also be enrolled in
special classes taught by appropriately credentialed teachers who
serve these pupils at one or more schoolsites. The instruction shall
be provided in a manner which is consistent with the guidelines
adopted pursuant to Section 56136 and in accordance with the
individualized education program.
56364.2. (a) Special classes that serve pupils with similar and
more intensive educational needs shall be available. The special
classes may enroll pupils only when the nature or severity of the
disability of the individual with exceptional needs is such that
education in the regular classes with the use of supplementary aids
and services, including curriculum modification and behavioral
support, cannot be achieved satisfactorily. These requirements also
apply to separate schooling, or other removal of individuals with
exceptional needs from the regular educational environment.
(b) In providing or arranging for the provision of activities,
each public agency shall ensure that each individual with exceptional
needs participates in those activities with nondisabled pupils to
the maximum extent appropriate to the needs of the individual with
exceptional needs, including nonacademic and extracurricular services
and activities. Special classes shall meet standards adopted by the
board.
(c) This section shall only apply to special education local plan
areas that have had a revised local plan approved pursuant to Section
56836.03.
56365. (a) Services provided by nonpublic, nonsectarian schools, as
defined pursuant to Section 56034, and nonpublic, nonsectarian
agencies, as defined pursuant to Section 56035, shall be made
available. These services shall be provided pursuant to Section
56366, and in accordance with Section 300.146 of Title 34 of the Code
of Federal Regulations, under contract with the local educational
agency to provide the appropriate special educational facilities,
special education, or designated instruction and services required by
the individual with exceptional needs if no appropriate public
education program is available.
(b) Pupils enrolled in nonpublic, nonsectarian schools and
agencies under this section shall be deemed to be enrolled in public
schools for all purposes of Chapter 4 (commencing with Section 41600)
of Part 24 and Section 42238. The local educational agency shall be
eligible to receive allowances under Articles 3 (commencing with
Section 56836.165) and 4 (commencing with Section 56836.20) of
Chapter 7.2 for services that are provided to individuals with
exceptional needs pursuant to the contract.
(c) If the state participates in the federal program of assistance
for state-operated or state-supported programs for individuals with
exceptional needs (P.L. 89-313, Sec. 6), pupils enrolled in
nonpublic, nonsectarian schools shall be deemed to be enrolled in
state-supported institutions for all purposes of that program and
shall be eligible to receive allowances under Chapter 7.2 (commencing
with Section 56836) for supplemental services provided to
individuals with exceptional needs pursuant to a contract with a
local educational agency. In order to participate in the federal
program, the state shall find that participation will not result in
any additional expenditures from the General Fund.
(d) The local educational agency shall pay to the nonpublic,
nonsectarian school or agency the full amount of the tuition for
individuals with exceptional needs that are enrolled in programs
provided by the nonpublic, nonsectarian school pursuant to the
contract.
(e) Before contracting with a nonpublic, nonsectarian school or
agency outside of this state, the local educational agency shall
document its efforts to utilize public schools or to locate an
appropriate nonpublic, nonsectarian school or agency program, or
both, within the state.
(f) If a local educational agency places a pupil with a nonpublic,
nonsectarian school or agency outside of this state, the pupil's
individualized education program team shall submit a report to the
Superintendent within 15 days of the placement decision. The report
shall include information about the special education and related
services provided by the out-of-state program placement and the costs
of the special education and related services provided, and shall
indicate the efforts of the local educational agency to locate an
appropriate public school or nonpublic, nonsectarian school or
agency, or a combination thereof, within the state. The
Superintendent shall submit a report to the board on all placements
made outside of this state.
(g) If a local educational agency decides to place a pupil with a
nonpublic, nonsectarian school or agency outside of this state, that
local educational agency shall indicate the anticipated date for the
return of the pupil to a public or nonpublic, nonsectarian school or
agency placement, or a combination thereof, located in the state and
shall document efforts during the previous placement year to return
the pupil.
(h) In addition to meeting the requirements of Section 56366.1, a
nonpublic, nonsectarian school or agency that operates a program
outside of this state shall be certified or licensed by that state to
provide, respectively, special education and related services and
designated instruction and related services to pupils under the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.).
(i) A nonpublic, nonsectarian school or agency that is located
outside of this state is eligible for certification pursuant to
Section 56366.1 only if a pupil is enrolled in a program operated by
that school or agency pursuant to the recommendation of an
individualized education program team in California, and if that
pupil's parents or guardians reside in California.
(j) In accordance with Section 300.147(b) and (c) of Title 34 of
the Code of Federal Regulations, the department shall disseminate
copies of applicable standards to each nonpublic, nonsectarian school
and nonpublic, nonsectarian agency to which a local educational
agency has referred or placed an individual with exceptional needs
and shall provide an opportunity for those nonpublic, nonsectarian
schools and nonpublic, nonsectarian agencies to participate in the
development and revision of state standards that apply to those
entities.
56366. It is the intent of the Legislature that the role of a
nonpublic, nonsectarian school or agency shall be maintained and
continued as an alternative special education service available to a
local educational agency and parents.
(a) The master contract for nonpublic, nonsectarian school or
agency services shall be developed in accordance with the following
provisions:
(1) The master contract shall specify the general administrative
and financial agreements, including teacher-to-pupil ratios, between
the nonpublic, nonsectarian school or agency and the local
educational agency to provide the special education and designated
instruction and services, as well as transportation specified in each
pupil's individualized education program. The administrative
provisions of the contract also shall include procedures for
recordkeeping and documentation, and the maintenance of school
records by the contracting local educational agency to ensure that
appropriate high school graduation credit is received by each pupil.
The contract may allow for partial or full-time attendance at the
nonpublic, nonsectarian school.
(2) (A) The master contract shall include an individual services
agreement for each pupil placed by a local educational agency that
will be negotiated for the length of time for which nonpublic,
nonsectarian school or agency special education and designated
instruction and services are specified in the pupil's individualized
education program.
(B) The master contract shall include a description of the process
being utilized by the local educational agency to oversee and
evaluate placements in nonpublic, nonsectarian schools, as required
by federal law. This description shall include a method for
evaluating whether each pupil is making appropriate educational
progress. At least once every year, the local educational agency
shall do all of the following and, to the extent possible, the
following shall be conducted as part of the development and provision
of an individualized education program:
(i) Evaluate the educational progress of each pupil placed in a
nonpublic, nonsectarian school, including all state assessment
results pursuant to the requirements of Section 52052.
(ii) Consider whether or not the needs of the pupil continue to be
best met at the nonpublic, nonsectarian school and whether changes
to the individualized education program of the pupil are necessary,
including whether the pupil may be transitioned to a public school
setting. This consideration shall be made at the meeting required by
subdivision (d) of Section 56343.
(C) In the case of a nonpublic, nonsectarian school that is owned,
operated by, or associated with a licensed children's institution,
the master contract shall include a method for evaluating whether the
nonpublic, nonsectarian school is in compliance with the mandate set
forth in Section 56366.9 of this code and subdivision (b) of Section
1501.1 of the Health and Safety Code.
(3) Changes in educational instruction, services, or placement
provided under contract may only be made on the basis of revisions to
a pupil's individualized education program.
At any time during the term of the contract or individual services
agreement, the parent, the nonpublic, nonsectarian school or agency,
or the local educational agency may request a review of a pupil's
individualized education program by the individualized education
program team. Changes in the administrative or financial agreements
of the master contract that do not alter the individual services
agreement that outlines each pupil's educational instruction,
services, or placement may be made at any time during the term of the
contract as mutually agreed by the nonpublic, nonsectarian school or
agency and the local educational agency.
(4) The master contract or individual services agreement may be
terminated for cause. The cause shall not be the availability of a
public class initiated during the period of the contract unless the
parent agrees to the transfer of the pupil to a public school
program. To terminate the contract either party shall give 20 days'
notice.
(5) The nonpublic, nonsectarian school or agency shall provide all
services specified in an individualized education program, unless
the nonpublic, nonsectarian school or agency and the local
educational agency agree otherwise in the contract or individual
services agreement.
(6) Related services provided pursuant to a nonpublic,
nonsectarian agency master contract shall only be provided during the
period of a pupil's regular or extended school year program, or
both, unless otherwise specified by the pupil's individualized
education program.
(7) The nonpublic, nonsectarian school or agency shall report
attendance of pupils receiving special education and designated
instruction and services, as defined by Section 46307, for purposes
of submitting a warrant for tuition to each contracting local
educational agency.
(8) (A) A nonpublic, nonsectarian school is subject to the
alternative accountability system developed pursuant to Section 52052
in the same manner as public schools and each pupil placed in the
nonpublic, nonsectarian school by a local educational agency shall be
tested by qualified staff of the nonpublic, nonsectarian school in
accordance with that accountability program. The test results shall
be reported by the nonpublic, nonsectarian school to the department.
(B) Beginning with the 2006-07 school year testing cycle, each
nonpublic, nonsectarian school shall determine its STAR testing
period subject to subdivisions (b) and (c) of Section 60640. The
nonpublic, nonsectarian school shall determine this period based on
completion of 85 percent of the instructional year at that nonpublic,
nonsectarian school, plus and minus 10 days, resulting in a 21-day
period. Each nonpublic, nonsectarian school shall notify the district
of residence of a pupil enrolled in the school of its testing
period. Staff at the nonpublic, nonsectarian school who administer
the assessments shall attend the regular testing training sessions
provided by the district of residence. If staff from a nonpublic,
nonsectarian school have received training from one local educational
agency, that training will be sufficient for all local educational
agencies that send pupils to the nonpublic, nonsectarian school. The
district of residence shall order testing materials for its pupils
that have been placed in the nonpublic, nonsectarian school. The
board shall adopt regulations to facilitate the distribution of and
collection of testing materials.
(9) With respect to a nonpublic, nonsectarian school, the school
shall prepare a school accountability report card in accordance with
Section 33126.
(b) The master contract or individual services agreement shall not
include special education transportation provided through the use of
services or equipment owned, leased, or contracted by a local
educational agency for pupils enrolled in the nonpublic, nonsectarian
school or agency unless provided directly or subcontracted by that
nonpublic, nonsectarian school or agency.
The superintendent shall withhold 20 percent of the amount
apportioned to a local educational agency for costs related to the
provision of nonpublic, nonsectarian school or agency placements if
the superintendent finds that the local educational agency is in
noncompliance with this subdivision. This amount shall be withheld
from the apportionments in the fiscal year following the
superintendent's finding of noncompliance. The superintendent shall
take other appropriate actions to prevent noncompliant practices from
occurring and report to the Legislature on those actions.
(c) (1) If a pupil is enrolled in a nonpublic, nonsectarian school
or agency with the approval of the local educational agency prior to
agreement to a contract or individual services agreement, the local
educational agency shall issue a warrant, upon submission of an
attendance report and claim, for an amount equal to the number of
creditable days of attendance at the per diem tuition rate agreed
upon prior to the enrollment of the pupil. This provision shall be
allowed for 90 days during which time the contract shall be
consummated.
(2) If after 60 days the master contract or individual services
agreement has not been finalized as prescribed in paragraph (1) of
subdivision (a), either party may appeal to the county superintendent
of schools, if the county superintendent is not participating in the
local plan involved in the nonpublic, nonsectarian school or agency
contract, or the superintendent, if the county superintendent is
participating in the local plan involved in the contract, to
negotiate the contract. Within 30 days of receipt of this appeal, the
county superintendent or the superintendent, or his or her designee,
shall mediate the formulation of a contract, which shall be binding
upon both parties.
(d) A master contract for special education and related services
provided by a nonpublic, nonsectarian school or agency may not be
authorized under this part, unless the school or agency has been
certified as meeting those standards relating to the required special
education and specified related services and facilities for
individuals with exceptional needs. The certification shall result in
the school or agency receiving approval to educate pupils under this
part for a period no longer than 18 months from the date of the
initial approval.
(e) By September 30, 1998, the procedures, methods, and
regulations for the purposes of contracting for nonpublic,
nonsectarian school and agency services pursuant to this section and
for reimbursement pursuant to Sections 56836.16 and 56836.20 shall be
developed by the superintendent in consultation with statewide
organizations representing providers of special education and
designated instruction and services. The regulations shall be
established by rules and regulations issued by the board.
56366.1. (a) A nonpublic, nonsectarian school or agency that seeks
certification shall file an application with the Superintendent on
forms provided by the department and include the following
information on the application:
(1) A description of the special education and designated
instruction and services provided to individuals with exceptional
needs if the application is for nonpublic, nonsectarian school
certification.
(2) A description of the designated instruction and services
provided to individuals with exceptional needs if the application is
for nonpublic, nonsectarian agency certification.
(3) A list of appropriately qualified staff, a description of the
credential, license, or registration that qualifies each staff member
rendering special education or designated instruction and services
to do so, and copies of their credentials, licenses, or certificates
of registration with the appropriate state or national organization
that has established standards for the service rendered.
(4) An annual operating budget.
(5) Affidavits and assurances necessary to comply with all
applicable federal, state, and local laws and regulations that
include criminal record summaries required of all nonpublic,
nonsectarian school or agency personnel having contact with minor
children under Section 44237.
(b) (1) The applicant shall provide the special education local
plan area in which the applicant is located with the written
notification of its intent to seek certification or renewal of its
certification. The applicant shall submit on a form, developed by the
department, a signed verification by local educational agency
representatives that they have been notified of the intent to certify
or renew certification. The verification shall include a statement
that representatives of the local educational agency for the area in
which the applicant is located have had the opportunity to review the
application at least 60 calendar days prior to submission of an
initial application to the Superintendent, or at least 30 calendar
days prior to submission of a renewal application to the
Superintendent. The signed verification shall provide assurances that
local educational agency representatives have had the opportunity to
provide input on all required components of the application.
(2) If the applicant has not received a response from the local
educational agency 60 calendar days from the date of the return
receipt for initial applications or 30 calendar days from the date of
the return receipt for renewal applications, the applicant may file
the application with the Superintendent. A copy of the return receipt
shall be included with the application as verification of
notification efforts to the local educational agency.
(3) The department shall mail renewal application materials to
certified nonpublic, nonsectarian schools and agencies at least 120
days prior to the date their current certification expires.
(c) If the applicant operates a facility or program on more than
one site, each site shall be certified.
(d) If the applicant is part of a larger program or facility on
the same site, the Superintendent shall consider the effect of the
total program on the applicant. A copy of the policies and standards
for the nonpublic, nonsectarian school or agency and the larger
program shall be available to the Superintendent.
(e) Prior to certification, the Superintendent shall conduct an
onsite review of the facility and program for which the applicant
seeks certification. The Superintendent may be assisted by
representatives of the special education local plan area in which the
applicant is located and a nonpublic, nonsectarian school or agency
representative who does not have a conflict of interest with the
applicant. The Superintendent shall conduct an additional onsite
review of the facility and program within three years of the
effective date of the certification, unless the Superintendent
conditionally certifies the school or agency or unless the
Superintendent receives a formal complaint against the school or
agency. In the latter two cases, the Superintendent shall conduct an
onsite review at least annually.
