The 2008 Renewal Application for nonpublic, nonsectarian agency certification should not be construed as an evaluation, accreditation, approval, recognition, or endorsement of any nonpublic agency, school, or course.
This document is provided for assistance and clarification in the development of the application for renewed certification as a nonpublic, nonsectarian agency (NPA). The information is based on the United States Code (USC), Education Code (EC), Code of Federal Regulations (CFR), California Code of Regulations (CCR), Health and Safety (H&S) Code as well as policies and procedures approved by the State Board of Education. Each section of this document provides a reference to the legal citations that indicate the reasons for each requirement.
- The NPA shall meet those standards as prescribed in federal and state statutes and regulations pertaining to special education. A NPA shall also meet standards as prescribed by the State Superintendent of Public Instruction and the California State Board of Education.
- It is the intent of the Legislature that the role of the NPA 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.
- 3. A NPA 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 site location where the student is receiving special education or designated instruction and services has been certified by the California Department of Education (CDE).
- 4. Students supported by federal and state education funds shall have been previously identified as eligible to receive a specially designed education and related services by the public education agency where the pupil resides (a school district or county office of education) and where he/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 NPA to decide the kinds of related services each student needs.
- 5. A NPA that is located outside this state is eligible for certification pursuant to
EC § 56366.1 only if a pupil is currently 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.
Certification Standards (EC § 56366 [d])
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. The certification shall result in the school receiving approval to educate special education students enrolled in California's public school system.
Certification Fees (EC § 56366.1 [m])
The fee shall be based on the following rates:
| Program Capacity * | 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 |
*Program capacity is the maximum number of students to be served by your program.
- No application shall be accepted without a check.
- No fee shall be refunded if the application is withdrawn or is denied by the CDE.
Master Contract (EC § 56366)
There shall be signed, current master contracts between the contracting local educational agency (LEA) and the NPA. The LEA and the NPA shall enter into a written agreement (master contract) to specify the general administrative and financial agreements in providing education and related services (including transportation) to special education students in accordance with their IEP.
Individual Services Agreement (EC 56366[a][2A])
There shall be a signed ISA for each student served by the NPA. The contracting LEA and the NPA shall have in place, an ISA for each student receiving special education and related services. The ISA is similar to a prescription in that it specifies the type or duration of services, as specified by the student’s IEP, to be provided by the NPA.
Staff Qualifications and Requirements (20 USC 7807 [23]), (EC 56366.1 [n][1]); (5 CCR 3064-5)
"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 that provide special education and designated instruction and services utilizing staff members who hold a certificate, permit, or other document equivalent to that which staff members in a public school are required to hold in the service rendered are eligible to receive certification. For clarification, please refer to the California Commission on Teacher Credentialing (CTC) Web site at http://www.ctc.ca.gov/credentials/manuals-handbooks/AdminAssign_2001.pdf (Outside source) or contact the California Department of Consumer Affairs for other licensure information.
Only those nonpublic, nonsectarian 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 (EC 44237)
All persons hired on or after September 30, 1997, who have contact with pupils, must have completed a Department of Justice (DOJ) criminal history clearance before they can be employed by the nonpublic, nonsectarian school. 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 (H&S 12125-12155)
School staff must show proof of the absence of tuberculosis. TB examination clearance forms are to be retained at the school site. TB clearances do not need to be included in the certification application unless they are 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 persons 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 (EC 56366.1[c])
If a nonpublic, nonsectarian agency operates a program at more than one site, each site shall be certified.
365-Day Rule (EC 56366.3 [a])
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.Causes for Suspension or Revocation of Certification (EC 56366.4)
The CDE may suspend or revoke the certification of a nonpublic, nonsectarian school 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 school or 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 the CDE 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; 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 the 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.
- (a) Failure to notify the 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.
(b) The CDE is required to notify contracting local educational agencies and the special education local plan area in which the nonpublic, nonsectarian agency is located of the determination to suspend or revoke state certification.
Request and Review of Notice of Denial, Revocation, or Suspension of Certification (EC 56366.6)
- Within 20 working days after the nonpublic, nonsectarian agency receives 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 the 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, the CDE or a designee shall review a written, reasoned decision that shall be the final administrative decision. The 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 the 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 (EC 56366.4 [5])
Notification must be provided in writing to the 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 Nonpublic Schools and Agencies Unit at 916-327-0141 to request the necessary forms.
Mailing Instructions
To assist the Special Education Division in processing and logging the application,
- Date each page
- Do not submit application in a binder or in sheet protectors
- The application may be stapled. The check or money order shall be clipped to the application.
- Retain a copy of your application for school's files.
Send the completed renewal application forms, including a completed “Notification of Intent to Renew Nonpublic, Nonsectarian School/Agency Certification”, supplemental information, and application fee to the following address:
Administrative Services Unit – NPS/A
Special Education Division
California Department of Education
1430 N Street, Suite 2401
Sacramento, CA 95814
The Renewal Application must be postmarked no later than Wednesday, October 31, 2007.
