Nonpublic Schools and Agencies FAQ

Questions relating to

• Placement/Contract
• NPS/A Certification Process
• Reviews
• Assembly Bill 1858/Regulations
• Individualized Education Program (IEP)
• Assessment
• Highly Qualified Teachers (HQT)
• Curriculum/Textbooks/Graduation/Transition
• Educational Benefit
• Complaints
• Miscellaneous

Placement/Contract

1. What can we do if a student is inappropriately placed at our nonpublic school 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 nonpublic school 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 requirements?

At a minimum, nonpublic schools must meet the minimum school day requirements found in the Education Code 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 Education Code.

NPS/A Certification Process

3. Where does a nonpublic school or agency send the Notification of Intent form?

The Notification of Intent form should be sent to the Special Education Local Plan Area (SELPA) where the nonpublic school or agency is located.

4. There is a need for a SELPA with a contract with a nonpublic school or agency to know the SELPA that is primarily responsible to receive and process the Notification of Intent form. Do you have suggestions on how this might happen?

Any contracting LEA that has such an interest should contact the SELPA whose region includes the physical location of the nonpublic school or agency.

5. Who is responsible for signing the Notification of Intent form for an out-of-state nonpublic school?

Any SELPA who has a member LEA that is contracting with that particular out-of-state nonpublic school may receive and complete the Notification of Intent form. The out-of-state nonpublic school would make a determination which SELPA would receive the application and form.

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?

Education Code Section 56366.1 establishes the calendar year for nonpublic school and agency certification. Any change would require a legislative amendment to the Education Code.

7. What happens if the SELPA fails to process the Notice of Intent form in a timely manner pursuant to Education Code Section 56366.1 (b)(1)? Should this be stipulated on the form?

If the SELPA fails to process the Notice of Intent form in a timely manner, the nonpublic school or agency may submit the application directly to the California Department of Education (CDE). It is important that nonpublic schools and agencies use a return receipt when submitting the original application to the SELPA to show proof of receipt if the applicant is submitted directly to the CDE. When the CDE reviews the application forms for possible revision, the Notice of Intent form will be analyzed for possible modifications.

Reviews

8. What will be the site review process for nonpublic schools with multiple sites?

Each site will be scheduled for a separate review.

9. When will the onsite reviews start?

Onsite reviews generally are scheduled during the normal school year (September – June).

10. What are the consequences if a nonpublic school does not meet renewal certification standards?

The nonpublic school may receive a conditional certification or have the certification suspended.

11. Are there any consequences for the LEA when the nonpublic school does not meet certification standards?

When a nonpublic school has a suspended certification, contracting LEAs may not make placements at that school.

12. According to proposed regulations (Assembly Bill 1858) and review rubrics, nonpublic school students must have access to, “Standards-based, core curriculum and the same instructional materials used by the LEA in which the nonpublic school is located. Is there a process to deal with exceptional situations?

The CDE does not have authority to waive the statutory requirements for nonpublic school certification. However, certain provisions of the Education Code may be waived by the State Board of Education upon submission of a waiver request submitted by a local education agency. This request should be submitted to the CDE Waiver Office.

13. Why are item numbers 45-62 included in the Self Review rubric when they deal with LEA issues?

The review of nonpublic schools is part of the Special Education Division’s (SED) Quality Assurance Process. The SED has “general supervision” responsibility for students receiving special education services in California. The self-review document mirrors that of the on-site review document. A portion of these documents focus on the responsibilities of local education agencies to ensure that special education students have current assessments and are receiving a free appropriate public education (FAPE) in the least restrictive environment (LRE). Beginning in the 2007-08 school year, all items that are solely the responsibility of local education agencies will be removed from the onsite review instrument.
14. Why is there no requirement for individual file reviews or Educational Benefit reviews in the Self Review process?

Individual file reviews should occur during the self-review process. To respond to are item numbers 45─62 on the Self-Review document file reviews will need to occur. Educational Benefit is a training opportunity provided by CDE employees during the course of an on-site review. At this time, Educational Benefit is not a compliance item.

Assembly Bill 1858/Regulations

15. When will the final regulations be completed?

The SED expects to promulgate the regulations sometime in 2008.