(f) The Superintendent shall make a determination on an
application within 120 days of receipt of the application and shall
certify, conditionally certify, or deny certification to the
applicant. If the Superintendent fails to take one of these actions
within 120 days, the applicant is automatically granted conditional
certification for a period terminating on August 31 of the current
school year. If certification is denied, the Superintendent shall
provide reasons for the denial. The Superintendent may certify the
school or agency for a period of not longer than one year.
(g) Certification becomes effective on the date the nonpublic,
nonsectarian school or agency meets all the application requirements
and is approved by the Superintendent. Certification may be
retroactive if the school or agency met all the requirements of this
section on the date the retroactive certification is effective.
Certification expires on December 31 of the terminating year.
(h) The Superintendent annually shall review the certification of
each nonpublic, nonsectarian school and agency. For this purpose, a
certified school or agency annually shall update its application
between August 1 and October 31, unless the board grants a waiver
pursuant to Section 56101. The Superintendent may conduct an onsite
review as part of the annual review.
(i) (1) The Superintendent shall conduct an investigation of a
nonpublic, nonsectarian school or agency onsite at any time without
prior notice if there is substantial reason to believe that there is
an immediate danger to the health, safety, or welfare of a child. The
Superintendent shall document the concern and submit it to the
nonpublic, nonsectarian school or agency at the time of the onsite
investigation. The Superintendent shall require a written response to
any noncompliance or deficiency found.
(2) With respect to a nonpublic, nonsectarian school, the
Superintendent shall conduct an investigation, which may include an
unannounced onsite visit, if the Superintendent receives evidence of
a significant deficiency in the quality of educational services
provided, a violation of Section 56366.9, or noncompliance with the
policies expressed by subdivision (b) of Section 1501 of the Health
and Safety Code by the nonpublic, nonsectarian school. The
Superintendent shall document the complaint and the results of the
investigation and shall provide copies of the documentation to the
complainant, the nonpublic, nonsectarian school, and the contracting
local educational agency.
(3) Violations or noncompliance documented pursuant to paragraph
(1) or (2) shall be reflected in the status of the certification of
the school, at the discretion of the Superintendent, pending an
approved plan of correction by the nonpublic, nonsectarian school.
The department shall retain for a period of 10 years all violations
pertaining to certification of the nonpublic, nonsectarian school or
agency.
(j) The Superintendent shall monitor the facilities, the
educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service,
the standards-based core curriculum being employed, and the
standard-focused instructional materials used, of an existing
certified nonpublic, nonsectarian school or agency on a three-year
cycle, as follows:
(1) The nonpublic, nonsectarian school or agency shall complete a
self-review in year one.
(2) The Superintendent shall conduct an onsite review of the
nonpublic, nonsectarian school or agency in year two.
(3) The Superintendent shall conduct a followup visit to the
nonpublic, nonsectarian school or agency in year three.
(k) (1) Notwithstanding any other provision of law, the
Superintendent shall not certify a nonpublic, nonsectarian school or
agency that proposes to initiate or expand services to pupils
currently educated in the immediate prior fiscal year in a juvenile
court program, community school pursuant to Section 56150, or other
nonspecial education program, including independent study or adult
school, or both, unless the nonpublic, nonsectarian school or agency
notifies the county superintendent of schools and the special
education local plan area in which the proposed new or expanded
nonpublic, nonsectarian school or agency is located of its intent to
seek certification.
(2) The notification shall occur no later than the December 1
prior to the new fiscal year in which the proposed or expanding
school or agency intends to initiate services. The notice shall
include the following:
(A) The specific date upon which the proposed nonpublic,
nonsectarian school or agency is to be established.
(B) The location of the proposed program or facility.
(C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community school, or
other nonspecial education program, the current school services
including special education and related services provided for these
pupils, and the specific program of special education and related
services to be provided under the proposed program.
(D) The reason for the proposed change in services.
(E) The number of staff who will provide special education and
designated instruction and services and hold a current valid
California credential or license in the service rendered.
(3) In addition to the requirements in subdivisions (a) to (f),
inclusive, the Superintendent shall require and consider the
following in determining whether to certify a nonpublic, nonsectarian
school or agency as described in this subdivision:
(A) A complete statement of the information required as part of
the notice under paragraph (1).
(B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency, including
information related to changes in the population to be served and the
services to be provided pursuant to each pupil's individualized
education program.
(4) Notwithstanding any other provision of law, the certification
becomes effective no earlier than July 1 if the school or agency
provided the notification required pursuant to paragraph (1).
(l) (1) Notwithstanding any other provision of law, the
Superintendent shall not certify or renew the certification of a
nonpublic, nonsectarian school or agency, unless all of the following
conditions are met:
(A) The entity operating the nonpublic, nonsectarian school or
agency maintains separate financial records for each entity that it
operates, with each nonpublic, nonsectarian school or agency
identified separately from any licensed children's institution that
it operates.
(B) The entity submits an annual budget that identifies the
projected costs and revenues for each entity and demonstrates that
the rates to be charged are reasonable to support the operation of
the entity.
(C) The entity submits an entitywide annual audit that identifies
its costs and revenues, by entity, in accordance with generally
accepted accounting and auditing principles. The audit shall clearly
document the amount of moneys received and expended on the education
program provided by the nonpublic, nonsectarian school.
(D) The relationship between various entities operated by the same
entity are documented, defining the responsibilities of the
entities. The documentation shall clearly identify the services to be
provided as part of each program, for example, the residential or
medical program, the mental health program, or the educational
program. The entity shall not seek funding from a public agency for a
service, either separately or as part of a package of services, if
the service is funded by another public agency, either separately or
as part of a package of services.
(2) For purposes of this section, "licensed children's institution"
has the same meaning as it is defined by Section 56155.5.
(m) The school or agency shall be charged a reasonable fee for
certification. The Superintendent may adjust the fee annually
commensurate with the statewide average percentage inflation
adjustment computed for revenue limits of unified school districts
with greater than 1,500 units of average daily attendance if the
percentage increase is reflected in the district revenue limit for
inflation purposes. For purposes of this section, the base fee shall
be the following:
(1) 1-5 pupils................ $ 300
(2) 6-10 pupils............... 500
(3) 11-24 pupils.............. 1,000
(4) 25-75 pupils.............. 1,500
(5) 76 pupils and over........ 2,000
The school or agency shall pay this fee when it applies for
certification and when it updates its application for annual renewal
by the Superintendent. The Superintendent shall use these fees to
conduct onsite reviews, which may include field experts. No fee shall
be refunded if the application is withdrawn or is denied by the
Superintendent.
(n) (1) Notwithstanding any other provision of law, only those
nonpublic, nonsectarian schools and agencies that provide special
education and designated instruction and services utilizing staff who
hold a certificate, permit, or other document equivalent to that
which staff in a public school are required to hold in the service
rendered are eligible to receive certification. Only those nonpublic,
nonsectarian schools or agencies located outside of California that
employ staff who hold a current valid credential or license to render
special education and related services as required by that state
shall be eligible to be certified.
(2) The board shall develop regulations to implement this
subdivision.
(o) In addition to meeting the standards adopted by the board, a
nonpublic, nonsectarian school or agency shall provide written
assurances that it meets all applicable standards relating to fire,
health, sanitation, and building safety.
56366.2. (a) A local educational agency, nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency may petition the
Superintendent to waive one or more of the requirements under
Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state
the reasons for the waiver request, and shall include the following:
(1) Sufficient documentation to demonstrate that the waiver is
necessary to the content and implementation of a specific pupil's
individualized education program and the pupil's current placement.
(2) The period of time that the waiver will be effective during
any one school year.
(3) Documentation and assurance that the waiver does not abrogate
any right provided to individuals with exceptional needs and their
parents or guardians under state or federal law, and does not hinder
the compliance of a local educational agency with the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to
those acts.
(b) No waiver shall be granted for reimbursement of those costs
prohibited under Article 4 (commencing with Section 56836.20) of
Chapter 7.2 of Part 30 or for the certification requirements pursuant
to Section 56366.1 unless approved by the board pursuant to Section
56101.
(c) In submitting the annual report on waivers granted under
Section 56101 and this section to the board, the Superintendent shall
specify information related to the provision of special education
and related services to individuals with exceptional needs through
contracts with nonpublic, nonsectarian schools and agencies located
in the state, nonpublic, nonsectarian school and agency placements in
facilities located out of state, and the specific section waived
pursuant to this section.
56366.3. (a) No contract for special education and related services
provided by a nonpublic, nonsectarian agency shall be reimbursed by
the state pursuant to Article 4 (commencing with Section 56836.20) of
Chapter 7.2 and Section 56836.16 if the contract covers special
education and related services, administration, or supervision by an
individual who is or was an employee of a contracting local
educational agency within the last 365 days. Former contracting
agency personnel may be employed by a nonpublic, nonsectarian agency
if the personnel were involuntarily terminated or laid off as part of
necessary staff reductions from the local educational agency.
(b) This section does not apply to any person who is able to
provide designated instruction and services during the extended
school year because he or she is otherwise employed for up to 10
months of the school year by the local educational agency.
56366.4. (a) The Superintendent may revoke or suspend the
certification of a nonpublic, nonsectarian school or agency for any
of the following reasons:
(1) Violation of an applicable state or federal rule or
regulation, or aiding, abetting, or permitting the violation of an
applicable state or federal rule or regulation.
(2) Falsification or intentional misrepresentation of an element
of the application, pupil records, or program presented for
certification purposes.
(3) Conduct in the operation or maintenance of the nonpublic,
nonsectarian school or agency that is harmful to the health, welfare,
or safety of an individual with exceptional needs.
(4) Failure to comply with a provision in the contract with the
local educational entity.
(5) Failure to notify the department in writing of any of the
following within 45 days of the occurrence:
(A) Changes in credentialed, licensed, or registered staff who
render special education and related services, ownership, management,
or control of the nonpublic, nonsectarian school or agency.
(B) Major modification or relocation of facilities.
(C) Significant modification of the nonpublic, nonsectarian school
or agency program.
(6) Failure to implement recommendations and compliance
requirements following an onsite review of the school or agency.
(7) Failure to provide appropriate services, supplies, equipment,
or facilities for a pupil as required in his or her individualized
education program.
(8) Failure to notify the Superintendent in writing within 10 days
of the revocation or suspension of a license or permit, including,
but not limited to, a residential care license, business license, or
other required license or permit.
(9) Failure to implement a pupil's individualized education
program.
(10) Failure to notify the Superintendent in writing within 10
days of the death of a pupil or any other individual of unnatural
causes within the school or agency, including the circumstances
surrounding the death and appropriate preventative measures being
taken or recommended.
(b) The Superintendent shall notify contracting local educational
agencies and the special education local plan area in which the
nonpublic, nonsectarian school or agency is located of the
determination to suspend or revoke state certification.
(c) If the Superintendent determines that a nonpublic,
nonsectarian school or agency has violated the certification
requirements pursuant to this section and revokes the certification,
the nonpublic, nonsectarian school or agency; the site administrator,
business, organization, or entity involved in the administration of
the nonpublic, nonsectarian school or agency whose certification was
revoked; and the site administrator, business, organization, or
entity whose nonpublic, nonsectarian school or agency certification
was revoked at any time previously, shall not be eligible to apply
for recertification of the school or agency for two full years from
the date of revocation.
56366.5. (a) Upon receipt of a request from a nonpublic,
nonsectarian school for payment for services provided under a
contract entered into pursuant to Sections 56365 and 56366, the local
educational agency shall either (1) send a warrant for the amount
requested within 45 days, or (2) notify the nonpublic, nonsectarian
school within 10 working days of any reason why the requested payment
shall not be paid.
(b) If the local educational agency fails to comply with
subdivision (a), the nonpublic, nonsectarian school may require the
local educational agency to pay an additional amount of 1 1/2 percent
of the unpaid balance per month until full payment is made. The
local educational agency may not claim reimbursement from the state
for the additional amount pursuant to any provision of law, including
any provision contained in Chapter 3 (commencing with Section 2201)
of Part 4 of Division 1 of the Revenue and Taxation Code.
(c) Any educational funds received from a local educational agency
for the educational costs of individuals with exceptional needs it
has placed in nonpublic, nonsectarian schools shall be used solely
for those purposes and not for the costs of a residential program.
56366.6. (a) Within 20 working days following the nonpublic,
nonsectarian school's or agency's receipt of the notice of denial,
revocation, or suspension of certification, the nonpublic,
nonsectarian school or agency may file a written petition to request
a review of the decision by the superintendent. The petition may
include written arguments or a request to present an oral argument.
(b) Within 30 working days after the receipt of the written
petition, the superintendent or a designee shall review the decision
and the applicant's petition and render a written, reasoned decision
that shall be the final administrative decision. The designee of the
superintendent shall be impartial, unbiased, and shall not have
participated in the department decision to deny, revoke, or suspend
the nonpublic, nonsectarian school or agency certification.
(c) Any public education agency that contracts with a certified
nonpublic, nonsectarian school or agency may request the
superintendent to review the status of the nonpublic school or
agency. The request shall be in writing and a copy sent to the
nonpublic school or agency.
56366.8. The department, as a part of its certification process and
complaint investigation process for nonpublic, nonsectarian schools
or agencies shall do all of the following:
(a) Provide advance notice of certification reviews to the
contracting local educational agency, and to the nonpublic,
nonsectarian school or agency under certification review.
(b) Provide advance notice of complaint investigations to the
contracting local educational agency.
(c) Include the contracting local educational agency in
certification reviews and complaint investigations.
(d) Transmit final reports of certification reviews and complaint
investigations to local educational agencies, placement agencies, and
other public educational agencies that contract with the nonpublic,
nonsectarian school or agency.
56366.9. A licensed children's institution at which individuals
with exceptional needs reside shall not require as a condition of
residential placement that it provide the appropriate educational
programs to those individuals through a nonpublic, nonsectarian
school or agency owned, operated by, or associated with, a licensed
children's institution. Those services may only be provided if the
special education local plan area determines that appropriate public
alternative educational programs are not available.
56366.10. In addition to the certification requirements set forth
in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that
provides special education and related services to an individual with
exceptional needs shall certify in writing to the Superintendent
that it meets all of the following requirements:
(a) It will not accept a pupil with exceptional needs if it cannot
provide or ensure the provision of the services outlined in the
pupil's individualized education program.
(b) Pupils have access to the following educational materials,
services, and programs that are consistent with each pupil's
individualized education program:
(1) (A) For kindergarten and grades 1 to 8, inclusive,
state-adopted, standards-based, core curriculum and instructional
materials, including technology-based materials as defined in Section
60010.
(B) For grades 9 to 12, inclusive, standards-based, core
curriculum and instructional materials, including technology-based
materials as defined in Section 60010, used by any local educational
agency that contracts with the nonpublic, nonsectarian school.
