Questions relating to
- Placement/Contract
- NPS/A Certification Process
- Reviews
- Assembly Bill 1858/Regulations
- Individualized Education Program (IEP)
- Assessment
- Teachers Qualifications
- Curriculum/Textbooks/Graduation/Transition
- Complaints
- Miscellaneous
Placement/Contract
1. What can we do if a student is inappropriately placed at our nonpublic school (NPS) and the parent/district wants to continue placement?
Convene an Individualized Education Program (IEP) team meeting to discuss program/placement options that meet the educational needs of the child.
2. If the local education agency (LEA) and the NPS have agreed through contract to a certain number of minutes in a year and minutes per day, will we have to increase them to meet California Education Code (EC) requirements?
At a minimum, an NPS must meet the minimum school day requirements found in the EC for specific grades and settings. Generally master contracts and individual service agreement requirements are in excess of the minimum school day requirements found in the EC sections (§) 46110-46119 and 46140-46147.
NPS/A Certification Process
3. Where does an NPS or nonpublic agency (NPA) send the Notification of Intent form?
The Notification of Intent form should be sent to the Special Education Local Plan Area (SELPA) where the NPS or NPA is located.
4. Who is responsible for signing the Notification of Intent form for an out-of-state NPS?
Any SELPA who has a member LEA that is contracting with that particular out-of-state NPS may receive and complete the Notification of Intent form. The out-of-state NPS would make a determination which SELPA would receive the application and form.
5. . What happens if the SELPA fails to process the Notice of Intent form in a timely manner pursuant to EC § 56366.1 (b)(1)? Should this be stipulated on the form?
The SELPA has 30 calendar days to respond for a renewal application, and 60 calendar days to respond for a new application. The count begins on the date of the return receipt the NPS or NPA used when they mailed a copy of the application to the SELPA. If the SELPA fails to process the Notice of Intent form in a timely manner, the NPS or agency may submit the application directly to the California Department of Education (CDE). It is important, therfore, that NPSs and agencies request a return receipt when submitting a copy of the original application to the SELPA. to show proof of receipt if the application is submitted directly to the CDE.
6. Certification timelines are currently on the calendar year. Why can’t they be part of the fiscal year to align with the master contracts?
EC § 56366.1(b)(2) establishes the calendar year for NPS and NPA certification. Any change would require a legislative amendment to the EC.
Reviews
7. What is the site review process for an NPS with multiple sites?
Each site will be scheduled for a separate onsite review.
8. When are the onsite reviews conducted?
Onsite reviews generally are scheduled during the normal school year (September – June).
9. What are the consequences if an NPS or NPA does not meet renewal certification standards?
The CDE may not issue an NPS or NPA certification to the applicant.
10. Are there any consequences for the LEA when the NPS does not meet certification standards?
If the NPS fails to meet certification standards, the LEA would lose a placement option to meet the needs of students with disabilities.
11. According to EC § 56366.10(b)(1)(A-B) and review rubrics, NPS students in grades kindergarten through eight must have access to state adopted, standards-based, core curriculum and instructional materials, and students in grades nine through twelve must have access to standards-based, core curriculum and instructional materials used by any LEA that contracts with the NPS. Is there a process to deal with exceptional situations?
The CDE does not have authority to waive the statutory requirements for NPS certification. However, certain provisions of the EC may be waived by the State Board of Education (SBE) upon submission of a waiver request submitted by an LEA. This request should be submitted to the CDE Waiver Office.
Assembly Bill 1858/Regulations
12. When an NPS is located on the same site as a licensed children’s institution (LCI), what should occur when a school district or SELPA has concerns about the relationship between the NPS and LCI? For example, an LCI requires an NPS placement before admission to LCI or a financial relationship exists between the LCI and the NPS (rental of facilities, etc.).
EC § 56366.9 prohibits an LCI from requiring as a condition of placement that residents attend an NPS “owned, operated by, or associated with” the LCI. For students living in an LCI, local education agencies should follow EC § 56157 by considering services in programs operated by public agencies prior to placing the student in an NPS. It is the school district that makes the educational placement decision, not the LCI.
Individualized Education Program
13. If the student has limited cognitive abilities, how does the school handle the student signing legal documents, such as the sexual harassment or IEP documents?
At age 18 a California student gains all adult rights and responsibilities, including the rights previously afforded the parent under IDEA. The IEP should be signed by the student, even if that is an “X” or other mark. The parent has the right to request the court to grant them supervision of their adult child by having the adult child declared mentally incompetent. If that is granted, then the parent may sign for the student.
The content of sexual harassment policies, transportation safety policies and the like should be provided using a method best understood by the student. The NPS should provide the review team with documentation regarding how this was accomplished.
14. For purposes of compliance, does a general education teacher need to sign a student’s IEP?
If the general education teacher attends the IEP team meeting, the teacher should sign the IEP signature page [EC 56341(b)(2)].
15. What if the school district does not want to increase services when the NPS or NPA thinks there should be additional designated instructional services (DIS)?
