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, 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 school:
- 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.
- A public hospital, state licensed children's hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either within or outside of California.
General Information
- The nonpublic, nonsectarian school shall meet those standards as prescribed in federal and state statutes and regulations pertaining to special education. A nonpublic, nonsectarian school 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 school 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 school 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 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).
- 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/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 school, to decide the kinds of services each student needs.
- A nonpublic, nonsectarian school 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 school 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 Education Code and Title 5 of the California Code of Regulations.
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 school 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. This written agreement also shall include procedures for record keeping and documentation and the maintenance of school records by the contracting LEA to ensure that the student receives appropriate high school graduation credits.
Individual Services Agreement
EC 56366 requires the contracting LEA and the nonpublic, nonsectarian school 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 the type or duration of services, as specified by the student's IEP, to be provided by the nonpublic, nonsectarian school.
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. The certification shall result in the school receiving approval to educate special education students enrolled in California's public school system.
Certification Fees
A school shall be charged a reasonable fee for certification. The 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 the 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 school shall pay certification fees when it applies for certification and when it submits the annual renewal application to the CDE (August 1 through October 31). The CDE shall use those fees to conduct onsite reviews. The review team may include field experts. No fee shall be refunded if the application is withdrawn or is denied by the 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 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.
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 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
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
If a nonpublic, nonsectarian school operates a program at more than one site, each site shall be certified.
Application for Certification
- A nonpublic, nonsectarian school that seeks certification shall file an application with the CDE on current forms provided by the CDE and include the following information on the application:
- A description of the special education and designated instruction and services 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 special education or 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 school.
- 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 school 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 the CDE without a signed verification that the SELPA has had an opportunity to provide comments on all required components of the application.
Validation Review - (California Schools Only)
A new nonpublic, nonsectarian school is subject to a validation onsite review prior to the issuance of certification. After the validation review is scheduled, the nonpublic, nonsectarian school will be sent a confirmation letter and a copy of the validation review document. Advance preparation for the validation review is encouraged. The program's operational standards, instructional materials, and school facility will be reviewed. If the operational standards do not meet current requirements, certification may be denied or issued conditionally with corrective actions required.
If the nonpublic, nonsectarian school meets all application requirements, it will receive a three-month conditional certification. During those three months, the nonpublic school will be scheduled for an onsite review.
Conditional certification authorizes the new nonpublic, nonsectarian school to begin contracting with school districts to provide appropriate special education and DIS services for students.
Onsite Review
As part of the certification process, the CDE shall conduct an onsite review of the facility and program for which the applicant seeks approval.
Advance preparation for the onsite review is encouraged. After the onsite review is scheduled, a confirmation letter and copy of the onsite review document will be sent to the school. It is suggested that the nonpublic, nonsectarian school conduct a self-evaluation prior to the onsite review and be prepared to respond to each item on the review document.
Application Review Process
The 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 the 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, the CDE shall provide reasons for the denial.
The superintendent shall annually review the certification of each nonpublic, nonsectarian school. For this purpose, a certified school shall annually update its application between August 1 and October 31.
Notice to Initiate or Expand Services
Notwithstanding any other provision of law, the superintendent may not certify a nonpublic, nonsectarian school that proposes to initiate or expand services to pupils currently educated in the immediate prior fiscal year in a juvenile court program, community school pursuant to EC 56150, or other non-special education program, including independent study or adult school, or both, unless the nonpublic, nonsectarian school notifies the county superintendent of schools and the SELPA in which the proposed new or expanded nonpublic, nonsectarian school is located of its intent to seek certification. Notwithstanding any other provision of law, the certification becomes effective no earlier than July 1 of the following year.
The notification shall occur no later than the December 1 prior to the new fiscal year in which the proposed or expanding school or agency intends to initiate services. The notice shall include the following:
- The specific date upon which the proposed nonpublic, nonsectarian school is to be established.
- The location of the proposed program or facility.
- The number of pupils proposed for services, the number of pupils currently served in the juvenile court, community school, or other non-special education program, the current school services, including special education and related services provided for these pupils, and the specific program of special education and related services to be provided under the proposed program.
- The reason for the proposed change in services.
- The number of staff who will provide special education and designated instruction and services and hold a current valid California credential or license in the service rendered.
Causes for Suspension or Revocation of Certification
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 school program.
- Failure to implement recommendations and compliance requirements following an onsite review of the school.
- 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.
- 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 school, including the circumstances surrounding the death and any appropriate preventative measures being taken or recommended.
The CDE is required to notify contracting local educational agencies and the special education local plan area in which the nonpublic, nonsectarian school is located of the determination to suspend or revoke state certification.
Request for Review
- Within 20 working days after the nonpublic, nonsectarian school receives the notice of denial, revocation, or suspension of certification, the nonpublic, nonsectarian school 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 school certification.
- Any public education agency that contracts with a certified nonpublic, nonsectarian school may request the CDE to review the status of the nonpublic school. The request shall be in writing and a copy sent to the nonpublic school.
Guidelines for Site Relocation
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.
Instructional Considerations
Nonpublic, nonsectarian schools 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. Education and 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).
Students with exceptional needs receiving services from the nonpublic, nonsectarian schools must have access to the educational materials, services, and programs to the same extent as they are available to public school students at the LEA in which the nonpublic, nonsectarian school is located. In this regard, the nonpublic, nonsectarian school must:
- Use the standards-based core curriculum and the same instructional materials used by the LEA in which the nonpublic, nonsectarian school is located. All pupils should have their own individual copy of textbooks and other instructional materials used to support the standards-based core curriculum in each subject taught for each grade level as required by the California Education Code.
- As appropriate, provide access to college preparation courses.
- Provide extracurricular activities, such as art, sports, music, and academic clubs.
- As appropriate, provide career preparation and vocational training, consistent with transition plans pursuant to state and federal laws.
- As appropriate, provide supplemental assistance, including individual academic tutoring, psychological counseling, and career and college counseling.
Attendance and Records
The administrative provisions of the master contract shall include procedures for record keeping and documentation and the maintenance of school records by the contracting LEA to ensure that the student receives appropriate high school graduation credits. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school.
Questions relating to laws on attendance and student records should be addressed to the California Department of Education, School Fiscal Services Division, 1430 N Street, Suite 3800, Sacramento, CA 95814 or call 916-322-3024.
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 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, Room 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 Nonpublic Schools and Agencies 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 school should maintain copies of the application forms and the general information for future reference.