(2) College preparation courses.
(3) Extracurricular activities, such as art, sports, music, and
academic clubs.
(4) Career preparation and vocational training, consistent with
transition plans pursuant to state and federal law.
(5) Supplemental assistance, including individual academic
tutoring, psychological counseling, and career and college
counseling.
(c) The teachers and staff provide academic instruction and
support services to pupils with the goal of integrating pupils into
the least restrictive environment pursuant to federal law.
(d) The school has and abides by a written policy for pupil
discipline which is consistent with state and federal law and
regulations.
56366.11. (a) The department shall implement a program to integrate
individuals with exceptional needs placed in nonpublic, nonsectarian
schools into public schools, as appropriate. Under the program, a
pupil placed in a nonpublic, nonsectarian school and each individual
who has the right to make educational decisions for the pupil shall
be informed of all his or her rights relating to the educational
placement of the pupil. Existing dispute resolution procedures
involving public school enrollment or attendance shall be explained
to a pupil placed in a nonpublic, nonsectarian school in an age- and
developmentally appropriate manner. The Foster Child Ombudsman shall
disseminate the information on education rights to every foster child
residing in a licensed children's institution or foster family home.
(b) Following the development of the next statewide assessment
contract, the department shall submit to the Legislature a report on
the academic progress of pupils attending nonpublic, nonsectarian
schools serving individuals with exceptional needs. Using the results
of the two most recent years of the Standardized Testing and
Reporting (STAR) Program and the California Alternative Performance
Assessment, the report shall summarize by district the achievement of
all pupils attending a nonpublic, nonsectarian school. The
department shall ensure that the report does not violate the
confidentiality of individual pupil scores. In addition, the report
shall include an academic performance index score for pupils
attending nonpublic, nonsectarian schools for each district using the
same procedures as under Section 52052.
56366.12. A nonpublic, nonsectarian school shall ensure private and
confidential communication between a pupil of the nonpublic,
nonsectarian school and members of the pupil's individualized
education program team, at the pupil's discretion.
56367. (a) Placements in state special schools pursuant to Sections
59020, 59120, and 59220 shall be made only as a result of
recommendations from the individualized education program team, upon
a finding that no appropriate placement is available in the local
plan area.
(b) Notwithstanding the provisions of subdivision (a), referrals
for further assessment and recommendations to the California Schools
for the Deaf and Blind or the Diagnostic Centers, pursuant to Section
56326, shall not constitute placements in state special schools.
56368. (a) A program specialist is a specialist who holds a valid
special education credential, clinical services credential, health
services credential, or a school psychologist authorization and has
advanced training and related experience in the education of
individuals with exceptional needs and a specialized in-depth
knowledge in preschool disabilities, career vocational development,
or one or more areas of major disabling conditions.
(b) A program specialist may do all the following:
(1) Observe, consult with, and assist resource specialists,
designated instruction and services instructors, and special class
teachers.
(2) Plan programs, coordinate curricular resources, and evaluate
effectiveness of programs for individuals with exceptional needs.
(3) Participate in each school's staff development, program
development, and innovation of special methods and approaches.
(4) Provide coordination, consultation and program development
primarily in one specialized area or areas of his or her expertise.
(5) Be responsible for assuring that pupils have full educational
opportunity regardless of the district of residence.
(c) For purposes of Section 41403, a program specialist shall be
considered a pupil services employee, as defined in subdivision (c)
of Section 41401.
56369. A local educational agency may contract with another public
agency to provide special education or related services to an
individual with exceptional needs.
56360. Each special education local plan area shall ensure that a
continuum of program options is available to meet the needs of
individuals with exceptional needs for special education and related
services, as required by the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating
thereto.
56361. The continuum of program options shall include, but not
necessarily be limited to, all of the following or any combination of
the following:
(a) Regular education programs consistent with subparagraph (A) of
paragraph (5) of subsection (a) of Section 1412 of Title 20 of the
United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364.2.
(e) Nonpublic, nonsectarian school services pursuant to Section
56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially
designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and
settings other than classrooms where specially designed instruction
may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the
home, in hospitals, and in other institutions to the extent required
by federal law or regulation.
56361.2. All special education and related services for any
individual with exceptional needs who is younger than three years of
age shall be provided pursuant to Chapter 4.4 (commencing with
Section 56425).
56361.5. (a) In addition to the continuum of program options listed
in Section 56361, a local educational agency may contract with a
hospital to provide designated instruction and services, as defined
in subdivision (b) of Section 56363, required by the individual with
exceptional needs, as specified in the individualized education
program. However, a local educational agency shall not contract with
a sectarian hospital for instructional services. A local educational
agency shall contract with a hospital for designated instruction and
services required by the individual with exceptional needs only when
no appropriate public education program is available.
For purposes of this section, "hospital" means a health care
facility licensed by the State Department of Health Care Services.
(b) Contracts with hospitals pursuant to subdivision (a) shall be
subject to the procedures prescribed in Sections 56365, 56366, and
56366.5.
56362. (a) The resource specialist program shall provide, but not
be limited to, all of the following:
(1) Provision for a resource specialist or specialists who shall
provide instruction and services for those pupils whose needs have
been identified in an individualized education program developed by
the individualized education program team and who are assigned to
regular classroom teachers for a majority of a schoolday.
(2) Provision of information and assistance to individuals with
exceptional needs and their parents.
(3) Provision of consultation, resource information, and material
regarding individuals with exceptional needs to their parents and to
regular staff members.
(4) Coordination of special education services with the regular
school programs for each individual with exceptional needs enrolled
in the resource specialist program.
(5) Monitoring of pupil progress on a regular basis, participation
in the review and revision of individualized education programs, as
appropriate, and referral of pupils who do not demonstrate
appropriate progress to the individualized education program team.
(6) Emphasis at the secondary school level on academic
achievement, career and vocational development, and preparation for
adult life.
(b) The resource specialist program shall be under the direction
of a resource specialist who is a credentialed special education
teacher, or who has a clinical services credential with a special
class authorization, who has had three or more years of teaching
experience, including both regular and special education teaching
experience, as defined by rules and regulations of the Commission on
Teacher Credentialing, and who has demonstrated the competencies for
a resource specialist, as established by the Commission on Teacher
Credentialing.
(c) Caseloads for resource specialists shall be stated in the
local policies developed pursuant to Section 56195.8 and in
accordance with regulations established by the board. No resource
specialist shall have a caseload which exceeds 28 pupils.
(d) Resource specialists shall not simultaneously be assigned to
serve as resource specialists and to teach regular classes.
(e) Resource specialists shall not enroll a pupil for a majority
of a schoolday without approval by the pupil's individualized
education program team.
(f) At least 80 percent of the resource specialists within a local
plan shall be provided with an instructional aide.
56362.1. For the purposes of Section 56362, "caseload" shall
include, but not be limited to, all pupils for whom the resource
specialist performs any of the services described in subdivision (a)
of Section 56362.
56362.5. By July 1982, the Commission on Teacher Credentialing
shall adopt rules and regulations for a resource specialist
certificate of competence. The certificate shall provide all the
following:
(a) Definition of the competencies required of a resource
specialist.
(b) Provision for a system of direct application to the commission
for a certificate of competence for each teacher who holds a valid
special education credential, other than an emergency credential, and
who satisfies any one of the following criteria:
(1) Provided instruction and services as specified in subdivision
(a) of Section 80070.1 of Title 5 of the California Administrative
Code as it read immediately prior to July 28, 1980, for two years
prior to September 1, 1981.
(2) Provided instruction and services as specified in subdivision
(b) of Section 80070.2 of Title 5 of the California Administrative
Code as it read immediately prior to July 28, 1980, for two years
prior to June 30, 1983.
(c) Provision for the issuance, for up to three years, of a
preliminary nonrenewable certificate of competence for the resource
specialist, and adoption of the standards for the issuance and
continuing validity of such a certificate.
(d) Establishment of a system for verification of competencies
through both of the following:
(1) Commission on Teacher Credentialing approved institution of
higher education resource specialist certificate program.
(2) Commission on Teacher Credentialing approved competency
assessment panels for resource specialist certification.
(e) Cooperation with the department in implementing these
provisions.
Notwithstanding any other provision of law, any person who held a
preliminary resource specialist certificate of competence on January
28, 1982, and who met the requirements for a clear resource
specialist certificate of competence as specified in paragraph (1) of
subdivision (b) may be issued a clear resource specialist
certificate of competence upon submission of a completed application,
but without any additional fee.
56362.7. (a) The Legislature recognizes the need for specially
trained professionals to assess and serve pupils of limited English
proficiency. This is particularly true of pupils with exceptional
needs or pupils with suspected disabilities.
(b) The commission shall develop a bilingual-crosscultural
certificate of assessment competence for those professionals who may
participate in assessments for placements in special education
programs. The certificate shall be issued to holders of appropriate
credentials, certificates, or authorizations who demonstrate, by
written and oral examination, all of the following:
(1) That the person is competent in both the oral and written
skills of a language other than English.
(2) That the person has both the knowledge and understanding of
the cultural and historical heritage of the
limited-English-proficient individuals to be served.
(3) That the person has the ability to perform the assessment
functions the candidate is certified or authorized to perform in
English and in a language other than English.
(4) That the person has knowledge of the use of instruments and
other assessment techniques appropriate to evaluate
limited-English-proficient individuals with exceptional needs and
ability to develop appropriate data, instructional strategies,
individualized education programs, and evaluations.
(c) Certificates of bilingual-crosscultural competence for special
education professionals who implement individual education plans
requiring bilingual services shall be granted by the commission
pursuant to Section 44253.7.
(d) It is not the intent of the Legislature in enacting this
section that possession of any certificate established by this
section be a state-mandated requirement for employment or continued
employment. It is the intent that this is a matter for local
educational agencies to determine.
56363. (a) As used in this part, the term "designated instruction
and services" means "related services" as that term is defined in
Section 1401(26) of Title 20 of the United States Code and Section
300.34 of Title 34 of the Code of Federal Regulations. The term
"related services" means transportation, and such developmental,
corrective, and other supportive services (including speech-language
pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work services,
school nurse services designed to enable an individual with
exceptional needs to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling, orientation
and mobility services, and medical services, except that such
medical services shall be for diagnostic and evaluation purposes
only) as may be required to assist an individual with exceptional
needs to benefit from special education, and includes the early
identification and assessment of disabling conditions in children.
(b) These services may include, but are not limited to, the
following:
(1) Language and speech development and remediation. The language
and speech development and remediation services may be provided by a
speech-language pathology assistant as defined in subdivision (f) of
Section 2530.2 of the Business and Professions Code.
(2) Audiological services.
(3) Orientation and mobility services.
(4) Instruction in the home or hospital.
(5) Adapted physical education.
(6) Physical and occupational therapy.
(7) Vision services.
(8) Specialized driver training instruction.
(9) Counseling and guidance services, including rehabilitation
counseling.
(10) Psychological services other than assessment and development
of the individualized education program.
(11) Parent counseling and training.
(12) Health and nursing services, including school nurse services
designed to enable an individual with exceptional needs to receive a
free appropriate public education as described in the individualized
education program.
(13) Social worker services.
(14) Specially designed vocational education and career
development.
(15) Recreation services.
(16) Specialized services for low-incidence disabilities, such as
readers, transcribers, and vision and hearing services.
(17) Interpreting services.
(c) The terms "designated instruction and services" and "related
services" do not include a medical device that is surgically
implanted, including cochlear implants, the optimization of the
functioning of a medical device, maintenance of that device, or the
replacement of that device, pursuant to Section 300.34(b) of Title 34
of the Code of Federal Regulations. In accordance with Section
300.34(b) of Title 34 of the Code of Federal Regulations, nothing in
this subdivision shall do any of the following:
(1) Limit the right of an individual with exceptional needs with a
surgically implanted device, including a cochlear implant, to
receive related services or designated instruction and services that
are determined by the individualized education program team to be
necessary for the individual to receive a free appropriate public
education.
(2) Limit the responsibility of a local educational agency to
appropriately monitor and maintain medical devices that are needed to
maintain the health and safety of the individual, including
breathing, nutrition, or operation of other bodily functions, while
the individual is transported to and from school or is at school.
(3) Prevent the routine checking of an external component of a
surgically implanted device to make sure it is functioning properly,
as required by Section 300.113(b) of Title 34 of the Code of Federal
Regulations.
56363.1. A local educational agency is not required to purchase
medical equipment for an individual pupil. However, the local
educational agency is responsible for providing other specialized
equipment for use at school that is needed to implement the
individualized education program. For purposes of this section,
"medical equipment" does not include an assistive technology device,
as defined in Section 1401(1) of Title 20 of the United States Code.
56363.3. The average caseload for language, speech, and hearing
specialists in special education local plan areas shall not exceed 55
cases, unless the local plan specifies a higher average caseload and
the reasons for the greater average caseload.
56363.5. Local educational agencies may seek, either directly or
through the pupil's parents or guardians, reimbursement from
insurance companies to cover the costs of related services, in
accordance with Section 300.154(d) to (h), inclusive, of the Code of
Federal Regulations.
56364.1. Notwithstanding the provisions of Section 56364.2, pupils
with low incidence disabilities may receive all or a portion of their
instruction in the regular classroom and may also be enrolled in
special classes taught by appropriately credentialed teachers who
serve these pupils at one or more schoolsites. The instruction shall
be provided in a manner which is consistent with the guidelines
adopted pursuant to Section 56136 and in accordance with the
individualized education program.
56364.2. (a) Special classes that serve pupils with similar and
more intensive educational needs shall be available. The special
classes may enroll pupils only when the nature or severity of the
disability of the individual with exceptional needs is such that
education in the regular classes with the use of supplementary aids
and services, including curriculum modification and behavioral
support, cannot be achieved satisfactorily. These requirements also
apply to separate schooling, or other removal of individuals with
exceptional needs from the regular educational environment.
(b) In providing or arranging for the provision of activities,
each public agency shall ensure that each individual with exceptional
needs participates in those activities with nondisabled pupils to
the maximum extent appropriate to the needs of the individual with
exceptional needs, including nonacademic and extracurricular services
and activities. Special classes shall meet standards adopted by the
board.
(c) This section shall only apply to special education local plan
areas that have had a revised local plan approved pursuant to Section
56836.03.
56365. (a) Services provided by nonpublic, nonsectarian schools, as
defined pursuant to Section 56034, and nonpublic, nonsectarian
agencies, as defined pursuant to Section 56035, shall be made
available. These services shall be provided pursuant to Section
56366, and in accordance with Section 300.146 of Title 34 of the Code
of Federal Regulations, under contract with the local educational
agency to provide the appropriate special educational facilities,
special education, or designated instruction and services required by
the individual with exceptional needs if no appropriate public
education program is available.