The district is responsible for the student’s special education, and the IEP team decides what services are necessary for the student to benefit educationally.. However, the NPS or the NPA can request an IEP team meeting to review placement and services.
16. What happens when the IEP requires services not provided by the NPS?
It is the district’s responsibility to provide the required services as noted on the IEP. The district may either provide or independently contract for those services. Per EC 56366.10(a) the NPS is not to accept a pupil if it cannot provide or ensure the provision of the services outlined in the student’s IEP.
17. If an LEA requires the NPS to use only the LEA IEP goal form (which has only annual measurable goals and not specific benchmarks/short term objectives), is the NPS still required to make quarterly progress reports?
The Individuals with Disabilities Education Act (IDEA) of 2004 deletes from its language the mandated requirement to include benchmarks and short-term objectives from an IEP. An IEP must include short-term objectives or benchmarks only for those students with disabilities who will be assessed using alternate achievement standards (students with significant cognitive disabilities). The NPS is required to document pupil progress consistent with EC § 56345. This section of law requires the issuance of reports of pupil progress in meeting annual goals through the use of quarterly or other periodic reports, concurrent with the issuance of report cards.
18. Do the foster family homes (FFH) and licensed children’s institutions (LCI) need a signed release to receive progress reports from the NPS the student is attending?
Education records of special education students can only be released to participating agencies with the approval of the pupil’s parent or guardian.
19. In regard to parent notification for school bus safety, do we need each parent to sign or will it suffice to have a written policy?
While there is no requirement for parental signatures, the NPS should have documentation that parents or guardians have been provided with written information on school bus safety for students in pre-kindergarten and kindergarten through grade six.
Assessment
20. How will NPS teachers be trained to administer statewide testing?
The school district in which the NPS is located will provide the training for the NPS staff that will administer statewide testing.
21. How will the NPS obtain Standardized Testing and Reporting (STAR) data and California High School Exit Examination (CAHSEE) status?
Information about the STAR program and the CAHSEE is available on the CDE Web site.
Teachers Qualifications
22. How does the NPS determine if its teachers are qualified for purposes of certification?
The teacher of record in each classroom must have a current California special education credential authorizing them to provide instruction to students with the disabling conditions specified on the teacher’s credential. An excellent resource is The Administrator’s Assignment Manual (Outside Source; PDF) published by the Commission on Teacher Credentialing (CTC) (Outside Source). This manual contains information regarding the type of credential that is necessary to provide instruction to students with various disabling conditions.
23. What happens if the teacher does not hold an education specialist credential? What do we do in regard to teachers who are in the process of becoming highly qualified? How long do they have until they absolutely have to receive it?
Classrooms cannot be certified unless the teacher holds a special education credential to serve students whose primary disabling condition is authorized on the credential.
24. If a person is in a credential program, can they be employed as a teacher?
Yes, if they hold an Education Specialist Internship Credential.
25. If the facility’s fully credentialed teacher is on staff, but on leave, would a teacher with a Preliminary Special Education credential suffice?
Yes.
26. Are there any waivers for non-credentialed teachers?
While there are waivers issued by the CTC (Outside Source), they do not satisfy personnel requirements for NPS certification.
27. Relative to notifying an LEA regarding personnel changes, does this only pertain to licensed or credentialed staff?
Both. Pursuant to California Code of Regulations, Title 5, § 3062(h), an NPS or NPA is required to notify each contracting LEA and the CDE of any changes in licensed or credentialed staff.
Curriculum/Textbooks/Graduation/Transition
28. Please specify what standards-based core curriculum means.
Standards refer to the content that students need to acquire at each grade level from kindergarten through grade twelve. California’s standards are rigorous. The CDE believes that the content is attainable by all students, given sufficient time, except for those few who have significant cognitive disabilities. Standards are firm but not unyielding; they will be modified in future years to reflect new research and scholarship. Standards describe what to teach, not how to teach it. EC § 51210 describes the adopted course of study for grades one through six. These include: English, Mathematics, Social Sciences, Science, Visual and Performing Arts, Health, and Physical Education. EC § 51220 describes the adopted course of study for grades seven through twelve. These include: English, Social Sciences, Foreign Language, Physical Education, Science, Mathematics, Visual and Performing Arts, Applied Arts, Career Technical Education, and Automobile Driver Education.
29. Why is “access” to curriculum being interpreted as “one for each student”?
EC § 60119(c) (1) requires each pupil, including English Learners, to have standards-aligned textbook or instructional materials, or both, to use in class and to take home to complete required homework assignments. The Williams Settlement also requires that each student have a copy of textbooks in each subject.
30. Our current curriculum aligns with several LEAs we contract with, but we are located in a district that uses another curriculum. Must we switch our instruction/curriculum or can we provide access and supplements with the local curriculum?
As required by EC § 56366.10(b)(1), each NPS that serves students in kindergarten and grades 1-8 must use instructional materials that have been adopted by the SBE that supports the standards-based core curriculum. An NPS that serves students in grades nine-twelve, may align its standards-based core curriculum and supporting instructional materials with any LEA that has entered into a master contract with the NPS.