16. What is the status of the input from AB 1858 workgroup on draft regulations?

The suggestions were received, reviewed, and the regulations now reflect some of their input.

17. What is the status of the suggestion by the AB 1858 workgroup (summer 2005) that the second sentence of the definition of “access” be changed to “Each student will have available textbooks and/or instructional materials, as necessary, use to implement the standards-based curriculum in each subject area?”

The suggestion was considered and the sentence has been revised to read, “Each student will have a copy of textbooks and other instructional materials to use to implement the standards-based core curriculum in each subject area.”

18. When a nonpublic school 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 nonpublic school and LCI? For example an LCI requires a nonpublic school placement before admission to LCI or a financial relationship exists between the LCI and the nonpublic school (rental of facilities, etc.).

Education Code Section 56366.9 prohibits an LCI from requiring as a condition of placement that residents attend a nonpublic school “owned, operated by, or associated with” the LCI. For students living in an LCI, local education agencies should follow Education Code Section 56157 by considering services in programs operated by public agencies prior to placing the student in a nonpublic school. It is the school district that makes the educational placement decision, not the LCI.

Individualized Education Program

19. 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?

When a student reaches 18 and does not understand the signing of legal documents, the LEA should provide both the student and the parents with a notice of procedural safeguards. Then, the parent, legal guardian, or surrogate may sign the documents on behalf of the student.

20. 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.

21. What if the school district does not want to increase services when the nonpublic school or a nonpublic agency thinks there should be additional designated instructional services (DIS), counseling, group counseling, or intensive education?

The District is responsible for the student’s special education services. However, the nonpublic school can request an IEP team meeting to review placement and services.

22. What happens when the IEP requires services not provided by the nonpublic school?

It is the district’s responsibility to provide the required services as noted on the IEP. The District may contract for those services or the nonpublic school could contract for those services and charge the District.

23. Our LEA has specifically instructed us to use their IEP goal form that only has a measurable annual goal, without specific benchmarks/short term objectives, as allowed by IDEA. The form does not allow for quarterly progress to measure in terms of if the student is making sufficient progress to meet the annual goal.

The nonpublic school should continue to document the child’s progress according to the NPS established reporting policy. The form does not relieve responsibility for measuring a child’s progress toward annual goals. Education Code Section 56345 requires “periodic reports on the progress the pupil is making toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards.”

24. With the passage of AB 1662 to align California special education law with the 2004 reauthorization of the Individuals with Disability Act (IDEA), will requirements be revised to reflect progress on goals? What will change with standards and benchmarks?

The LEA is responsible for drafting all of the required components within the content of an IEP. The current checklist refers to annual goals, and benchmarks or short-term objectives to meet those goals because they are integral components of the content of an IEP reasonably calculated to provide educational benefit. 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). Although IDEA 2004 deletes from its language the mandated requirement to include benchmarks and short-term objectives, annual goals must still be a part of the educational benefit review. Until further clarification through the federal regulations is offered to provide guidance on measuring progress toward annual goals, the checklist will likely remain unchanged.

25. 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.

26. 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 nonpublic school 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

27. How will nonpublic school teachers be trained to administer statewide testing?

The school district in which the nonpublic school is located will provide the training for the nonpublic school staff that will administer statewide testing.
28. How will the nonpublic school obtain Standardized Testing and Reporting (STAR) data and California High School Exit Examination (CAHSEE) status?

Information about the STAR program and the CAHSEE can be obtained at the following Web sites, respectively, http://star.cde.ca.gov and http://cahsee.cde.ca.gov.

29. Explain Academic Performance Index (API) in regard to NPSs.

The API measures the performance of schools, especially the academic performance of students, and to demonstrate comparable improvement in academic achievement by all numerically significant ethnic and socioeconomical disadvantaged subgroups within the school. Assembly Bill 1858 requires the CDE to add nonpublic schools to the California Public School Accountability Act by allowing these schools to choose to receive an APIU score so long as it is for at least three years. AB 1858 requires nonpublic schools to be subject to the Alternative School Accountability System. The CDE is currently developing plans to implement the nonpublic school accountability provisions of AB 1858. For more information in regard to API please refer to http://cde.ca.gov/ta/ac/ap/index.asp.