(b) Pupils enrolled in nonpublic, nonsectarian schools and
agencies under this section shall be deemed to be enrolled in public
schools for all purposes of Chapter 4 (commencing with Section 41600)
of Part 24 and Section 42238. The local educational agency shall be
eligible to receive allowances under Articles 3 (commencing with
Section 56836.165) and 4 (commencing with Section 56836.20) of
Chapter 7.2 for services that are provided to individuals with
exceptional needs pursuant to the contract.
(c) If the state participates in the federal program of assistance
for state-operated or state-supported programs for individuals with
exceptional needs (P.L. 89-313, Sec. 6), pupils enrolled in
nonpublic, nonsectarian schools shall be deemed to be enrolled in
state-supported institutions for all purposes of that program and
shall be eligible to receive allowances under Chapter 7.2 (commencing
with Section 56836) for supplemental services provided to
individuals with exceptional needs pursuant to a contract with a
local educational agency. In order to participate in the federal
program, the state shall find that participation will not result in
any additional expenditures from the General Fund.
(d) The local educational agency shall pay to the nonpublic,
nonsectarian school or agency the full amount of the tuition for
individuals with exceptional needs that are enrolled in programs
provided by the nonpublic, nonsectarian school pursuant to the
contract.
(e) Before contracting with a nonpublic, nonsectarian school or
agency outside of this state, the local educational agency shall
document its efforts to utilize public schools or to locate an
appropriate nonpublic, nonsectarian school or agency program, or
both, within the state.
(f) If a local educational agency places a pupil with a nonpublic,
nonsectarian school or agency outside of this state, the pupil's
individualized education program team shall submit a report to the
Superintendent within 15 days of the placement decision. The report
shall include information about the special education and related
services provided by the out-of-state program placement and the costs
of the special education and related services provided, and shall
indicate the efforts of the local educational agency to locate an
appropriate public school or nonpublic, nonsectarian school or
agency, or a combination thereof, within the state. The
Superintendent shall submit a report to the board on all placements
made outside of this state.
(g) If a local educational agency decides to place a pupil with a
nonpublic, nonsectarian school or agency outside of this state, that
local educational agency shall indicate the anticipated date for the
return of the pupil to a public or nonpublic, nonsectarian school or
agency placement, or a combination thereof, located in the state and
shall document efforts during the previous placement year to return
the pupil.
(h) In addition to meeting the requirements of Section 56366.1, a
nonpublic, nonsectarian school or agency that operates a program
outside of this state shall be certified or licensed by that state to
provide, respectively, special education and related services and
designated instruction and related services to pupils under the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.).
(i) A nonpublic, nonsectarian school or agency that is located
outside of this state is eligible for certification pursuant to
Section 56366.1 only if a pupil is enrolled in a program operated by
that school or agency pursuant to the recommendation of an
individualized education program team in California, and if that
pupil's parents or guardians reside in California.
(j) In accordance with Section 300.147(b) and (c) of Title 34 of
the Code of Federal Regulations, the department shall disseminate
copies of applicable standards to each nonpublic, nonsectarian school
and nonpublic, nonsectarian agency to which a local educational
agency has referred or placed an individual with exceptional needs
and shall provide an opportunity for those nonpublic, nonsectarian
schools and nonpublic, nonsectarian agencies to participate in the
development and revision of state standards that apply to those
entities.
56366. It is the intent of the Legislature that the role of a
nonpublic, nonsectarian school or agency shall be maintained and
continued as an alternative special education service available to a
local educational agency and parents.
(a) The master contract for nonpublic, nonsectarian school or
agency services shall be developed in accordance with the following
provisions:
(1) The master contract shall specify the general administrative
and financial agreements, including teacher-to-pupil ratios, between
the nonpublic, nonsectarian school or agency and the local
educational agency to provide the special education and designated
instruction and services, as well as transportation specified in each
pupil's individualized education program. The administrative
provisions of the contract also shall include procedures for
recordkeeping and documentation, and the maintenance of school
records by the contracting local educational agency to ensure that
appropriate high school graduation credit is received by each pupil.
The contract may allow for partial or full-time attendance at the
nonpublic, nonsectarian school.
(2) (A) The master contract shall include an individual services
agreement for each pupil placed by a local educational agency that
will be negotiated for the length of time for which nonpublic,
nonsectarian school or agency special education and designated
instruction and services are specified in the pupil's individualized
education program.
(B) The master contract shall include a description of the process
being utilized by the local educational agency to oversee and
evaluate placements in nonpublic, nonsectarian schools, as required
by federal law. This description shall include a method for
evaluating whether each pupil is making appropriate educational
progress. At least once every year, the local educational agency
shall do all of the following and, to the extent possible, the
following shall be conducted as part of the development and provision
of an individualized education program:
(i) Evaluate the educational progress of each pupil placed in a
nonpublic, nonsectarian school, including all state assessment
results pursuant to the requirements of Section 52052.
(ii) Consider whether or not the needs of the pupil continue to be
best met at the nonpublic, nonsectarian school and whether changes
to the individualized education program of the pupil are necessary,
including whether the pupil may be transitioned to a public school
setting. This consideration shall be made at the meeting required by
subdivision (d) of Section 56343.
(C) In the case of a nonpublic, nonsectarian school that is owned,
operated by, or associated with a licensed children's institution,
the master contract shall include a method for evaluating whether the
nonpublic, nonsectarian school is in compliance with the mandate set
forth in Section 56366.9 of this code and subdivision (b) of Section
1501.1 of the Health and Safety Code.
(3) Changes in educational instruction, services, or placement
provided under contract may only be made on the basis of revisions to
a pupil's individualized education program.
At any time during the term of the contract or individual services
agreement, the parent, the nonpublic, nonsectarian school or agency,
or the local educational agency may request a review of a pupil's
individualized education program by the individualized education
program team. Changes in the administrative or financial agreements
of the master contract that do not alter the individual services
agreement that outlines each pupil's educational instruction,
services, or placement may be made at any time during the term of the
contract as mutually agreed by the nonpublic, nonsectarian school or
agency and the local educational agency.
(4) The master contract or individual services agreement may be
terminated for cause. The cause shall not be the availability of a
public class initiated during the period of the contract unless the
parent agrees to the transfer of the pupil to a public school
program. To terminate the contract either party shall give 20 days'
notice.
(5) The nonpublic, nonsectarian school or agency shall provide all
services specified in an individualized education program, unless
the nonpublic, nonsectarian school or agency and the local
educational agency agree otherwise in the contract or individual
services agreement.
(6) Related services provided pursuant to a nonpublic,
nonsectarian agency master contract shall only be provided during the
period of a pupil's regular or extended school year program, or
both, unless otherwise specified by the pupil's individualized
education program.
(7) The nonpublic, nonsectarian school or agency shall report
attendance of pupils receiving special education and designated
instruction and services, as defined by Section 46307, for purposes
of submitting a warrant for tuition to each contracting local
educational agency.
(8) (A) A nonpublic, nonsectarian school is subject to the
alternative accountability system developed pursuant to Section 52052
in the same manner as public schools and each pupil placed in the
nonpublic, nonsectarian school by a local educational agency shall be
tested by qualified staff of the nonpublic, nonsectarian school in
accordance with that accountability program. The test results shall
be reported by the nonpublic, nonsectarian school to the department.
(B) Beginning with the 2006-07 school year testing cycle, each
nonpublic, nonsectarian school shall determine its STAR testing
period subject to subdivisions (b) and (c) of Section 60640. The
nonpublic, nonsectarian school shall determine this period based on
completion of 85 percent of the instructional year at that nonpublic,
nonsectarian school, plus and minus 10 days, resulting in a 21-day
period. Each nonpublic, nonsectarian school shall notify the district
of residence of a pupil enrolled in the school of its testing
period. Staff at the nonpublic, nonsectarian school who administer
the assessments shall attend the regular testing training sessions
provided by the district of residence. If staff from a nonpublic,
nonsectarian school have received training from one local educational
agency, that training will be sufficient for all local educational
agencies that send pupils to the nonpublic, nonsectarian school. The
district of residence shall order testing materials for its pupils
that have been placed in the nonpublic, nonsectarian school. The
board shall adopt regulations to facilitate the distribution of and
collection of testing materials.
(9) With respect to a nonpublic, nonsectarian school, the school
shall prepare a school accountability report card in accordance with
Section 33126.
(b) The master contract or individual services agreement shall not
include special education transportation provided through the use of
services or equipment owned, leased, or contracted by a local
educational agency for pupils enrolled in the nonpublic, nonsectarian
school or agency unless provided directly or subcontracted by that
nonpublic, nonsectarian school or agency.
The superintendent shall withhold 20 percent of the amount
apportioned to a local educational agency for costs related to the
provision of nonpublic, nonsectarian school or agency placements if
the superintendent finds that the local educational agency is in
noncompliance with this subdivision. This amount shall be withheld
from the apportionments in the fiscal year following the
superintendent's finding of noncompliance. The superintendent shall
take other appropriate actions to prevent noncompliant practices from
occurring and report to the Legislature on those actions.
(c) (1) If a pupil is enrolled in a nonpublic, nonsectarian school
or agency with the approval of the local educational agency prior to
agreement to a contract or individual services agreement, the local
educational agency shall issue a warrant, upon submission of an
attendance report and claim, for an amount equal to the number of
creditable days of attendance at the per diem tuition rate agreed
upon prior to the enrollment of the pupil. This provision shall be
allowed for 90 days during which time the contract shall be
consummated.
(2) If after 60 days the master contract or individual services
agreement has not been finalized as prescribed in paragraph (1) of
subdivision (a), either party may appeal to the county superintendent
of schools, if the county superintendent is not participating in the
local plan involved in the nonpublic, nonsectarian school or agency
contract, or the superintendent, if the county superintendent is
participating in the local plan involved in the contract, to
negotiate the contract. Within 30 days of receipt of this appeal, the
county superintendent or the superintendent, or his or her designee,
shall mediate the formulation of a contract, which shall be binding
upon both parties.
(d) A master contract for special education and related services
provided by a nonpublic, nonsectarian school or agency may not be
authorized under this part, unless the school or agency has been
certified as meeting those standards relating to the required special
education and specified related services and facilities for
individuals with exceptional needs. The certification shall result in
the school or agency receiving approval to educate pupils under this
part for a period no longer than 18 months from the date of the
initial approval.
(e) By September 30, 1998, the procedures, methods, and
regulations for the purposes of contracting for nonpublic,
nonsectarian school and agency services pursuant to this section and
for reimbursement pursuant to Sections 56836.16 and 56836.20 shall be
developed by the superintendent in consultation with statewide
organizations representing providers of special education and
designated instruction and services. The regulations shall be
established by rules and regulations issued by the board.
56366.1. (a) A nonpublic, nonsectarian school or agency that seeks
certification shall file an application with the Superintendent on
forms provided by the department and include the following
information on the application:
(1) A description of the special education and designated
instruction and services provided to individuals with exceptional
needs if the application is for nonpublic, nonsectarian school
certification.
(2) A description of the designated instruction and services
provided to individuals with exceptional needs if the application is
for nonpublic, nonsectarian agency certification.
(3) A list of appropriately qualified staff, a description of the
credential, license, or registration that qualifies each staff member
rendering special education or designated instruction and services
to do so, and copies of their credentials, licenses, or certificates
of registration with the appropriate state or national organization
that has established standards for the service rendered.
(4) An annual operating budget.
(5) Affidavits and assurances necessary to comply with all
applicable federal, state, and local laws and regulations that
include criminal record summaries required of all nonpublic,
nonsectarian school or agency personnel having contact with minor
children under Section 44237.
(b) (1) The applicant shall provide the special education local
plan area in which the applicant is located with the written
notification of its intent to seek certification or renewal of its
certification. The applicant shall submit on a form, developed by the
department, a signed verification by local educational agency
representatives that they have been notified of the intent to certify
or renew certification. The verification shall include a statement
that representatives of the local educational agency for the area in
which the applicant is located have had the opportunity to review the
application at least 60 calendar days prior to submission of an
initial application to the Superintendent, or at least 30 calendar
days prior to submission of a renewal application to the
Superintendent. The signed verification shall provide assurances that
local educational agency representatives have had the opportunity to
provide input on all required components of the application.
(2) If the applicant has not received a response from the local
educational agency 60 calendar days from the date of the return
receipt for initial applications or 30 calendar days from the date of
the return receipt for renewal applications, the applicant may file
the application with the Superintendent. A copy of the return receipt
shall be included with the application as verification of
notification efforts to the local educational agency.
(3) The department shall mail renewal application materials to
certified nonpublic, nonsectarian schools and agencies at least 120
days prior to the date their current certification expires.
(c) If the applicant operates a facility or program on more than
one site, each site shall be certified.
(d) If the applicant is part of a larger program or facility on
the same site, the Superintendent shall consider the effect of the
total program on the applicant. A copy of the policies and standards
for the nonpublic, nonsectarian school or agency and the larger
program shall be available to the Superintendent.
(e) Prior to certification, the Superintendent shall conduct an
onsite review of the facility and program for which the applicant
seeks certification. The Superintendent may be assisted by
representatives of the special education local plan area in which the
applicant is located and a nonpublic, nonsectarian school or agency
representative who does not have a conflict of interest with the
applicant. The Superintendent shall conduct an additional onsite
review of the facility and program within three years of the
effective date of the certification, unless the Superintendent
conditionally certifies the school or agency or unless the
Superintendent receives a formal complaint against the school or
agency. In the latter two cases, the Superintendent shall conduct an
onsite review at least annually.
(f) The Superintendent shall make a determination on an
application within 120 days of receipt of the application and shall
certify, conditionally certify, or deny certification to the
applicant. If the Superintendent fails to take one of these actions
within 120 days, the applicant is automatically granted conditional
certification for a period terminating on August 31 of the current
school year. If certification is denied, the Superintendent shall
provide reasons for the denial. The Superintendent may certify the
school or agency for a period of not longer than one year.
(g) Certification becomes effective on the date the nonpublic,
nonsectarian school or agency meets all the application requirements
and is approved by the Superintendent. Certification may be
retroactive if the school or agency met all the requirements of this
section on the date the retroactive certification is effective.
Certification expires on December 31 of the terminating year.
(h) The Superintendent annually shall review the certification of
each nonpublic, nonsectarian school and agency. For this purpose, a
certified school or agency annually shall update its application
between August 1 and October 31, unless the board grants a waiver
pursuant to Section 56101. The Superintendent may conduct an onsite
review as part of the annual review.
(i) (1) The Superintendent shall conduct an investigation of a
nonpublic, nonsectarian school or agency onsite at any time without
prior notice if there is substantial reason to believe that there is
an immediate danger to the health, safety, or welfare of a child. The
Superintendent shall document the concern and submit it to the
nonpublic, nonsectarian school or agency at the time of the onsite
investigation. The Superintendent shall require a written response to
any noncompliance or deficiency found.
