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Contracting with Nonpublic Schools and Nonpublic Agencies
Nonpublic Agencies
A Nonpublic Agency (NPA) is a private, nonsectarian establishment or certified individual that provides related services necessary for a pupil with exceptional needs to benefit educationally from the pupil's individualized education program. This does not include 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 EDC § 56035.
Some of the reasons an LEA/district may contract with an NPA include the following:
- The LEA/district is experiencing a staffing shortage and has not been successful in recruiting employees
- The LEA/district may not have an appropriately credentialed staff member to provide a low-incidence service
- The LEA/district does not have the number of special education students enrolled at their school site to warrant employing a full-time special education provider
Nonpublic Schools
A Nonpublic School (NPS) is a private, nonsectarian school that enrolls individuals with disabilities under an individualized education program and is certified by the California Department of Education (CDE). It does not include 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, or a public university or college. A nonpublic, nonsectarian school shall also meet standards as prescribed by the Superintendent and board EDC § 56034. The tuition of a student in an NPS is paid by the public LEA that places the student in the NPS based on the student's individual needs. For information regarding fiscal responsibility when a parent places a student in an NPS outside of the IEP process, please refer to the Unilateral Placement section of this procedural guide.
Nonpublic Schools Affiliated with Residential Treatment Centers
An LEA may contract directly with an NPS affiliated with a residential treatment center (RTC), either in or out-of-state, that is certified as an NPA by the CDE when placement in the residential treatment center is determined by the IEP team to be the least restrictive environment and necessary for the student's educational benefit under EDC § 56365 & EDC § 56366. RTCs provide support 24 hours a day, seven days a week.
California Department of Education Approved Nonpublic Agency/Nonpublic School List
A list of CDE-approved NPA/NPSs can be accessed through the following link: https://www.cde.ca.gov/sp/se/ds/. An excel workbook will automatically download by clicking on the bullet titled "Nonpublic Schools and Agencies Certification Data Worksheet."
Nonpublic School and Residential Placement Center Referral and Placement Procedures
When a student is not able to access FAPE with maximized support in their current setting, the LEA/district has an obligation to convene an IEP team meeting. The IEP team must review the student's identified needs and progress toward their IEP goals to re-examine the student's placement least restrictive environment (LRE).
Specific educational placement means that unique combination of facilities, personnel, location, or equipment necessary to provide instructional services to an individual with exceptional needs, as specified in the IEP, in any one or a combination of public, private, home and hospital, or residential settings. (b) The IEP team shall document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not disabled. The documentation shall indicate why the pupil's disability prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services CCR Title 5 §3042.
For detailed information relating to NPS and NPS/RTC placements, please access the El Dorado SELPA Nonpublic School and Residential Treatment Center Guidelines.
Master Contract
When an LEA/district deems it necessary to contract with an NPA, NPS, or NPS/RTC, the LEA/district and the NPA shall enter into a master contract to specify the general administrative and financial agreements in providing related services to students with disabilities, in accordance with their IEP EDC § 56366.
Individual Service Agreement
When an LEA/district and NPA, NPS, or NPS/RTC enter into a master contract, an individual service agreement (ISA) is required for each student served by the contracting NPA. The ISA specifies the type and frequency/duration of services to be provided by the NPA, as specified by the student's IEP. ISAs are required at the onset of services being delivered. Additionally, the ISA must be updated anytime the corresponding services are changed under the student's IEP EDC § 56366 [a][2A].
Assembly Bill 1172 Requirements
On-Site Monitoring Visits Prior to Nonpublic School Placements
Beginning in the 2020-2021 school year, LEAs/districts are required to conduct onsite monitoring visit(s) consistent with Assembly Bill 1172 as follows and as outlined by EDC § 56366.1(e)(3)(A) and (B) as follows:
- An onsite visit to the nonpublic, nonsectarian school before placement of a pupil if the local educational agency does not have any pupils enrolled at the school at the time of placement.
- At least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the LEA/district has a pupil attending and with which it maintains a master contract. The monitoring visit shall include but is not limited to, a review of services provided to the pupil through the individual service agreement between the LEA/district and the nonpublic, nonsectarian school, a review of progress the pupil is making toward the goals outlined in the pupil's individualized education program, a review of progress the pupil is making toward the goals outlined in the pupil's behavioral intervention plan, if applicable, an observation of the pupil during instruction, and a walkthrough of the facility. The local educational agency shall report the findings resulting from the monitoring visit to the California Department of Education within 60 calendar days of the onsite visit.
A link to CDE's LEA Onsite Visit for Nonpublic Schools form can be accessed at: https://www.cde.ca.gov/sp/se/ds/documents/leaonsitemonitoring.pdf. The form includes recommended criteria for reporting information relevant to each required component of the onsite monitoring visit to the CDE. The use of this form is not required but is encouraged. Onsite monitoring visit information may be submitted to the CDE via the nonpublic school's email: NPSA@cde.ca.gov.
Behavior Training Requirements and Verification
Beginning in the 2020-21 school year, AB 1172 requires that all NPA, NPS, and NPS/RTC staff members who will have contact or interaction with students during the school day complete training on the use of evidence-based practices and interventions specific to the unique behavioral needs of the NPS/RTC's student population. This training must be provided within 30 days of employment for new staff, and annually to existing staff. Adherence with this requirement must be verified and submitted to the CDE for NPS/RTC certification or annual recertification. The contracting LEA is responsible for verifying the NPS/RTC's compliance with the training requirements. The NPS/RTC shall report the contracting LEA's verification to the Superintendent (via the California Department of Education (CDE) NPS/RTC verification process) annually.
- The form for NPA verification to be submitted by the LEA to the CDE can be found here: https://charterselpa.org/wp-content/uploads/2020/09/NPA07_-Verification-of-Behavior-Training-Requirement-1.pdf.
- The NPS verification form to be submitted by the LEA to the CDE can be found here: https://charterselpa.org/wp-content/uploads/2020/09/NPS-13_-Verification-of-Behavior-Training-Requirement-1.pdf.
The annual recertification for NPS/RTCs is due to the CDE by October 31st of each year (EDC §56366.1(h)). For the contracting LEA to be afforded the time necessary to complete the verification of behavioral training required for the renewal application, it is recommended that the LEA request the documentation of training be provided no later than October 1st annually. For additional information related to AB 1172 and other requirements set forth by the CDE for NPAs, NPSs, and NPS/RTCs, please refer to the El Dorado SELPA's Nonpublic School and Residential Treatment Center Guidelines.
If you have any questions regarding the guidance provided in this document, please contact your SELPA Program Specialist.
Nonpublic Agencies/Schools Did You know Handout:
SELPA NPS/RTC Guidelines: