New or Renewal Nonpublic School Application
General information on the nonpublic school (NPS) application for new or renewal certification.Certification should not be construed as an evaluation, accreditation, approval, recognition, or endorsement of any NPS.
Limitations on Certification
The following entities are not eligible to be certified as an NPS:
- 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.
Onsite Reviews for a New Nonpublic School
Before certification as a new NPS, the California Department of Education (CDE) shall conduct an onsite validation review of the facility and program for which the applicant seeks certification.
If the applicant meets all application requirements, a conditional certification will be issued and the NPS can then accept pupils placed by a local educational agency (LEA) pursuant to an individualized education program (IEP).
Within 120 days from the date of application, the NPS must enroll pupils and an additional onsite review must be conducted.
The final certification determination will be made by the CDE in accordance with California Education Code (EC) Section 56366.1(f)
.
Required Annual Private School Affidavit
On an annual basis, every new and renewing NPS must complete a Private School Affidavit. For instructions on filing the affidavit, please contact the Private School Data Office via email at privateschools@cde.ca.gov or visit the Private School Affidavit Information web page. (California EC Section 33190
)
Causes for Suspension or Revocation of Certification
EC Section 56366.4 authorizes the CDE to suspend or revoke the certification of an NPS 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 NPS that is harmful to the health, welfare, or safety of an individual with exceptional needs, including, but not limited to, the use of interventions prohibited by subdivision (d) of Section 56521.1
and subdivision (a) of Section 49005.8
.
- Failure to comply with any provision in the contract with the local educational 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 NPS; (b) major modification or relocation of facilities; and (c) significant modification of the NPS program.
- Failure to implement recommendations and compliance requirements following an on-site review of the school.
- Failure to provide appropriate services, supplies, equipment, or facilities for a pupil as required in the pupil’s IEP.
- Failure to notify the CDE in writing 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 preventive measures being taken or recommended.
The CDE is required to notify contracting LEAs and the special education local plan area (SELPA) in which the NPS is located of the determination to suspend or revoke state certification. (California EC Section 56366.4
)
Request for Review of Notice of Denial, Revocation, or Suspension of Certification
- Within 20 working days after the NPS receives the notice of denial, revocation, or suspension of certification, the NPS 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 the applicant’s petition and the decision to deny, revoke, or suspend the certification. The CDE or the designee shall render a written, reasoned decision that shall be the final administrative decision. The designee shall be impartial and unbiased and shall not have participated in the decision to deny, revoke, or suspend the NPS certification.
- Any public education agency that contracts with a certified NPS may request the CDE to review the status of the NPS. The request shall be in writing and a copy sent to the NPS. (California EC Section 56366.6
)
Certification at All Sites
If an NPS operates a facility or program at more than one site, each site shall be certified. (California EC Section 56366.1[c]
)
New Nonpublic School Certification
Email the Nonpublic Schools Unit at NPS@cde.ca.gov or call 916-327-0141 to receive further instructions.
Renewing Nonpublic School Certification
NPS Certification Renewal Application documents are emailed to the NPS by August 1. The renewal application and application fee may be submitted to the CDE anytime between August 1 and October 31. Applications received after October 31 will not be accepted.
Certification Fees
Pursuant to EC Section 56366.1(n), the 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 school district revenue limit for inflation purposes. The fee shall be based on the following rates:
| Total Student Capacity* | Application Fee |
|---|---|
| 1–5 Students | $560.00 |
| 6–10 Students | $935.00 |
| 11–24 Students | $1,875.00 |
| 25–75 Students | $2,810.00 |
| 76 or More Students | $3,750.00 |
*Total student capacity is the maximum number of students to be served by the 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.
New and Renewing NPSs shall pay the applicable certification fee when submitting the NPS Certification Application to the CDE. Please note, renewing NPSs must submit the application fee no later than October 31.
Application fees are required to be submitted in the form of a personal or business check, money order, or cashier's check made payable to the CDE.
Note: The name of the school must be on the check or money order.
(California EC Section 56366.1[n]
)
Instructions for New Schools
For new school applications (not renewing NPSs), please mail the completed NPS01 and application fee to the CDE at the following address:
California Department of Education
Special Education Division
Nonpublic Schools Unit
1430 N Street, Suite 2401
Sacramento, CA 95814
On the same date, the completed new school application must be emailed to NPS@cde.ca.gov.