(2) With respect to a nonpublic, nonsectarian school, the
Superintendent shall conduct an investigation, which may include an
unannounced onsite visit, if the Superintendent receives evidence of
a significant deficiency in the quality of educational services
provided, a violation of Section 56366.9, or noncompliance with the
policies expressed by subdivision (b) of Section 1501 of the Health
and Safety Code by the nonpublic, nonsectarian school. The
Superintendent shall document the complaint and the results of the
investigation and shall provide copies of the documentation to the
complainant, the nonpublic, nonsectarian school, and the contracting
local educational agency.
(3) Violations or noncompliance documented pursuant to paragraph
(1) or (2) shall be reflected in the status of the certification of
the school, at the discretion of the Superintendent, pending an
approved plan of correction by the nonpublic, nonsectarian school.
The department shall retain for a period of 10 years all violations
pertaining to certification of the nonpublic, nonsectarian school or
agency.
(j) The Superintendent shall monitor the facilities, the
educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service,
the standards-based core curriculum being employed, and the
standard-focused instructional materials used, of an existing
certified nonpublic, nonsectarian school or agency on a three-year
cycle, as follows:
(1) The nonpublic, nonsectarian school or agency shall complete a
self-review in year one.
(2) The Superintendent shall conduct an onsite review of the
nonpublic, nonsectarian school or agency in year two.
(3) The Superintendent shall conduct a followup visit to the
nonpublic, nonsectarian school or agency in year three.
(k) (1) Notwithstanding any other provision of law, the
Superintendent shall not certify a nonpublic, nonsectarian school or
agency that proposes to initiate or expand services to pupils
currently educated in the immediate prior fiscal year in a juvenile
court program, community school pursuant to Section 56150, or other
nonspecial education program, including independent study or adult
school, or both, unless the nonpublic, nonsectarian school or agency
notifies the county superintendent of schools and the special
education local plan area in which the proposed new or expanded
nonpublic, nonsectarian school or agency is located of its intent to
seek certification.
(2) The notification shall occur no later than the December 1
prior to the new fiscal year in which the proposed or expanding
school or agency intends to initiate services. The notice shall
include the following:
(A) The specific date upon which the proposed nonpublic,
nonsectarian school or agency is to be established.
(B) The location of the proposed program or facility.
(C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community school, or
other nonspecial education program, the current school services
including special education and related services provided for these
pupils, and the specific program of special education and related
services to be provided under the proposed program.
(D) The reason for the proposed change in services.
(E) The number of staff who will provide special education and
designated instruction and services and hold a current valid
California credential or license in the service rendered.
(3) In addition to the requirements in subdivisions (a) to (f),
inclusive, the Superintendent shall require and consider the
following in determining whether to certify a nonpublic, nonsectarian
school or agency as described in this subdivision:
(A) A complete statement of the information required as part of
the notice under paragraph (1).
(B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency, including
information related to changes in the population to be served and the
services to be provided pursuant to each pupil's individualized
education program.
(4) Notwithstanding any other provision of law, the certification
becomes effective no earlier than July 1 if the school or agency
provided the notification required pursuant to paragraph (1).
(l) (1) Notwithstanding any other provision of law, the
Superintendent shall not certify or renew the certification of a
nonpublic, nonsectarian school or agency, unless all of the following
conditions are met:
(A) The entity operating the nonpublic, nonsectarian school or
agency maintains separate financial records for each entity that it
operates, with each nonpublic, nonsectarian school or agency
identified separately from any licensed children's institution that
it operates.
(B) The entity submits an annual budget that identifies the
projected costs and revenues for each entity and demonstrates that
the rates to be charged are reasonable to support the operation of
the entity.
(C) The entity submits an entitywide annual audit that identifies
its costs and revenues, by entity, in accordance with generally
accepted accounting and auditing principles. The audit shall clearly
document the amount of moneys received and expended on the education
program provided by the nonpublic, nonsectarian school.
(D) The relationship between various entities operated by the same
entity are documented, defining the responsibilities of the
entities. The documentation shall clearly identify the services to be
provided as part of each program, for example, the residential or
medical program, the mental health program, or the educational
program. The entity shall not seek funding from a public agency for a
service, either separately or as part of a package of services, if
the service is funded by another public agency, either separately or
as part of a package of services.
(2) For purposes of this section, "licensed children's institution"
has the same meaning as it is defined by Section 56155.5.
(m) The school or agency shall be charged a reasonable fee for
certification. The Superintendent may adjust the fee annually
commensurate with the statewide average percentage inflation
adjustment computed for revenue limits of unified school districts
with greater than 1,500 units of average daily attendance if the
percentage increase is reflected in the district revenue limit for
inflation purposes. For purposes of this section, the base fee shall
be the following:
(1) 1-5 pupils................ $ 300
(2) 6-10 pupils............... 500
(3) 11-24 pupils.............. 1,000
(4) 25-75 pupils.............. 1,500
(5) 76 pupils and over........ 2,000
The school or agency shall pay this fee when it applies for
certification and when it updates its application for annual renewal
by the Superintendent. The Superintendent shall use these fees to
conduct onsite reviews, which may include field experts. No fee shall
be refunded if the application is withdrawn or is denied by the
Superintendent.
(n) (1) Notwithstanding any other provision of law, only those
nonpublic, nonsectarian schools and agencies that provide special
education and designated instruction and services utilizing staff who
hold a certificate, permit, or other document equivalent to that
which staff in a public school are required to hold in the service
rendered are eligible to receive certification. Only those nonpublic,
nonsectarian schools or agencies located outside of California that
employ staff who hold a current valid credential or license to render
special education and related services as required by that state
shall be eligible to be certified.
(2) The board shall develop regulations to implement this
subdivision.
(o) In addition to meeting the standards adopted by the board, a
nonpublic, nonsectarian school or agency shall provide written
assurances that it meets all applicable standards relating to fire,
health, sanitation, and building safety.
56366.2. (a) A local educational agency, nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency may petition the
Superintendent to waive one or more of the requirements under
Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state
the reasons for the waiver request, and shall include the following:
(1) Sufficient documentation to demonstrate that the waiver is
necessary to the content and implementation of a specific pupil's
individualized education program and the pupil's current placement.
(2) The period of time that the waiver will be effective during
any one school year.
(3) Documentation and assurance that the waiver does not abrogate
any right provided to individuals with exceptional needs and their
parents or guardians under state or federal law, and does not hinder
the compliance of a local educational agency with the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to
those acts.
(b) No waiver shall be granted for reimbursement of those costs
prohibited under Article 4 (commencing with Section 56836.20) of
Chapter 7.2 of Part 30 or for the certification requirements pursuant
to Section 56366.1 unless approved by the board pursuant to Section
56101.
(c) In submitting the annual report on waivers granted under
Section 56101 and this section to the board, the Superintendent shall
specify information related to the provision of special education
and related services to individuals with exceptional needs through
contracts with nonpublic, nonsectarian schools and agencies located
in the state, nonpublic, nonsectarian school and agency placements in
facilities located out of state, and the specific section waived
pursuant to this section.
56366.3. (a) No contract for special education and related services
provided by a nonpublic, nonsectarian agency shall be reimbursed by
the state pursuant to Article 4 (commencing with Section 56836.20) of
Chapter 7.2 and Section 56836.16 if the contract covers special
education and related services, administration, or supervision by an
individual who is or was an employee of a contracting local
educational agency within the last 365 days. Former contracting
agency personnel may be employed by a nonpublic, nonsectarian agency
if the personnel were involuntarily terminated or laid off as part of
necessary staff reductions from the local educational agency.
(b) This section does not apply to any person who is able to
provide designated instruction and services during the extended
school year because he or she is otherwise employed for up to 10
months of the school year by the local educational agency.
56366.4. (a) The Superintendent may revoke or suspend the
certification of a nonpublic, nonsectarian school or agency for any
of the following reasons:
(1) Violation of an applicable state or federal rule or
regulation, or aiding, abetting, or permitting the violation of an
applicable state or federal rule or regulation.
(2) Falsification or intentional misrepresentation of an element
of the application, pupil records, or program presented for
certification purposes.
(3) Conduct in the operation or maintenance of the nonpublic,
nonsectarian school or agency that is harmful to the health, welfare,
or safety of an individual with exceptional needs.
(4) Failure to comply with a provision in the contract with the
local educational entity.
(5) Failure to notify the department in writing of any of the
following within 45 days of the occurrence:
(A) Changes in credentialed, licensed, or registered staff who
render special education and related services, ownership, management,
or control of the nonpublic, nonsectarian school or agency.
(B) Major modification or relocation of facilities.
(C) Significant modification of the nonpublic, nonsectarian school
or agency program.
(6) Failure to implement recommendations and compliance
requirements following an onsite review of the school or agency.
(7) Failure to provide appropriate services, supplies, equipment,
or facilities for a pupil as required in his or her individualized
education program.
(8) Failure to notify the Superintendent in writing within 10 days
of the revocation or suspension of a license or permit, including,
but not limited to, a residential care license, business license, or
other required license or permit.
(9) Failure to implement a pupil's individualized education
program.
(10) Failure to notify the Superintendent in writing within 10
days of the death of a pupil or any other individual of unnatural
causes within the school or agency, including the circumstances
surrounding the death and appropriate preventative measures being
taken or recommended.
(b) The Superintendent shall notify contracting local educational
agencies and the special education local plan area in which the
nonpublic, nonsectarian school or agency is located of the
determination to suspend or revoke state certification.
(c) If the Superintendent determines that a nonpublic,
nonsectarian school or agency has violated the certification
requirements pursuant to this section and revokes the certification,
the nonpublic, nonsectarian school or agency; the site administrator,
business, organization, or entity involved in the administration of
the nonpublic, nonsectarian school or agency whose certification was
revoked; and the site administrator, business, organization, or
entity whose nonpublic, nonsectarian school or agency certification
was revoked at any time previously, shall not be eligible to apply
for recertification of the school or agency for two full years from
the date of revocation.
56366.5. (a) Upon receipt of a request from a nonpublic,
nonsectarian school for payment for services provided under a
contract entered into pursuant to Sections 56365 and 56366, the local
educational agency shall either (1) send a warrant for the amount
requested within 45 days, or (2) notify the nonpublic, nonsectarian
school within 10 working days of any reason why the requested payment
shall not be paid.
(b) If the local educational agency fails to comply with
subdivision (a), the nonpublic, nonsectarian school may require the
local educational agency to pay an additional amount of 1 1/2 percent
of the unpaid balance per month until full payment is made. The
local educational agency may not claim reimbursement from the state
for the additional amount pursuant to any provision of law, including
any provision contained in Chapter 3 (commencing with Section 2201)
of Part 4 of Division 1 of the Revenue and Taxation Code.
(c) Any educational funds received from a local educational agency
for the educational costs of individuals with exceptional needs it
has placed in nonpublic, nonsectarian schools shall be used solely
for those purposes and not for the costs of a residential program.
56366.6. (a) Within 20 working days following the nonpublic,
nonsectarian school's or agency's receipt of the notice of denial,
revocation, or suspension of certification, the nonpublic,
nonsectarian school or agency may file a written petition to request
a review of the decision by the superintendent. The petition may
include written arguments or a request to present an oral argument.
(b) Within 30 working days after the receipt of the written
petition, the superintendent or a designee shall review the decision
and the applicant's petition and render a written, reasoned decision
that shall be the final administrative decision. The designee of the
superintendent shall be impartial, unbiased, and shall not have
participated in the department decision to deny, revoke, or suspend
the nonpublic, nonsectarian school or agency certification.
(c) Any public education agency that contracts with a certified
nonpublic, nonsectarian school or agency may request the
superintendent to review the status of the nonpublic school or
agency. The request shall be in writing and a copy sent to the
nonpublic school or agency.
56366.8. The department, as a part of its certification process and
complaint investigation process for nonpublic, nonsectarian schools
or agencies shall do all of the following:
(a) Provide advance notice of certification reviews to the
contracting local educational agency, and to the nonpublic,
nonsectarian school or agency under certification review.
(b) Provide advance notice of complaint investigations to the
contracting local educational agency.
(c) Include the contracting local educational agency in
certification reviews and complaint investigations.
(d) Transmit final reports of certification reviews and complaint
investigations to local educational agencies, placement agencies, and
other public educational agencies that contract with the nonpublic,
nonsectarian school or agency.
56366.9. A licensed children's institution at which individuals
with exceptional needs reside shall not require as a condition of
residential placement that it provide the appropriate educational
programs to those individuals through a nonpublic, nonsectarian
school or agency owned, operated by, or associated with, a licensed
children's institution. Those services may only be provided if the
special education local plan area determines that appropriate public
alternative educational programs are not available.
56366.10. In addition to the certification requirements set forth
in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that
provides special education and related services to an individual with
exceptional needs shall certify in writing to the Superintendent
that it meets all of the following requirements:
(a) It will not accept a pupil with exceptional needs if it cannot
provide or ensure the provision of the services outlined in the
pupil's individualized education program.
(b) Pupils have access to the following educational materials,
services, and programs that are consistent with each pupil's
individualized education program:
(1) (A) For kindergarten and grades 1 to 8, inclusive,
state-adopted, standards-based, core curriculum and instructional
materials, including technology-based materials as defined in Section
60010.
(B) For grades 9 to 12, inclusive, standards-based, core
curriculum and instructional materials, including technology-based
materials as defined in Section 60010, used by any local educational
agency that contracts with the nonpublic, nonsectarian school.
(2) College preparation courses.
(3) Extracurricular activities, such as art, sports, music, and
academic clubs.
(4) Career preparation and vocational training, consistent with
transition plans pursuant to state and federal law.
(5) Supplemental assistance, including individual academic
tutoring, psychological counseling, and career and college
counseling.
(c) The teachers and staff provide academic instruction and
support services to pupils with the goal of integrating pupils into
the least restrictive environment pursuant to federal law.
(d) The school has and abides by a written policy for pupil
discipline which is consistent with state and federal law and
regulations.
56366.11. (a) The department shall implement a program to integrate
individuals with exceptional needs placed in nonpublic, nonsectarian
schools into public schools, as appropriate. Under the program, a
pupil placed in a nonpublic, nonsectarian school and each individual
who has the right to make educational decisions for the pupil shall
be informed of all his or her rights relating to the educational
placement of the pupil. Existing dispute resolution procedures
involving public school enrollment or attendance shall be explained
to a pupil placed in a nonpublic, nonsectarian school in an age- and
developmentally appropriate manner. The Foster Child Ombudsman shall
disseminate the information on education rights to every foster child
residing in a licensed children's institution or foster family home.
(b) Following the development of the next statewide assessment
contract, the department shall submit to the Legislature a report on
the academic progress of pupils attending nonpublic, nonsectarian
schools serving individuals with exceptional needs. Using the results
of the two most recent years of the Standardized Testing and
Reporting (STAR) Program and the California Alternative Performance
Assessment, the report shall summarize by district the achievement of
all pupils attending a nonpublic, nonsectarian school. The
department shall ensure that the report does not violate the
confidentiality of individual pupil scores. In addition, the report
shall include an academic performance index score for pupils
attending nonpublic, nonsectarian schools for each district using the
same procedures as under Section 52052.
