New nonpublic, nonsectarian school application certification should not be construed as an evaluation, accreditation, approval, recognition, or endorsement of any nonpublic agency, school, or course.
The following directions provide assistance and clarification in the development of the application for certification as a nonpublic, nonsectarian school. The information is based on the Education Code (EC), Code of Federal Regulations, California Code of Regulations (CCR) as well as policies and procedures approved by the State Board of Education.
Limitations on Certification
The following entities are not eligible to be certified as a nonpublic, nonsectarian agency:
- An organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital.
General Information
- The nonpublic, nonsectarian agency shall meet those standards as prescribed in federal and state statutes and regulations pertaining to special education. A nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and the board.
- It is the intent of the Legislature that the role of the nonpublic, nonsectarian agency shall be maintained and continued to serve as an alternative special education service available to districts, special education local plan areas (SELPAs), county offices of education, and parents.
- A nonpublic, nonsectarian agency shall not claim and is not entitled to receive reimbursement for attendance unless (1) it is under contract with a public education agency (i.e., school district, SELPA, or county office of education) pursuant to the provision of EC Section (§) 56366(c); and (2) the agency providing designated instruction and services has been certified by the California Department of Education (CDE).
- Students supported by federal and state education funds shall have been previously identified as eligible to receive a specially designed education and services by the public education agency where the pupil resides (a school district or county office of education) and where he or she has a current individualized education program (IEP). The IEP is a plan developed between the local public school district and the parents, along with a participant from the nonpublic, nonsectarian agency, to decide the kinds of services each student needs.
- A nonpublic, nonsectarian agency that is located outside this state is eligible for certification pursuant to EC § 56366.1 only if a pupil is enrolled in a program operated by that agency pursuant to the recommendation of an IEP team in California and that pupil’s parents or guardians reside in California.
Special Education
- “Special education” means (a) specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs whose educational needs cannot be met with modification of the regular instructional program, and (b) related services, at no cost to the parent, that may be needed to assist those individuals to benefit from specially designated instruction.
- Special education is an integral part of the total public education system and provides education in a manner that promotes maximum interaction between children or youths with disabilities and children or youths without disabilities in a manner that is appropriate to the needs of both.
- Special education provides a full continuum of program options to meet the educational and service needs of individuals with exceptional needs in the least restrictive environment.
Designated Instruction and Services
“Designated instruction and services (DIS),” as specified in the IEP, shall be available when the instruction and services are necessary for the pupil to benefit educationally from his or her instructional program. DIS shall be provided only by qualified personnel pursuant to the EC and Title 5 of the CCR.
Nonsectarian
“Nonsectarian” means a nonpublic school or agency that is not owned, operated, controlled by, or formally affiliated with a religious group or sect, whatever might be the actual character of the education program or the primary purpose of the facility.
Master Contract
Pursuant to EC § 56366 the contracting local educational agency (LEA) and the nonpublic, nonsectarian agency shall enter into a written agreement (master contract) to specify the general administrative and financial agreements in providing DIS to special education students in accordance with their IEP.
Individual Services Agreement
EC § 56366 requires the contracting LEA and the nonpublic, nonsectarian agency to have, in place, an individual services agreement for each student receiving special education and related services. The individual services agreement is similar to a prescription in that it specifies that type or duration of services, as specified by the student’s IEP, to be provided by the nonpublic, nonsectarian agency.
Certification Standards
No master contract for special education and related services provided by a nonpublic, nonsectarian school or agency shall be authorized under this part unless a 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.
Certification Fees
An agency shall be charged a reasonable fee for certification. CDE 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. The fee shall be based on the following rates:
| Program Capacity (The maximum number of students to be served by your program.) |
Fee |
|---|---|
1 – 5 pupils |
$300.00 |
6 – 10 pupils |
$500.00 |
11 – 24 pupils |
$1,000.00 |
25 – 75 pupils |
$1,500.00 |
Over 75 pupils |
$2,000.00 |
A nonpublic, nonsectarian agency shall pay certification fees when it applies for certification and when it submits the annual renewal application to CDE (August 1 through October 31). No fee shall be refunded if the application is withdrawn or is denied by CDE.
Certification fees are required with the application in the form of a personal or business check, money order, or cashier's check made payable to the CALIFORNIA DEPARTMENT OF EDUCATION.
Note: The name of the school must be on the check or money order.
Staff Qualifications and Requirements
“Qualified” means that a person has met requirements for federal and state certification, licensing, registration, or other comparable requirements that apply to the area in which he or she is providing special education or related services or, in the absence of such requirements, the state-education-agency-approved or recognized requirements, and that he or she adheres to the standards of professional practice established in federal and state law or regulation, including the standards contained in the California Business and Professions Code.
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 and agencies located outside California that employ staff members 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.
Staff Fingerprint Clearance Requirements
Pursuant to EC § 44237, all persons hired after September 30, 1997, who have contact with pupils, must have a completed Department of Justice (DOJ) criminal history clearance before they can be employed by the nonpublic, nonsectarian agency. For the most current information on fees and fingerprint submissions, please see the DOJ Web site at http://ag.ca.gov/fingerprints/ (Outside source) or call 916-322-2209.
Tuberculosis (TB) Requirements
Agency staff must show proof of the absence of tuberculosis. TB examination clearance forms are to be retained at the agency’s administrative or service site. TB clearances do not need to be included in the certification application, unless specifically requested. TB clearances are valid for four (4) years. Skin tests must be the Mantoux 5TU Co.1 cc P.P.D. injected intradermally; other skin tests are not acceptable. Only those with documented, positive skin tests may submit certificates to prove absence of active tuberculosis (this may or may not include a chest x-ray).
