Instruction
Administrative Regulation No. 6159.2
Regulation revised: February 12, 2024
 
NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION

Master Contract

Every master contract between the district and a nonpublic, nonsectarian school or agency (NPS/A) shall specify the general administrative and financial agreements for providing special education and designated instruction and services. The master contract shall be for a term not to exceed one year and shall be renegotiated prior to June 30.  Provisions of the contract shall include, but not be limited to:  (Education Code 56366; 5 CCR 3062)

1. Student-teacher ratios
    
2. Transportation specified in a student's individualized education program (IEP)
   
   The contract shall not include special education transportation provided through the use of services or equipment owned, leased, or contracted by the district for students enrolled in the NPS/A unless provided directly or subcontracted by that NPS/A.
    
3. Procedures for recordkeeping and documentation 
    
4. The maintenance of school records by the district to ensure that appropriate high school graduation credit is received by any participating student  
    
5. An individual services agreement for each student, which will be negotiated for the length of time for which NPS/A special education and designated instruction and services are specified in the student's IEP 
    
6. A description of the process to be utilized by the district to oversee and evaluate placements in the NPS/A, including a method for evaluating whether each student is making appropriate educational progress  
    
7. Procedures and responsibilities for attendance and unexcused absences
    
8. General provisions related to modifications and amendments to the contract, waivers, disputes, contractor's status, conflicts of interest, termination, inspection and audits, compliance with applicable state and federal laws and regulations, and indemnification and insurance requirements
    
9. Payment schedules, including, but not limited to, payment amounts, payment demand, right to withhold, and audit exceptions

The contract may allow for partial or full-time attendance at the NPS/A.  (Education Code 56366)

With mutual agreement of the district and NPS/A, changes may be made to the administrative and financial agreements in the master contract at any time, provided the change does not alter a student's educational instruction, services, or placement as outlined in the student's individual services agreement.  (Education Code 56366)

The master contract or individual services agreement may be terminated for cause if either party gives 20 days' notice. However, the availability of a public education program initiated during the period of the contract shall not give cause for termination unless the parent/guardian agrees to transfer the student to the program.  (Education Code 56366)

Placement and Services

For any student to be placed in an NPS/A, the Superintendent or designee shall develop an individual services agreement based on the student's IEP.  Each individual services agreement shall specify the length of time authorized in the student's IEP for the NPS/A services, not to exceed one year.  Changes in a student's educational instruction, services, or placement shall be made only on the basis of revisions to the student's IEP.  (Education Code 56366)

At least once each year, the district shall:  (Education Code 56366)

1. Evaluate the educational progress of each student placed in an NPS/A, including a review of state assessment results
    
2. During the annual meeting held to review the student's IEP pursuant to Education Code 56343, consider whether the student's needs continue to be best met at the NPS/A and whether changes to the student's IEP are necessary, including whether the student may be transitioned to a public school setting

Prior to the annual review of a student's IEP, the Superintendent or designee shall notify any high school district to which the student may transfer of the student's enrollment in an NPS/A.  (5 CCR 3069)

When a special education student meets the district requirements for completion of the prescribed course of study as designated in the student's IEP, the district shall award the student a diploma of graduation.  (5 CCR 3070)

Out-of-State Placements

Before contracting with an NPS/A outside California, the Superintendent or designee shall document the district's efforts to use public schools and/or to find an appropriate program offered by an NPS/A within California.  (Education Code 56365)

Within 15 days of any decision for an out-of-state placement, the student's IEP team shall submit to the Superintendent of Public Instruction a report with information about the services provided by the out-of-state program, the costs of the special education and related services provided, and the district's efforts to locate an appropriate public school or NPS/A within California.  (Education Code 56365)

If the district decides to place a student with an NPS/A outside the state, the district shall indicate the anticipated date of the student's return to a placement within California and shall document efforts during the previous year to return the student to California.  (Education Code 56365)

On-Site Visits

The Superintendent or designee shall conduct an on-site visit to an NPS/A before the placement of a student at the school or agency, if the district does not have any other students currently enrolled at the NPS/A.  (Education Code 56366.1)