56366.12. A nonpublic, nonsectarian school shall ensure private and
confidential communication between a pupil of the nonpublic,
nonsectarian school and members of the pupil's individualized
education program team, at the pupil's discretion.
56367. (a) Placements in state special schools pursuant to Sections
59020, 59120, and 59220 shall be made only as a result of
recommendations from the individualized education program team, upon
a finding that no appropriate placement is available in the local
plan area.
(b) Notwithstanding the provisions of subdivision (a), referrals
for further assessment and recommendations to the California Schools
for the Deaf and Blind or the Diagnostic Centers, pursuant to Section
56326, shall not constitute placements in state special schools.
56368. (a) A program specialist is a specialist who holds a valid
special education credential, clinical services credential, health
services credential, or a school psychologist authorization and has
advanced training and related experience in the education of
individuals with exceptional needs and a specialized in-depth
knowledge in preschool disabilities, career vocational development,
or one or more areas of major disabling conditions.
(b) A program specialist may do all the following:
(1) Observe, consult with, and assist resource specialists,
designated instruction and services instructors, and special class
teachers.
(2) Plan programs, coordinate curricular resources, and evaluate
effectiveness of programs for individuals with exceptional needs.
(3) Participate in each school's staff development, program
development, and innovation of special methods and approaches.
(4) Provide coordination, consultation and program development
primarily in one specialized area or areas of his or her expertise.
(5) Be responsible for assuring that pupils have full educational
opportunity regardless of the district of residence.
(c) For purposes of Section 41403, a program specialist shall be
considered a pupil services employee, as defined in subdivision (c)
of Section 41401.
56369. A local educational agency may contract with another public
agency to provide special education or related services to an
individual with exceptional needs.
56360. Each special education local plan area shall ensure that a
continuum of program options is available to meet the needs of
individuals with exceptional needs for special education and related
services, as required by the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating
thereto.
56361. The continuum of program options shall include, but not
necessarily be limited to, all of the following or any combination of
the following:
(a) Regular education programs consistent with subparagraph (A) of
paragraph (5) of subsection (a) of Section 1412 of Title 20 of the
United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364.2.
(e) Nonpublic, nonsectarian school services pursuant to Section
56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially
designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and
settings other than classrooms where specially designed instruction
may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the
home, in hospitals, and in other institutions to the extent required
by federal law or regulation.
56361.2. All special education and related services for any
individual with exceptional needs who is younger than three years of
age shall be provided pursuant to Chapter 4.4 (commencing with
Section 56425).
56361.5. (a) In addition to the continuum of program options listed
in Section 56361, a local educational agency may contract with a
hospital to provide designated instruction and services, as defined
in subdivision (b) of Section 56363, required by the individual with
exceptional needs, as specified in the individualized education
program. However, a local educational agency shall not contract with
a sectarian hospital for instructional services. A local educational
agency shall contract with a hospital for designated instruction and
services required by the individual with exceptional needs only when
no appropriate public education program is available.
For purposes of this section, "hospital" means a health care
facility licensed by the State Department of Health Care Services.
(b) Contracts with hospitals pursuant to subdivision (a) shall be
subject to the procedures prescribed in Sections 56365, 56366, and
56366.5.
56362. (a) The resource specialist program shall provide, but not
be limited to, all of the following:
(1) Provision for a resource specialist or specialists who shall
provide instruction and services for those pupils whose needs have
been identified in an individualized education program developed by
the individualized education program team and who are assigned to
regular classroom teachers for a majority of a schoolday.
(2) Provision of information and assistance to individuals with
exceptional needs and their parents.
(3) Provision of consultation, resource information, and material
regarding individuals with exceptional needs to their parents and to
regular staff members.
(4) Coordination of special education services with the regular
school programs for each individual with exceptional needs enrolled
in the resource specialist program.
(5) Monitoring of pupil progress on a regular basis, participation
in the review and revision of individualized education programs, as
appropriate, and referral of pupils who do not demonstrate
appropriate progress to the individualized education program team.
(6) Emphasis at the secondary school level on academic
achievement, career and vocational development, and preparation for
adult life.
(b) The resource specialist program shall be under the direction
of a resource specialist who is a credentialed special education
teacher, or who has a clinical services credential with a special
class authorization, who has had three or more years of teaching
experience, including both regular and special education teaching
experience, as defined by rules and regulations of the Commission on
Teacher Credentialing, and who has demonstrated the competencies for
a resource specialist, as established by the Commission on Teacher
Credentialing.
(c) Caseloads for resource specialists shall be stated in the
local policies developed pursuant to Section 56195.8 and in
accordance with regulations established by the board. No resource
specialist shall have a caseload which exceeds 28 pupils.
(d) Resource specialists shall not simultaneously be assigned to
serve as resource specialists and to teach regular classes.
(e) Resource specialists shall not enroll a pupil for a majority
of a schoolday without approval by the pupil's individualized
education program team.
(f) At least 80 percent of the resource specialists within a local
plan shall be provided with an instructional aide.
56362.1. For the purposes of Section 56362, "caseload" shall
include, but not be limited to, all pupils for whom the resource
specialist performs any of the services described in subdivision (a)
of Section 56362.
56362.5. By July 1982, the Commission on Teacher Credentialing
shall adopt rules and regulations for a resource specialist
certificate of competence. The certificate shall provide all the
following:
(a) Definition of the competencies required of a resource
specialist.
(b) Provision for a system of direct application to the commission
for a certificate of competence for each teacher who holds a valid
special education credential, other than an emergency credential, and
who satisfies any one of the following criteria:
(1) Provided instruction and services as specified in subdivision
(a) of Section 80070.1 of Title 5 of the California Administrative
Code as it read immediately prior to July 28, 1980, for two years
prior to September 1, 1981.
(2) Provided instruction and services as specified in subdivision
(b) of Section 80070.2 of Title 5 of the California Administrative
Code as it read immediately prior to July 28, 1980, for two years
prior to June 30, 1983.
(c) Provision for the issuance, for up to three years, of a
preliminary nonrenewable certificate of competence for the resource
specialist, and adoption of the standards for the issuance and
continuing validity of such a certificate.
(d) Establishment of a system for verification of competencies
through both of the following:
(1) Commission on Teacher Credentialing approved institution of
higher education resource specialist certificate program.
(2) Commission on Teacher Credentialing approved competency
assessment panels for resource specialist certification.
(e) Cooperation with the department in implementing these
provisions.
Notwithstanding any other provision of law, any person who held a
preliminary resource specialist certificate of competence on January
28, 1982, and who met the requirements for a clear resource
specialist certificate of competence as specified in paragraph (1) of
subdivision (b) may be issued a clear resource specialist
certificate of competence upon submission of a completed application,
but without any additional fee.
56362.7. (a) The Legislature recognizes the need for specially
trained professionals to assess and serve pupils of limited English
proficiency. This is particularly true of pupils with exceptional
needs or pupils with suspected disabilities.
(b) The commission shall develop a bilingual-crosscultural
certificate of assessment competence for those professionals who may
participate in assessments for placements in special education
programs. The certificate shall be issued to holders of appropriate
credentials, certificates, or authorizations who demonstrate, by
written and oral examination, all of the following:
(1) That the person is competent in both the oral and written
skills of a language other than English.
(2) That the person has both the knowledge and understanding of
the cultural and historical heritage of the
limited-English-proficient individuals to be served.
(3) That the person has the ability to perform the assessment
functions the candidate is certified or authorized to perform in
English and in a language other than English.
(4) That the person has knowledge of the use of instruments and
other assessment techniques appropriate to evaluate
limited-English-proficient individuals with exceptional needs and
ability to develop appropriate data, instructional strategies,
individualized education programs, and evaluations.
(c) Certificates of bilingual-crosscultural competence for special
education professionals who implement individual education plans
requiring bilingual services shall be granted by the commission
pursuant to Section 44253.7.
(d) It is not the intent of the Legislature in enacting this
section that possession of any certificate established by this
section be a state-mandated requirement for employment or continued
employment. It is the intent that this is a matter for local
educational agencies to determine.
56363. (a) As used in this part, the term "designated instruction
and services" means "related services" as that term is defined in
Section 1401(26) of Title 20 of the United States Code and Section
300.34 of Title 34 of the Code of Federal Regulations. The term
"related services" means transportation, and such developmental,
corrective, and other supportive services (including speech-language
pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work services,
school nurse services designed to enable an individual with
exceptional needs to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling, orientation
and mobility services, and medical services, except that such
medical services shall be for diagnostic and evaluation purposes
only) as may be required to assist an individual with exceptional
needs to benefit from special education, and includes the early
identification and assessment of disabling conditions in children.
(b) These services may include, but are not limited to, the
following:
(1) Language and speech development and remediation. The language
and speech development and remediation services may be provided by a
speech-language pathology assistant as defined in subdivision (f) of
Section 2530.2 of the Business and Professions Code.
(2) Audiological services.
(3) Orientation and mobility services.
(4) Instruction in the home or hospital.
(5) Adapted physical education.
(6) Physical and occupational therapy.
(7) Vision services.
(8) Specialized driver training instruction.
(9) Counseling and guidance services, including rehabilitation
counseling.
(10) Psychological services other than assessment and development
of the individualized education program.
(11) Parent counseling and training.
(12) Health and nursing services, including school nurse services
designed to enable an individual with exceptional needs to receive a
free appropriate public education as described in the individualized
education program.
(13) Social worker services.
(14) Specially designed vocational education and career
development.
(15) Recreation services.
(16) Specialized services for low-incidence disabilities, such as
readers, transcribers, and vision and hearing services.
(17) Interpreting services.
(c) The terms "designated instruction and services" and "related
services" do not include a medical device that is surgically
implanted, including cochlear implants, the optimization of the
functioning of a medical device, maintenance of that device, or the
replacement of that device, pursuant to Section 300.34(b) of Title 34
of the Code of Federal Regulations. In accordance with Section
300.34(b) of Title 34 of the Code of Federal Regulations, nothing in
this subdivision shall do any of the following:
(1) Limit the right of an individual with exceptional needs with a
surgically implanted device, including a cochlear implant, to
receive related services or designated instruction and services that
are determined by the individualized education program team to be
necessary for the individual to receive a free appropriate public
education.
(2) Limit the responsibility of a local educational agency to
appropriately monitor and maintain medical devices that are needed to
maintain the health and safety of the individual, including
breathing, nutrition, or operation of other bodily functions, while
the individual is transported to and from school or is at school.
(3) Prevent the routine checking of an external component of a
surgically implanted device to make sure it is functioning properly,
as required by Section 300.113(b) of Title 34 of the Code of Federal
Regulations.
56363.1. A local educational agency is not required to purchase
medical equipment for an individual pupil. However, the local
educational agency is responsible for providing other specialized
equipment for use at school that is needed to implement the
individualized education program. For purposes of this section,
"medical equipment" does not include an assistive technology device,
as defined in Section 1401(1) of Title 20 of the United States Code.
56363.3. The average caseload for language, speech, and hearing
specialists in special education local plan areas shall not exceed 55
cases, unless the local plan specifies a higher average caseload and
the reasons for the greater average caseload.
56363.5. Local educational agencies may seek, either directly or
through the pupil's parents or guardians, reimbursement from
insurance companies to cover the costs of related services, in
accordance with Section 300.154(d) to (h), inclusive, of the Code of
Federal Regulations.
56364.1. Notwithstanding the provisions of Section 56364.2, pupils
with low incidence disabilities may receive all or a portion of their
instruction in the regular classroom and may also be enrolled in
special classes taught by appropriately credentialed teachers who
serve these pupils at one or more schoolsites. The instruction shall
be provided in a manner which is consistent with the guidelines
adopted pursuant to Section 56136 and in accordance with the
individualized education program.
56364.2. (a) Special classes that serve pupils with similar and
more intensive educational needs shall be available. The special
classes may enroll pupils only when the nature or severity of the
disability of the individual with exceptional needs is such that
education in the regular classes with the use of supplementary aids
and services, including curriculum modification and behavioral
support, cannot be achieved satisfactorily. These requirements also
apply to separate schooling, or other removal of individuals with
exceptional needs from the regular educational environment.
(b) In providing or arranging for the provision of activities,
each public agency shall ensure that each individual with exceptional
needs participates in those activities with nondisabled pupils to
the maximum extent appropriate to the needs of the individual with
exceptional needs, including nonacademic and extracurricular services
and activities. Special classes shall meet standards adopted by the
board.
(c) This section shall only apply to special education local plan
areas that have had a revised local plan approved pursuant to Section
56836.03.
56365. (a) Services provided by nonpublic, nonsectarian schools, as
defined pursuant to Section 56034, and nonpublic, nonsectarian
agencies, as defined pursuant to Section 56035, shall be made
available. These services shall be provided pursuant to Section
56366, and in accordance with Section 300.146 of Title 34 of the Code
of Federal Regulations, under contract with the local educational
agency to provide the appropriate special educational facilities,
special education, or designated instruction and services required by
the individual with exceptional needs if no appropriate public
education program is available.
(b) Pupils enrolled in nonpublic, nonsectarian schools and
agencies under this section shall be deemed to be enrolled in public
schools for all purposes of Chapter 4 (commencing with Section 41600)
of Part 24 and Section 42238. The local educational agency shall be
eligible to receive allowances under Articles 3 (commencing with
Section 56836.165) and 4 (commencing with Section 56836.20) of
Chapter 7.2 for services that are provided to individuals with
exceptional needs pursuant to the contract.
(c) If the state participates in the federal program of assistance
for state-operated or state-supported programs for individuals with
exceptional needs (P.L. 89-313, Sec. 6), pupils enrolled in
nonpublic, nonsectarian schools shall be deemed to be enrolled in
state-supported institutions for all purposes of that program and
shall be eligible to receive allowances under Chapter 7.2 (commencing
with Section 56836) for supplemental services provided to
individuals with exceptional needs pursuant to a contract with a
local educational agency. In order to participate in the federal
program, the state shall find that participation will not result in
any additional expenditures from the General Fund.
(d) The local educational agency shall pay to the nonpublic,
nonsectarian school or agency the full amount of the tuition for
individuals with exceptional needs that are enrolled in programs
provided by the nonpublic, nonsectarian school pursuant to the
contract.
(e) Before contracting with a nonpublic, nonsectarian school or
agency outside of this state, the local educational agency shall
document its efforts to utilize public schools or to locate an
appropriate nonpublic, nonsectarian school or agency program, or
both, within the state.
(f) If a local educational agency places a pupil with a nonpublic,
nonsectarian school or agency outside of this state, the pupil's
individualized education program team shall submit a report to the
Superintendent within 15 days of the placement decision. The report
shall include information about the special education and related
services provided by the out-of-state program placement and the costs
of the special education and related services provided, and shall
indicate the efforts of the local educational agency to locate an
appropriate public school or nonpublic, nonsectarian school or
agency, or a combination thereof, within the state. The
Superintendent shall submit a report to the board on all placements
made outside of this state.