Certification at All Sites
If a nonpublic, nonsectarian agency operates a program at more than one site, each site shall be certified.
365-Day Rule
No contract for related services provided by a nonpublic, nonsectarian agency shall be reimbursed by the State of California if the contract covers related services, administration, or supervision by an individual who is or was an employee of the contracting LEA within the last 365 days, unless the contract contains an addendum establishing that the individual was involuntarily terminated or laid off as part of necessary reductions from the contracting LEA.
Application for Certification
A nonpublic, nonsectarian agency that seeks certification shall file an application with CDE on current forms provided by CDE and include the following information on the application:
- A description of the DIS provided to individuals with exceptional needs.
- A list of appropriately qualified staff; a description of the credential, license, or registration that qualifies each staff member to render designated instruction and services; 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.
- An annual operating budget for the nonpublic, nonsectarian agency.
- Affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations, including criminal record summaries, are required of all nonpublic, nonsectarian agency personnel having contact with minor children.
Note: Applicants are required to provide the SELPA in which the applicant is located with written notification of the applicant’s intent to seek or renew certification. A form is included in the application package for this purpose. Applications will not be accepted by CDE without a signed verification that the SELPA has had an opportunity to provide comments on all required components of the application.
Application Review Process
CDE will make a determination on an application within 120 days of receipt of the application and will certify, conditionally certify, or deny certification to the applicant. If CDE 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, CDE shall provide reasons for the denial.
The superintendent shall annually review the certification of each nonpublic, nonsectarian agency. For this purpose, a certified agency shall annually update its application between August 1 and October 31.
Causes for Suspension or Revocation of Certification
CDE may suspend or revoke the certification of a nonpublic, nonsectarian agency for any of the following reasons:
- Violation of any applicable state or federal rule or regulation, or aiding, abetting, or permitting the violation of any applicable state or federal rule or regulation.
- Falsification or intentional misrepresentation of any element of the application, pupil records, or program presented for certification purposes.
- Conduct in the operation or maintenance of the nonpublic, nonsectarian agency that is harmful to the health, welfare, or safety of an individual with exceptional needs.
- Failure to comply with any provision in the contract with the local education entity.
- Failure to notify CDE in writing of any of the following within 45 days of the occurrence: (a) changes in credentialed, licensed, or registered staff who render related services, ownership, management, or control of the nonpublic, nonsectarian agency; (b) major modification or relocation of facilities; and (c) significant modification of the nonpublic, nonsectarian agency program.
- Failure to implement recommendations and compliance requirements following an onsite review of the agency.
- Failure to provide appropriate services, supplies, equipment, or facilities for a pupil as required in his or her IEP.
- Failure to notify CDE within 10 days of the revocation or suspension of any license or permit including, but not limited to, any residential care license, business license, or other required license or permit.
- Failure to implement a pupil’s IEP.
- Failure to notify CDE in writing within 10 days of the death of a pupil or any other individual of unnatural causes within the agency, including the circumstances surrounding the death and any appropriate preventative measures being taken or recommended.
CDE is required to notify contracting LEAs and the SELPA in which the nonpublic, nonsectarian agency is located of the determination to suspend or revoke state certification.
Request for Review
- Within 20 working days after the nonpublic, nonsectarian agency's receipt of the notice of denial, revocation, or suspension of certification, the nonpublic, nonsectarian agency may file a written petition to request a review of the decision by CDE. The petition may include written arguments or a request to present an oral argument.
- Within 30 working days after the receipt of the written petition, CDE or a designee shall review a written, reasoned decision that shall be the final administrative decision. CDE shall be impartial and unbiased and shall not have participated in the decision to deny, revoke, or suspend the nonpublic, nonsectarian agency certification.
- Any public education agency that contracts with a certified nonpublic, nonsectarian agency may request CDE to review the status of the nonpublic agency. The request shall be in writing and a copy sent to the nonpublic agency.
Guidelines for Site Relocation
Notification must be provided in writing to CDE within 45 days of a program move. A new fire clearance, health clearance, building safety inspection, zoning clearance, business license, and a disaster and mass casualty plan of action must be submitted. Contact the Administrative Services Unit at 916-327-0141 to request the necessary forms.
Instructional Considerations
Nonpublic, nonsectarian agencies should not accept a pupil with exceptional needs if it cannot provide or ensure the provision of services as outlined in the pupil’s IEP. Related services must be in alignment with the student’s IEP. As required by law, students shall receive a free appropriate public education (FAPE) in the least restrictive environment (LRE).
Child Abuse Reporting
The California Penal Code requires that private school personnel report any observed or suspected instances of child abuse by telephone within 24 hours and in writing to the appropriate public authorities within 36 hours.
All personnel employed after January 1, 1985, are required to sign a statement acknowledging the reporting requirements in the case of observed or suspected cases of child abuse. This statement must be maintained in the employee’s personnel file.
Mailing Instructions
Send the completed application forms, supplemental information, and application fee to the address below.
Administrative Services Unit – NPS/A
Special Education Division
California Department of Education
1430 N Street, Suite 2401
Sacramento, CA 95814
Required application forms must be accompanied by the certification fee in the form of a personal or business check, money order, or cashier’s check (made payable to the California Department of Education). Retain a copy of your application for your files.
Note: To assist the Administrative Services Unit in processing and logging your application, date each page. Please do not submit your application in a binder or in page cover sheets. The application may be stapled with the check clipped to the application. The nonpublic, nonsectarian agency should maintain copies of the application forms and the general information for future reference.