Highly Qualified Teachers (HQT)

30. How does the nonpublic school determine if their teachers met the HQT requirement?

Each classroom must have a fully-credentialed teacher. There are two resources that may be of immediate assistance. CDE has a Web site that includes valuable information regarding the No Child Left Behind (NCLB) Act and teacher requirements. This information can be accessed at http://www.cde.ca.gov/nclb/sr/tq/. Another excellent resource is The Administrator’s Assignment Manual published by the Commission on Teacher Credentialing (CTC). This manual contains information about the various types of credentials and their authorizations. This information is especially helpful regarding the type of credential that is necessary to provide instruction to students with various disabling conditions. You can view this document at http://www.ctc.ca.gov.

31. What happens if the teacher does not hold an education specialist credential? What do we do in regards to teachers who are in the process of becoming highly qualified? How long do they have until they absolutely have to receive it?

If a teacher holds a valid teaching document issued by the Commission on Teacher Credentialing, but does not meet the highly qualified provisions of NCLB and the Individuals with Disabilities Education Act (IDEA), then the nonpublic school must develop an annual measurable objectives (AMO) plan to achieve compliance by a specific date. The AMO is an action plan, or AMO, that indicates the steps the nonpublic school will initiate in recruiting, hiring, training, and retaining highly qualified personnel. For more information about the AMO, please contact the special education consultant serving your area.

32. If a person is in a credential program, can they be employed as a teacher?

Yes, if they hold an Education Specialist Internship Credential.

33. Can the High Objective Uniform State Standard of Evaluation (HOUSSE) be used to determine highly qualified?

The HOUSSE option is available only for current teachers who do not meet the same qualification criteria as new teacher are not content-certified. The HOUSSE enables teachers to meet the highly qualified standard without necessarily have to undertake additional training or testing. The State Board of Education (SBE) adopted a new regulation that became effective on November 15, 2005. This regulation allows "new" to the profession middle and high school special education teachers who are highly qualified in mathematics, language arts, or science to utilize the existing HOUSSE procedure to demonstrate subject matter competence for other core subjects they are assigned.

34. If the facility’s fully credentialed teacher is on staff, but on leave, would a teacher with a Preliminary Special Education credential suffice?

Yes.

35. Are there any waivers for non-credentialed teachers?

No. While there are waivers, they would not satisfy the requirements for staff to be designated as “highly qualified.”
36. Will emergency credentials meet compliance standards through June 2006?

No. Individuals with emergency credentials are not considered to be highly qualified teachers.

37. Relative to notifying local education agencies regarding personnel changes, does this only pertain to licensed or credential staff?

Yes. Pursuant to California Code of Regulations, Title 5, Section 3062(h), nonpublic schools and agencies are required to notify contracting local education agencies and the California Department of Education of any changes in licensed or credential staff.

Curriculum/Textbooks/Graduation/Transition

38. 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 severe disabilities. Standards as 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. Education Code Section 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. Education Code Section 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.
39. Why is “access” to curriculum being interpreted as “one for each student”?

Education Code Section 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.

40. Our current curriculum aligns with several local education agencies 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 Education Code Section 56366.10(b)(1), nonpublic schools must use the same to the standards-based, core curriculum and the same instructional materials as used by the LEA in which the nonpublic school is located.

41. Does “same standards based core curriculum” mean “same textbook”?

Curriculum refers to a series of studies required to be provided by local education agencies (please see response to question 38). Instructional materials are used to implement the curriculum. Instructional materials include textbooks, but it can also include other materials, including, but not limited to manipulatives, technology-based materials, kits, other educational materials and tests.

42. The district has a large list of instructional materials and adapted materials to support the state standards. Does CDE expect nonpublic schools to have every instructional material the district has purchased?

You are to purchase those off the District list that are appropriate for your students. It does not mean that the nonpublic schools must have every resource the district has purchased.

43. How do we meet the textbook requirements and still provide the student with functional level books for both diploma and non-diploma bound students?

Nonpublic schools must first decide the type of program that they will provide. There are two general categories—general education for the majority of students or functional skills for students with severe cognitive disabilities. Once the nonpublic school has made its decision, then they are obligated to obtain the same instructional materials used by the school district in which they are located for like students. This means for students without significant cognitive disabilities, the nonpublic school should obtain and implement instructional materials to implement the curriculum used by general education students. For students with significant cognitive disabilities, the nonpublic school 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 nonpublic school should employ the accommodations and modifications as described in the student’s IEP.