31. Does “same standards based core curriculum” mean “same textbook”?
Curriculum refers to a series of studies required to be provided by LEAs (please see response to question 28). Instructional materials are used to implement the curriculum. Instructional materials (e.g., textbooks, other materials) include, but are not limited to manipulatives, technology-based materials, kits, other educational materials and tests.
32. The district has a large list of instructional materials and adapted materials to support the state standards. Does CDE expect each NPSs to have every instructional material the district has purchased?
Each NPS must acquire the aligned instructional materials that meet the requirements of EC § 56366.10(b)(1). It is common for both the SBE and school districts to adopt a number of instructional materials by subject and grade level. This provides options for schools to select instructional materials to best serve students. Each NPS is only required to obtain one aligned grade level program (set of instructional materials) per subject.
33. How do we meet the textbook requirements and still provide the student with functional level books for both diploma and non-diploma bound students?
The NPS must first decide the type of program that it will provide. There are two general categories—general education for the majority of students or functional skills for students with significant cognitive disabilities. Once the NPS has made its decision, it is obligated to obtain the same instructional materials consistent with EC § 56366.10(b)(1). For students with significant cognitive disabilities, the NPS should acquire the same instructional materials used by the public school district for like students. For these students, this often means a functional skills curriculum. As a final comment, the NPS should employ the accommodations and modifications as described in the student’s IEP.
34. Can we have photocopies of required textbooks or must we have actual textbooks?
Copies of textbooks do not meet the requirements of EC § 60119(c) (2) or the Williams Settlement. Each student must have his/her own copy of adopted textbooks for each subject.
35. How does a student meet graduation requirements of the contracting district if their graduation requirements are different from the district in which the NPS is located?
The NPS must provide the course of study necessary to enable the student to meet the graduation requirements of the contracting district. The local school district has no bearing on a student’s graduation requirements, unless the student is from the same district in which the NPS is located.
Complaints
36. When a district or SELPA has concerns and may want to submit a complaint, what action should be taken? Examples include: (a) failure to comply with provisions of the Master Contract; (b) disagreement on whether the NPS or agency has staff qualified to provide services to particular types of disabling conditions; and (c) disagreement with a decision by the CDE to approve an application for certification.
The LEA should contact the consultant or analyst assigned to their geographical area (PDF; 490KB; 1p.) to receive guidance relative to the dispute. Often, these matters are contractual in nature. However, if there are certification issues, a complaint can be filed with the CDE. The CDE will conduct an investigation and issue a report with findings. EC § 56366.6 allows the NPS or the NPA to file a written petition to request a review of a decision by the CDE to deny, suspend or revoke a certification. The CDE contracts with the California Office of Administrative Hearings to consider and make determinations on certification appeals from an NPS or an NPA.
Miscellaneous
37. How much supervision is required of personnel providing behavior intervention implementation (BII) per week?
For a student whose behavior impedes learning, the IEP should address strategies and positive behavioral interventions and supports. Thus, each student’s IEP would denote the amount of supervision required of a Behavioral Intervention Assistant, if this was included as a behavioral support service.
38. When a three-year psycho-educational assessment of a student to determine special education eligibility is not included in the student’s file due to a psychologist not completing testing in a timely manner, how does this affect the responsibility of an NPS to be in compliance?
Mandated assessments to determine special education eligibility are the responsibility of the LEA, not the NPS. As such, this is not an NPS certification requirement.
39. Much of the Student Accountability Report Card (SARC) is not applicable and does not make sense for the NPS. How do we complete this requirement?
The NPS SARC should include at least contact information, a school description and mission statement, a narrative about opportunities for parental involvement, a description of the school facility conditions and safety plans, information about staff qualifications, and a description of the educational materials that are used at the school. For more information please e-mail the SARC Team or call 916-319-0875.
40. If staff is listed on the access list of student records, do they still need to sign out for the files?
While it would be best practice to do so, staff on the access list are not required to sign out for student files. The NPS should have available a sign-in sheet for those individuals who are not listed on the access list.
41. With respect to private and confidential communication with any member of the individualized education program team, is there an age limit? What age of child does this item pertain to? Does it include infants and toddlers?
There is no age limit; however, reason must prevail with infants and toddlers.
42. For how long is a chest x-ray valid?
Certificates showing that a person is free of communicable tuberculosis are valid for four years.
43. Does the Williams Settlement apply to NPSs?
Two major provisions of the Williams Settlement apply to each NPS. First, each student must have their own reasonably current textbooks or educational materials, in useable condition, in each core subject to use in class without sharing with another student and to use at home each evening for homework. Second, the Williams Settlement requires that each student have a qualified teacher for each class. The Williams Settlement applies to all public schools in California. By virtue of EC §s 56366.1(n)(1) and 56366.10(b)(1), the Williams Settlement also applies to each NPS.
