I understand that there may be confusion regarding the application of absence policies with regard to reimbursements for nonpublic school and agencies services by local contracting agencies. The purpose of this memorandum is to provide guidance regarding the flexibility local education agencies have in compensating nonpublic schools and agencies (LEAs) for services provided to special education students.

Recent legislation changed how apportionments are calculated for LEAs by providing that excused absences are no longer included in the LEAs average daily attendance (ADA). This legislation directly affected LEA funding. It has come to my attention that some LEAs have informed nonpublic schools and agencies that they cannot pay for absences because of a change in state law. This is not accurate. The state law only affects LEA apportionments.

Matters regarding payment for absences at nonpublic schools and agencies should be an item for negotiation in the master contract. The Special Education Division issued Policy Memorandum 94-03 on January 7, 1994 that provided guidance in regard to the minimum elements that should be included in master contracts between LEAs and nonpublic schools and agencies. Paragraph 27 of Policy Memorandum provides an opportunity for LEAs and nonpublic schools and agencies to negotiate compensation for absences. While the LEA may wish to not reimburse nonpublic schools and agencies for absences, such a decision is voluntary and not subject to any legal requirement.

If you have any questions please call the Office of Nonpublic Schools and Agencies at (916) 327-0141.

Updated 03/26/04 - Please direct questions to Gerald Elmore at gelmore@cde.ca.gov or 916-327-4216.