44. Can we have photocopies of required textbooks or must we have actual textbooks?

Copies of textbooks do not meet the requirements of Education Code Section 60119(c) (2) or the Williams Settlement. Each student must have their own copy of adopted textbooks for each subject.

45. What does API stand for?

API means Academic Performance Index. The API is to measure the performance of schools, especially the academic performance of students, and to demonstrate comparable improvement in academic achievement by all numerically significant ethic and socioeconomically disadvantaged subgroups within schools. It consists of a variety of indicators currently reported to the CDE including, but not limited to, the results of the achievement test administered pursuant to Education Code Section 60640, attendance rates for students and certificated school personnel, and graduation rates for students in secondary schools. For more information, please refer to http://www.cde.ca.gov/ta/ac/ap/index.asp.

46. What meets the NPS requirement to provide extra-curricular activities?

As defined by Education Code Section 56366.10(b)(3), students attending nonpublic schools, must have the opportunity to participate in extra-curricular activities such as, but not limited to, art, sports, music, and academic clubs.

47. 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 nonpublic school 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 nonpublic school is located.

Educational Benefit

48. Define and tell us what outcomes are expected for “educational benefit”.

The United States Supreme Court established in the Rowley decision the standard for educational benefit. It is determined by whether an actual IEP is reasonably calculated to provide educational benefit. The review team will evaluate three consecutive years of an individual student IEP to track progress toward goals and objectives and whether those goals and objectives indicate a direct relationship toward disability related needs. In determining outcomes from an educational benefit review the team will find that the student is regressing, making no progress, some progress in certain areas, or making progress in all areas.

Complaints

49. 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 nonpublic school or agency has staff qualified to provide services to particular types of handicapping 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 to receive guidance relative to the dispute. Often, many of these matters are contractual in nature. However, if there are certification issues, a compliant can be filed by the CDE, SED. The SED will conduct and investigation and issue a report with findings. Education Code Section 56366.6 allows nonpublic schools or agency to file a written petition to request a review of a decision by the CDE to denial, suspend or revoke a certification. The CDE contracts with the California Office of Administrative Hearings to consider and make determinations on certification appeals from nonpublic schools and agencies.

Miscellaneous

50. How much supervision is required of a Behavioral Intervention Assistant per week/month?

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.

51. When three year IEP’s are out of compliance due to a psychologist not completing testing in a timely manner, how does this affect the nonpublic school’s responsibility to be in compliance?

Mandated assessments to determine special education eligibility is the responsibility of the LEA, not the nonpublic school. As such, this is not a nonpublic school certification requirement.

52. 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?

For most nonpublic schools, the report card 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.

There is a SARC nonpublic school template at http//www.cde.ca.gov/ta/ac/sa/templates.asp. Select the SARC template in Word (blank). For more information please contact Joe Radding at jradding@cde.ca.gov.

53. If staff is listed on the access list of student records, do they still need to sign out for the files?

No, they are already approved to access the student files and records. The nonpublic school should have available a sign in sheet for those individuals who are not listed on the access list.

54. This is regard 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 infant and toddlers.

55. For how long is a chest x-ray valid?

Certificates showing that a person is free of communicable tuberculosis are valid for four years.

56. Does the Williams Settlement apply to nonpublic schools?

Two major provisions of the Williams Settlement apply to nonpublic schools. First, it was found that there was a lack of instructional materials such that student do not have their own reasonably current textbook or educational materials, in useable condition, in each core subject to use in class without sharing with another student; or to use at home each evening for homework. Second, Williams found that thee were a lack of qualified teachers such that students attend a class or classes for which no permanent teacher is assigned or students attend a school in which more than 20 percent of teachers do not have full, non-emergency teaching credentials or students who are English Language Learners (ELL) are assigned teachers who has not been specially qualified by the State to teach ELL students. The Williams Settlement applies to all public schools in California. By virtue of Education Code sections 56366.1 (n)(1) and 56366.10 (b)(1), the Williams Settlement also applies to nonpublic schools.