(g) If a local educational agency decides to place a pupil with a
nonpublic, nonsectarian school or agency outside of this state, that
local educational agency shall indicate the anticipated date for the
return of the pupil to a public or nonpublic, nonsectarian school or
agency placement, or a combination thereof, located in the state and
shall document efforts during the previous placement year to return
the pupil.
(h) In addition to meeting the requirements of Section 56366.1, a
nonpublic, nonsectarian school or agency that operates a program
outside of this state shall be certified or licensed by that state to
provide, respectively, special education and related services and
designated instruction and related services to pupils under the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.).
(i) A nonpublic, nonsectarian school or agency that is located
outside of this state is eligible for certification pursuant to
Section 56366.1 only if a pupil is enrolled in a program operated by
that school or agency pursuant to the recommendation of an
individualized education program team in California, and if that
pupil's parents or guardians reside in California.
(j) In accordance with Section 300.147(b) and (c) of Title 34 of
the Code of Federal Regulations, the department shall disseminate
copies of applicable standards to each nonpublic, nonsectarian school
and nonpublic, nonsectarian agency to which a local educational
agency has referred or placed an individual with exceptional needs
and shall provide an opportunity for those nonpublic, nonsectarian
schools and nonpublic, nonsectarian agencies to participate in the
development and revision of state standards that apply to those
entities.
56366. It is the intent of the Legislature that the role of a
nonpublic, nonsectarian school or agency shall be maintained and
continued as an alternative special education service available to a
local educational agency and parents.
(a) The master contract for nonpublic, nonsectarian school or
agency services shall be developed in accordance with the following
provisions:
(1) The master contract shall specify the general administrative
and financial agreements, including teacher-to-pupil ratios, between
the nonpublic, nonsectarian school or agency and the local
educational agency to provide the special education and designated
instruction and services, as well as transportation specified in each
pupil's individualized education program. The administrative
provisions of the contract also shall include procedures for
recordkeeping and documentation, and the maintenance of school
records by the contracting local educational agency to ensure that
appropriate high school graduation credit is received by each pupil.
The contract may allow for partial or full-time attendance at the
nonpublic, nonsectarian school.
(2) (A) The master contract shall include an individual services
agreement for each pupil placed by a local educational agency that
will be negotiated for the length of time for which nonpublic,
nonsectarian school or agency special education and designated
instruction and services are specified in the pupil's individualized
education program.
(B) The master contract shall include a description of the process
being utilized by the local educational agency to oversee and
evaluate placements in nonpublic, nonsectarian schools, as required
by federal law. This description shall include a method for
evaluating whether each pupil is making appropriate educational
progress. At least once every year, the local educational agency
shall do all of the following and, to the extent possible, the
following shall be conducted as part of the development and provision
of an individualized education program:
(i) Evaluate the educational progress of each pupil placed in a
nonpublic, nonsectarian school, including all state assessment
results pursuant to the requirements of Section 52052.
(ii) Consider whether or not the needs of the pupil continue to be
best met at the nonpublic, nonsectarian school and whether changes
to the individualized education program of the pupil are necessary,
including whether the pupil may be transitioned to a public school
setting. This consideration shall be made at the meeting required by
subdivision (d) of Section 56343.
(C) In the case of a nonpublic, nonsectarian school that is owned,
operated by, or associated with a licensed children's institution,
the master contract shall include a method for evaluating whether the
nonpublic, nonsectarian school is in compliance with the mandate set
forth in Section 56366.9 of this code and subdivision (b) of Section
1501.1 of the Health and Safety Code.
(3) Changes in educational instruction, services, or placement
provided under contract may only be made on the basis of revisions to
a pupil's individualized education program.
At any time during the term of the contract or individual services
agreement, the parent, the nonpublic, nonsectarian school or agency,
or the local educational agency may request a review of a pupil's
individualized education program by the individualized education
program team. Changes in the administrative or financial agreements
of the master contract that do not alter the individual services
agreement that outlines each pupil's educational instruction,
services, or placement may be made at any time during the term of the
contract as mutually agreed by the nonpublic, nonsectarian school or
agency and the local educational agency.
(4) The master contract or individual services agreement may be
terminated for cause. The cause shall not be the availability of a
public class initiated during the period of the contract unless the
parent agrees to the transfer of the pupil to a public school
program. To terminate the contract either party shall give 20 days'
notice.
(5) The nonpublic, nonsectarian school or agency shall provide all
services specified in an individualized education program, unless
the nonpublic, nonsectarian school or agency and the local
educational agency agree otherwise in the contract or individual
services agreement.
(6) Related services provided pursuant to a nonpublic,
nonsectarian agency master contract shall only be provided during the
period of a pupil's regular or extended school year program, or
both, unless otherwise specified by the pupil's individualized
education program.
(7) The nonpublic, nonsectarian school or agency shall report
attendance of pupils receiving special education and designated
instruction and services, as defined by Section 46307, for purposes
of submitting a warrant for tuition to each contracting local
educational agency.
(8) (A) A nonpublic, nonsectarian school is subject to the
alternative accountability system developed pursuant to Section 52052
in the same manner as public schools and each pupil placed in the
nonpublic, nonsectarian school by a local educational agency shall be
tested by qualified staff of the nonpublic, nonsectarian school in
accordance with that accountability program. The test results shall
be reported by the nonpublic, nonsectarian school to the department.
(B) Beginning with the 2006-07 school year testing cycle, each
nonpublic, nonsectarian school shall determine its STAR testing
period subject to subdivisions (b) and (c) of Section 60640. The
nonpublic, nonsectarian school shall determine this period based on
completion of 85 percent of the instructional year at that nonpublic,
nonsectarian school, plus and minus 10 days, resulting in a 21-day
period. Each nonpublic, nonsectarian school shall notify the district
of residence of a pupil enrolled in the school of its testing
period. Staff at the nonpublic, nonsectarian school who administer
the assessments shall attend the regular testing training sessions
provided by the district of residence. If staff from a nonpublic,
nonsectarian school have received training from one local educational
agency, that training will be sufficient for all local educational
agencies that send pupils to the nonpublic, nonsectarian school. The
district of residence shall order testing materials for its pupils
that have been placed in the nonpublic, nonsectarian school. The
board shall adopt regulations to facilitate the distribution of and
collection of testing materials.
(9) With respect to a nonpublic, nonsectarian school, the school
shall prepare a school accountability report card in accordance with
Section 33126.
(b) The master contract or individual services agreement shall not
include special education transportation provided through the use of
services or equipment owned, leased, or contracted by a local
educational agency for pupils enrolled in the nonpublic, nonsectarian
school or agency unless provided directly or subcontracted by that
nonpublic, nonsectarian school or agency.
The superintendent shall withhold 20 percent of the amount
apportioned to a local educational agency for costs related to the
provision of nonpublic, nonsectarian school or agency placements if
the superintendent finds that the local educational agency is in
noncompliance with this subdivision. This amount shall be withheld
from the apportionments in the fiscal year following the
superintendent's finding of noncompliance. The superintendent shall
take other appropriate actions to prevent noncompliant practices from
occurring and report to the Legislature on those actions.
(c) (1) If a pupil is enrolled in a nonpublic, nonsectarian school
or agency with the approval of the local educational agency prior to
agreement to a contract or individual services agreement, the local
educational agency shall issue a warrant, upon submission of an
attendance report and claim, for an amount equal to the number of
creditable days of attendance at the per diem tuition rate agreed
upon prior to the enrollment of the pupil. This provision shall be
allowed for 90 days during which time the contract shall be
consummated.
(2) If after 60 days the master contract or individual services
agreement has not been finalized as prescribed in paragraph (1) of
subdivision (a), either party may appeal to the county superintendent
of schools, if the county superintendent is not participating in the
local plan involved in the nonpublic, nonsectarian school or agency
contract, or the superintendent, if the county superintendent is
participating in the local plan involved in the contract, to
negotiate the contract. Within 30 days of receipt of this appeal, the
county superintendent or the superintendent, or his or her designee,
shall mediate the formulation of a contract, which shall be binding
upon both parties.
(d) A master contract for special education and related services
provided by a nonpublic, nonsectarian school or agency may not be
authorized under this part, unless the school or agency has been
certified as meeting those standards relating to the required special
education and specified related services and facilities for
individuals with exceptional needs. The certification shall result in
the school or agency receiving approval to educate pupils under this
part for a period no longer than 18 months from the date of the
initial approval.
(e) By September 30, 1998, the procedures, methods, and
regulations for the purposes of contracting for nonpublic,
nonsectarian school and agency services pursuant to this section and
for reimbursement pursuant to Sections 56836.16 and 56836.20 shall be
developed by the superintendent in consultation with statewide
organizations representing providers of special education and
designated instruction and services. The regulations shall be
established by rules and regulations issued by the board.
56366.1. (a) A nonpublic, nonsectarian school or agency that seeks
certification shall file an application with the Superintendent on
forms provided by the department and include the following
information on the application:
(1) A description of the special education and designated
instruction and services provided to individuals with exceptional
needs if the application is for nonpublic, nonsectarian school
certification.
(2) A description of the designated instruction and services
provided to individuals with exceptional needs if the application is
for nonpublic, nonsectarian agency certification.
(3) A list of appropriately qualified staff, a description of the
credential, license, or registration that qualifies each staff member
rendering special education or designated instruction and services
to do so, and copies of their credentials, licenses, or certificates
of registration with the appropriate state or national organization
that has established standards for the service rendered.
(4) An annual operating budget.
(5) Affidavits and assurances necessary to comply with all
applicable federal, state, and local laws and regulations that
include criminal record summaries required of all nonpublic,
nonsectarian school or agency personnel having contact with minor
children under Section 44237.
(b) (1) The applicant shall provide the special education local
plan area in which the applicant is located with the written
notification of its intent to seek certification or renewal of its
certification. The applicant shall submit on a form, developed by the
department, a signed verification by local educational agency
representatives that they have been notified of the intent to certify
or renew certification. The verification shall include a statement
that representatives of the local educational agency for the area in
which the applicant is located have had the opportunity to review the
application at least 60 calendar days prior to submission of an
initial application to the Superintendent, or at least 30 calendar
days prior to submission of a renewal application to the
Superintendent. The signed verification shall provide assurances that
local educational agency representatives have had the opportunity to
provide input on all required components of the application.
(2) If the applicant has not received a response from the local
educational agency 60 calendar days from the date of the return
receipt for initial applications or 30 calendar days from the date of
the return receipt for renewal applications, the applicant may file
the application with the Superintendent. A copy of the return receipt
shall be included with the application as verification of
notification efforts to the local educational agency.
(3) The department shall mail renewal application materials to
certified nonpublic, nonsectarian schools and agencies at least 120
days prior to the date their current certification expires.
(c) If the applicant operates a facility or program on more than
one site, each site shall be certified.
(d) If the applicant is part of a larger program or facility on
the same site, the Superintendent shall consider the effect of the
total program on the applicant. A copy of the policies and standards
for the nonpublic, nonsectarian school or agency and the larger
program shall be available to the Superintendent.
(e) Prior to certification, the Superintendent shall conduct an
onsite review of the facility and program for which the applicant
seeks certification. The Superintendent may be assisted by
representatives of the special education local plan area in which the
applicant is located and a nonpublic, nonsectarian school or agency
representative who does not have a conflict of interest with the
applicant. The Superintendent shall conduct an additional onsite
review of the facility and program within three years of the
effective date of the certification, unless the Superintendent
conditionally certifies the school or agency or unless the
Superintendent receives a formal complaint against the school or
agency. In the latter two cases, the Superintendent shall conduct an
onsite review at least annually.
(f) The Superintendent shall make a determination on an
application within 120 days of receipt of the application and shall
certify, conditionally certify, or deny certification to the
applicant. If the Superintendent fails to take one of these actions
within 120 days, the applicant is automatically granted conditional
certification for a period terminating on August 31 of the current
school year. If certification is denied, the Superintendent shall
provide reasons for the denial. The Superintendent may certify the
school or agency for a period of not longer than one year.
(g) Certification becomes effective on the date the nonpublic,
nonsectarian school or agency meets all the application requirements
and is approved by the Superintendent. Certification may be
retroactive if the school or agency met all the requirements of this
section on the date the retroactive certification is effective.
Certification expires on December 31 of the terminating year.
(h) The Superintendent annually shall review the certification of
each nonpublic, nonsectarian school and agency. For this purpose, a
certified school or agency annually shall update its application
between August 1 and October 31, unless the board grants a waiver
pursuant to Section 56101. The Superintendent may conduct an onsite
review as part of the annual review.
(i) (1) The Superintendent shall conduct an investigation of a
nonpublic, nonsectarian school or agency onsite at any time without
prior notice if there is substantial reason to believe that there is
an immediate danger to the health, safety, or welfare of a child. The
Superintendent shall document the concern and submit it to the
nonpublic, nonsectarian school or agency at the time of the onsite
investigation. The Superintendent shall require a written response to
any noncompliance or deficiency found.
(2) With respect to a nonpublic, nonsectarian school, the
Superintendent shall conduct an investigation, which may include an
unannounced onsite visit, if the Superintendent receives evidence of
a significant deficiency in the quality of educational services
provided, a violation of Section 56366.9, or noncompliance with the
policies expressed by subdivision (b) of Section 1501 of the Health
and Safety Code by the nonpublic, nonsectarian school. The
Superintendent shall document the complaint and the results of the
investigation and shall provide copies of the documentation to the
complainant, the nonpublic, nonsectarian school, and the contracting
local educational agency.
(3) Violations or noncompliance documented pursuant to paragraph
(1) or (2) shall be reflected in the status of the certification of
the school, at the discretion of the Superintendent, pending an
approved plan of correction by the nonpublic, nonsectarian school.
The department shall retain for a period of 10 years all violations
pertaining to certification of the nonpublic, nonsectarian school or
agency.
(j) The Superintendent shall monitor the facilities, the
educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service,
the standards-based core curriculum being employed, and the
standard-focused instructional materials used, of an existing
certified nonpublic, nonsectarian school or agency on a three-year
cycle, as follows:
(1) The nonpublic, nonsectarian school or agency shall complete a
self-review in year one.
(2) The Superintendent shall conduct an onsite review of the
nonpublic, nonsectarian school or agency in year two.
(3) The Superintendent shall conduct a followup visit to the
nonpublic, nonsectarian school or agency in year three.
(k) (1) Notwithstanding any other provision of law, the
Superintendent shall not certify a nonpublic, nonsectarian school or
agency that proposes to initiate or expand services to pupils
currently educated in the immediate prior fiscal year in a juvenile
court program, community school pursuant to Section 56150, or other
nonspecial education program, including independent study or adult
school, or both, unless the nonpublic, nonsectarian school or agency
notifies the county superintendent of schools and the special
education local plan area in which the proposed new or expanded
nonpublic, nonsectarian school or agency is located of its intent to
seek certification.