At least once per year, the Superintendent or designee shall conduct an on-site monitoring visit to each NPS/A at which the district has a student attending and with which it maintains a master contract.  The monitoring visit shall include, but is not limited to:  (Education Code 56366.1)

1. A review of services provided to the student through the individual services agreement
    
2. A review of progress the student is making toward the goals set forth in the student's IEP
    
3. A review of progress the student is making toward the goals set forth in the student's behavioral intervention plan, if applicable
    
4. An observation of the student during instruction
    
5. A walkthrough of the facility

The district shall report the findings resulting from the monitoring visit to CDE within 60 calendar days of the on-site visit.  (Education Code 56366.1)

Policy Reference Disclaimer:

These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

State Code

5 CCR 3001, Definitions

5 CCR 3051-3051.24, Special education; standards for related services and staff qualifications

5 CCR 3060-3070, Nonpublic, nonsectarian school and agency services

Ed. Code 56034-56035, Definitions of nonpublic, nonsectarian school and agency

Ed. Code 56042, Placement not to be recommended by attorney or advocate with conflict of interest

Ed. Code 56101, Waivers

Ed. Code 56163, Certification

Ed. Code 56168, Responsibility for education of student in hospital or health facility school

Ed. Code 56195.8, Adoption of policies

Ed. Code 56342.1, Individualized education program; placement

Ed. Code 56360-56369, Implementation of special education

Ed. Code 56711, Computation of state aid

Ed. Code 56740-56743, Apportionments and reports

Ed. Code 56760, Annual budget plan; service proportions

Ed. Code 56775.5, Reimbursement of assessment and identification costs

Ed. Code 56836.20-56836.21, Special education funding; SELPA contracts with nonpublic nonsectarian schools

Fam. Code 7911-7912, Interstate compact on placement of children

Gov. Code 7570-7587, Interagency responsibilities for providing services to children with disabilities

Gov. Code 7572.55, Seriously emotionally disturbed child; out-of-state placement

W&I Code 362.2, Out-of-home placement for IEP

W&I Code 727.1, Out-of-state  placement of wards of court

Federal Code

20 USC 1400-1487, Individuals with Disabilities Education Act

34 CFR 300.129-300.148, Children with disabilities in private schools

Management Resources

Court Decision, Agostini v. Felton (1997) 521 U.S. 203, 117 S.Ct. 1997

Website, CSBA District and County Office of Education Legal Services

Website, U.S. Department of Education, Office of Special Education and Rehabilitative Services

Website, California Department of Education

Cross References,

0430, Comprehensive Local Plan For Special Education

0430, Comprehensive Local Plan For Special Education

0500, Accountability

1312.3, Uniform Complaint Procedures

1312.3, Uniform Complaint Procedures

1312.3-E(1), Uniform Complaint Procedures

1312.3-E(2), Uniform Complaint Procedures

1431, Waivers

3541.2, Transportation For Students With Disabilities

3580, District Records

3580, District Records

4112.23, Special Education Staff

5125, Student Records

5125, Student Records

6146.1, High School Graduation Requirements

6146.3, Reciprocity Of Academic Credit

6146.3, Reciprocity Of Academic Credit

6146.4, Differential Graduation And Competency Standards For Students With Disabilities

6159, Individualized Education Program

6159, Individualized Education Program

6159.1, Procedural Safeguards And Complaints For Special Education

6159.1, Procedural Safeguards And Complaints For Special Education

6159.3, Appointment Of Surrogate Parent For Special Education Students

6159.3, Appointment Of Surrogate Parent For Special Education Students

6162.51, State Academic Achievement Tests

6162.51, State Academic Achievement Tests

6164.4, Identification And Evaluation Of Individuals For Special Education

6164.4, Identification And Evaluation Of Individuals For Special Education

6173.1, Education For Foster Youth

6173.1, Education For Foster Youth

6173.2, Education Of Children Of Military Families

6173.2, Education Of Children Of Military Families