Instruction
Board Policy No. 6159.2
Policy Adopted: March 20, 2000
Policy Revised: February 8, 2024
Policy Revised: May 29, 2025
NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION
The Governing Board recognizes its responsibility to provide a free appropriate public education to students with exceptional needs in accordance with law. When the district is unable to provide direct special education and/or related services to students with exceptional needs, the Board may enter into a contract with a nonpublic, nonsectarian school or agency (NPS/A) to meet student needs consistent with the comprehensive local plan of the Special Education Local Plan Area.
Prior to entering into a contract to place any student in an NPS/A, the Superintendent or designee shall verify that the school or agency is certified to provide special education and related services to individuals with exceptional needs and complies with staff training requirements in accordance with Education Code 56366 and 56366.1.
Additionally, the Superintendent or designee, such as the district's liaison for foster youth, shall verify that for any student served by an NPS/A who is a foster youth, the NPS/A agrees to serve as the school of origin of the foster youth and allow the foster youth to continue the foster youth's education in the NPS/A in accordance with Education Code 56366.1.
The Superintendent or designee shall monitor, on an ongoing basis, the certification of any NPS/A with which the district has a contract to ensure that the certification has not expired.
Within 14 days of becoming aware of any change to the certification status of an NPS/A, including, but not limited to, receiving notification of a determination to suspend or revoke the certification of the NPS/A pursuant to Education Code 56366.4, the district shall notify, through email or regular mail, the parents/guardians of any district student who attends the NPS/A of the change in certification status, which includes a copy of procedural safeguards. The district shall maintain a record of such notice and make the notice available for inspection upon request by the California Department of Education. (Education Code 56366.45)
No district student with exceptional needs shall be referred to, or placed in, an NPS/A unless the student's individualized education program (IEP) team has determined that the placement is appropriate for the student. (Education Code 56342.1)
The district shall pay to the NPS/A the full amount of the tuition or fees, as applicable, for students with exceptional needs who are enrolled in programs or receiving services provided by the NPS/A pursuant to the contract. (Education Code 56365)
In accordance with law, any student with exceptional needs placed in an NPS/A shall have all the rights and protections to which students with exceptional needs are generally entitled, including, but not limited to, procedural safeguards, due process rights, and periodic review of the student's IEP.
During the period when any student with exceptional needs is placed in an NPS/A, the student's IEP team shall retain responsibility for monitoring the student's progress towards meeting the goals identified in the IEP.
The Superintendent or designee shall ensure that any contract with an NPS/A contains a requirement for the NPS/A to comply with district policy, procedures, and practices related to student rights, health, and safety, including the use of seclusion and restraint. All NPS/A staff that serve district students shall be made aware of, and trained in such policies, procedures, and practices.
The Superintendent or designee shall notify the Board prior to approving an out-of-state placement for any district student.
The Superintendent or designee may apply to the Superintendent of Public Instruction to waive any of the requirements of Education Code 56365, 56366, and 56366.6. (Education Code 56366.2)
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 Description
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 51225.3 High school graduation requirements
Ed. Code 51225.31-51225.32 Graduation exemption for students with exceptional needs
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 exceptional needs
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
State Description
Federal Description
20 USC 1400-1487 Individuals with Disabilities Education Act
34 CFR 300.129-300.148 Children with disabilities in private schools
Management Resources Description
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 Description
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
5145.6 Parent/Guardian Notifications
5145.6-E(1) Parent/Guardian Notifications
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