(2) The notification shall occur no later than the December 1
prior to the new fiscal year in which the proposed or expanding
school or agency intends to initiate services. The notice shall
include the following:
(A) The specific date upon which the proposed nonpublic,
nonsectarian school or agency is to be established.
(B) The location of the proposed program or facility.
(C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community school, or
other nonspecial education program, the current school services
including special education and related services provided for these
pupils, and the specific program of special education and related
services to be provided under the proposed program.
(D) The reason for the proposed change in services.
(E) The number of staff who will provide special education and
designated instruction and services and hold a current valid
California credential or license in the service rendered.
(3) In addition to the requirements in subdivisions (a) to (f),
inclusive, the Superintendent shall require and consider the
following in determining whether to certify a nonpublic, nonsectarian
school or agency as described in this subdivision:
(A) A complete statement of the information required as part of
the notice under paragraph (1).
(B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency, including
information related to changes in the population to be served and the
services to be provided pursuant to each pupil's individualized
education program.
(4) Notwithstanding any other provision of law, the certification
becomes effective no earlier than July 1 if the school or agency
provided the notification required pursuant to paragraph (1).
(l) (1) Notwithstanding any other provision of law, the
Superintendent shall not certify or renew the certification of a
nonpublic, nonsectarian school or agency, unless all of the following
conditions are met:
(A) The entity operating the nonpublic, nonsectarian school or
agency maintains separate financial records for each entity that it
operates, with each nonpublic, nonsectarian school or agency
identified separately from any licensed children's institution that
it operates.
(B) The entity submits an annual budget that identifies the
projected costs and revenues for each entity and demonstrates that
the rates to be charged are reasonable to support the operation of
the entity.
(C) The entity submits an entitywide annual audit that identifies
its costs and revenues, by entity, in accordance with generally
accepted accounting and auditing principles. The audit shall clearly
document the amount of moneys received and expended on the education
program provided by the nonpublic, nonsectarian school.
(D) The relationship between various entities operated by the same
entity are documented, defining the responsibilities of the
entities. The documentation shall clearly identify the services to be
provided as part of each program, for example, the residential or
medical program, the mental health program, or the educational
program. The entity shall not seek funding from a public agency for a
service, either separately or as part of a package of services, if
the service is funded by another public agency, either separately or
as part of a package of services.
(2) For purposes of this section, "licensed children's institution"
has the same meaning as it is defined by Section 56155.5.
(m) The school or agency shall be charged a reasonable fee for
certification. The Superintendent may adjust the fee annually
commensurate with the statewide average percentage inflation
adjustment computed for revenue limits of unified school districts
with greater than 1,500 units of average daily attendance if the
percentage increase is reflected in the district revenue limit for
inflation purposes. For purposes of this section, the base fee shall
be the following:
(1) 1-5 pupils................ $ 300
(2) 6-10 pupils............... 500
(3) 11-24 pupils.............. 1,000
(4) 25-75 pupils.............. 1,500
(5) 76 pupils and over........ 2,000
The school or agency shall pay this fee when it applies for
certification and when it updates its application for annual renewal
by the Superintendent. The Superintendent shall use these fees to
conduct onsite reviews, which may include field experts. No fee shall
be refunded if the application is withdrawn or is denied by the
Superintendent.
(n) (1) Notwithstanding any other provision of law, only those
nonpublic, nonsectarian schools and agencies that provide special
education and designated instruction and services utilizing staff who
hold a certificate, permit, or other document equivalent to that
which staff in a public school are required to hold in the service
rendered are eligible to receive certification. Only those nonpublic,
nonsectarian schools or agencies located outside of California that
employ staff who hold a current valid credential or license to render
special education and related services as required by that state
shall be eligible to be certified.
(2) The board shall develop regulations to implement this
subdivision.
(o) In addition to meeting the standards adopted by the board, a
nonpublic, nonsectarian school or agency shall provide written
assurances that it meets all applicable standards relating to fire,
health, sanitation, and building safety.
56366.2. (a) A local educational agency, nonpublic, nonsectarian
school, or nonpublic, nonsectarian agency may petition the
Superintendent to waive one or more of the requirements under
Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state
the reasons for the waiver request, and shall include the following:
(1) Sufficient documentation to demonstrate that the waiver is
necessary to the content and implementation of a specific pupil's
individualized education program and the pupil's current placement.
(2) The period of time that the waiver will be effective during
any one school year.
(3) Documentation and assurance that the waiver does not abrogate
any right provided to individuals with exceptional needs and their
parents or guardians under state or federal law, and does not hinder
the compliance of a local educational agency with the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), Section 504 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to
those acts.
(b) No waiver shall be granted for reimbursement of those costs
prohibited under Article 4 (commencing with Section 56836.20) of
Chapter 7.2 of Part 30 or for the certification requirements pursuant
to Section 56366.1 unless approved by the board pursuant to Section
56101.
(c) In submitting the annual report on waivers granted under
Section 56101 and this section to the board, the Superintendent shall
specify information related to the provision of special education
and related services to individuals with exceptional needs through
contracts with nonpublic, nonsectarian schools and agencies located
in the state, nonpublic, nonsectarian school and agency placements in
facilities located out of state, and the specific section waived
pursuant to this section.
56366.3. (a) No contract for special education and related services
provided by a nonpublic, nonsectarian agency shall be reimbursed by
the state pursuant to Article 4 (commencing with Section 56836.20) of
Chapter 7.2 and Section 56836.16 if the contract covers special
education and related services, administration, or supervision by an
individual who is or was an employee of a contracting local
educational agency within the last 365 days. Former contracting
agency personnel may be employed by a nonpublic, nonsectarian agency
if the personnel were involuntarily terminated or laid off as part of
necessary staff reductions from the local educational agency.
(b) This section does not apply to any person who is able to
provide designated instruction and services during the extended
school year because he or she is otherwise employed for up to 10
months of the school year by the local educational agency.
56366.4. (a) The Superintendent may revoke or suspend the
certification of a nonpublic, nonsectarian school or agency for any
of the following reasons:
(1) Violation of an applicable state or federal rule or
regulation, or aiding, abetting, or permitting the violation of an
applicable state or federal rule or regulation.
(2) Falsification or intentional misrepresentation of an element
of the application, pupil records, or program presented for
certification purposes.
(3) Conduct in the operation or maintenance of the nonpublic,
nonsectarian school or agency that is harmful to the health, welfare,
or safety of an individual with exceptional needs.
(4) Failure to comply with a provision in the contract with the
local educational entity.
(5) Failure to notify the department in writing of any of the
following within 45 days of the occurrence:
(A) Changes in credentialed, licensed, or registered staff who
render special education and related services, ownership, management,
or control of the nonpublic, nonsectarian school or agency.
(B) Major modification or relocation of facilities.
(C) Significant modification of the nonpublic, nonsectarian school
or agency program.
(6) Failure to implement recommendations and compliance
requirements following an onsite review of the school or agency.
(7) Failure to provide appropriate services, supplies, equipment,
or facilities for a pupil as required in his or her individualized
education program.
(8) Failure to notify the Superintendent in writing within 10 days
of the revocation or suspension of a license or permit, including,
but not limited to, a residential care license, business license, or
other required license or permit.
(9) Failure to implement a pupil's individualized education
program.
(10) Failure to notify the Superintendent in writing within 10
days of the death of a pupil or any other individual of unnatural
causes within the school or agency, including the circumstances
surrounding the death and appropriate preventative measures being
taken or recommended.
(b) The Superintendent shall notify contracting local educational
agencies and the special education local plan area in which the
nonpublic, nonsectarian school or agency is located of the
determination to suspend or revoke state certification.
(c) If the Superintendent determines that a nonpublic,
nonsectarian school or agency has violated the certification
requirements pursuant to this section and revokes the certification,
the nonpublic, nonsectarian school or agency; the site administrator,
business, organization, or entity involved in the administration of
the nonpublic, nonsectarian school or agency whose certification was
revoked; and the site administrator, business, organization, or
entity whose nonpublic, nonsectarian school or agency certification
was revoked at any time previously, shall not be eligible to apply
for recertification of the school or agency for two full years from
the date of revocation.
56366.5. (a) Upon receipt of a request from a nonpublic,
nonsectarian school for payment for services provided under a
contract entered into pursuant to Sections 56365 and 56366, the local
educational agency shall either (1) send a warrant for the amount
requested within 45 days, or (2) notify the nonpublic, nonsectarian
school within 10 working days of any reason why the requested payment
shall not be paid.
(b) If the local educational agency fails to comply with
subdivision (a), the nonpublic, nonsectarian school may require the
local educational agency to pay an additional amount of 1 1/2 percent
of the unpaid balance per month until full payment is made. The
local educational agency may not claim reimbursement from the state
for the additional amount pursuant to any provision of law, including
any provision contained in Chapter 3 (commencing with Section 2201)
of Part 4 of Division 1 of the Revenue and Taxation Code.
(c) Any educational funds received from a local educational agency
for the educational costs of individuals with exceptional needs it
has placed in nonpublic, nonsectarian schools shall be used solely
for those purposes and not for the costs of a residential program.
56366.6. (a) Within 20 working days following the nonpublic,
nonsectarian school's or agency's receipt of the notice of denial,
revocation, or suspension of certification, the nonpublic,
nonsectarian school or agency may file a written petition to request
a review of the decision by the superintendent. The petition may
include written arguments or a request to present an oral argument.
(b) Within 30 working days after the receipt of the written
petition, the superintendent or a designee shall review the decision
and the applicant's petition and render a written, reasoned decision
that shall be the final administrative decision. The designee of the
superintendent shall be impartial, unbiased, and shall not have
participated in the department decision to deny, revoke, or suspend
the nonpublic, nonsectarian school or agency certification.
(c) Any public education agency that contracts with a certified
nonpublic, nonsectarian school or agency may request the
superintendent to review the status of the nonpublic school or
agency. The request shall be in writing and a copy sent to the
nonpublic school or agency.
56366.8. The department, as a part of its certification process and
complaint investigation process for nonpublic, nonsectarian schools
or agencies shall do all of the following:
(a) Provide advance notice of certification reviews to the
contracting local educational agency, and to the nonpublic,
nonsectarian school or agency under certification review.
(b) Provide advance notice of complaint investigations to the
contracting local educational agency.
(c) Include the contracting local educational agency in
certification reviews and complaint investigations.
(d) Transmit final reports of certification reviews and complaint
investigations to local educational agencies, placement agencies, and
other public educational agencies that contract with the nonpublic,
nonsectarian school or agency.
56366.9. A licensed children's institution at which individuals
with exceptional needs reside shall not require as a condition of
residential placement that it provide the appropriate educational
programs to those individuals through a nonpublic, nonsectarian
school or agency owned, operated by, or associated with, a licensed
children's institution. Those services may only be provided if the
special education local plan area determines that appropriate public
alternative educational programs are not available.
56366.10. In addition to the certification requirements set forth
in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that
provides special education and related services to an individual with
exceptional needs shall certify in writing to the Superintendent
that it meets all of the following requirements:
(a) It will not accept a pupil with exceptional needs if it cannot
provide or ensure the provision of the services outlined in the
pupil's individualized education program.
(b) Pupils have access to the following educational materials,
services, and programs that are consistent with each pupil's
individualized education program:
(1) (A) For kindergarten and grades 1 to 8, inclusive,
state-adopted, standards-based, core curriculum and instructional
materials, including technology-based materials as defined in Section
60010.
(B) For grades 9 to 12, inclusive, standards-based, core
curriculum and instructional materials, including technology-based
materials as defined in Section 60010, used by any local educational
agency that contracts with the nonpublic, nonsectarian school.
(2) College preparation courses.
(3) Extracurricular activities, such as art, sports, music, and
academic clubs.
(4) Career preparation and vocational training, consistent with
transition plans pursuant to state and federal law.
(5) Supplemental assistance, including individual academic
tutoring, psychological counseling, and career and college
counseling.
(c) The teachers and staff provide academic instruction and
support services to pupils with the goal of integrating pupils into
the least restrictive environment pursuant to federal law.
(d) The school has and abides by a written policy for pupil
discipline which is consistent with state and federal law and
regulations.
56366.11. (a) The department shall implement a program to integrate
individuals with exceptional needs placed in nonpublic, nonsectarian
schools into public schools, as appropriate. Under the program, a
pupil placed in a nonpublic, nonsectarian school and each individual
who has the right to make educational decisions for the pupil shall
be informed of all his or her rights relating to the educational
placement of the pupil. Existing dispute resolution procedures
involving public school enrollment or attendance shall be explained
to a pupil placed in a nonpublic, nonsectarian school in an age- and
developmentally appropriate manner. The Foster Child Ombudsman shall
disseminate the information on education rights to every foster child
residing in a licensed children's institution or foster family home.
(b) Following the development of the next statewide assessment
contract, the department shall submit to the Legislature a report on
the academic progress of pupils attending nonpublic, nonsectarian
schools serving individuals with exceptional needs. Using the results
of the two most recent years of the Standardized Testing and
Reporting (STAR) Program and the California Alternative Performance
Assessment, the report shall summarize by district the achievement of
all pupils attending a nonpublic, nonsectarian school. The
department shall ensure that the report does not violate the
confidentiality of individual pupil scores. In addition, the report
shall include an academic performance index score for pupils
attending nonpublic, nonsectarian schools for each district using the
same procedures as under Section 52052.
56366.12. A nonpublic, nonsectarian school shall ensure private and
confidential communication between a pupil of the nonpublic,
nonsectarian school and members of the pupil's individualized
education program team, at the pupil's discretion.
56367. (a) Placements in state special schools pursuant to Sections
59020, 59120, and 59220 shall be made only as a result of
recommendations from the individualized education program team, upon
a finding that no appropriate placement is available in the local
plan area.
(b) Notwithstanding the provisions of subdivision (a), referrals
for further assessment and recommendations to the California Schools
for the Deaf and Blind or the Diagnostic Centers, pursuant to Section
56326, shall not constitute placements in state special schools.
56368. (a) A program specialist is a specialist who holds a valid
special education credential, clinical services credential, health
services credential, or a school psychologist authorization and has
advanced training and related experience in the education of
individuals with exceptional needs and a specialized in-depth
knowledge in preschool disabilities, career vocational development,
or one or more areas of major disabling conditions.
(b) A program specialist may do all the following:
(1) Observe, consult with, and assist resource specialists,
designated instruction and services instructors, and special class
teachers.
(2) Plan programs, coordinate curricular resources, and evaluate
effectiveness of programs for individuals with exceptional needs.
(3) Participate in each school's staff development, program
development, and innovation of special methods and approaches.
(4) Provide coordination, consultation and program development
primarily in one specialized area or areas of his or her expertise.
(5) Be responsible for assuring that pupils have full educational
opportunity regardless of the district of residence.
(c) For purposes of Section 41403, a program specialist shall be
considered a pupil services employee, as defined in subdivision (c)
of Section 41401.
56369. A local educational agency may contract with another public
agency to provide special education or related services to an
individual with exceptional needs.
