6159.2 – Instruction – Instructional Arrangements – Nonpublic Nonsectarian School and Agency Services for Special Education

Policy –
Regulation – x
Exhibit –

Adopted – 3/5/1998
Revised – 9/4/2003
Placement and Services

Procedures specified in law shall govern the selection of appropriate nonpublic school or agency services.

Contracts with a nonpublic school or agency shall be made on forms provided by the California Department of Education and shall include an individual services agreement negotiated for each student. Individual services agreements shall be for the length of time for which nonpublic, nonsectarian school services are specified in the student’s individualized education program (IEP), not to exceed one year. Changes in educational instruction, services or placement shall be made only on the basis of revisions to the student’s IEP. (Education Code 56366)

The master contract shall specify the general administrative and financial agreements between the nonpublic, nonsectarian school or agency and the District to provide the special education and designated instruction and services, as well as transportation specified in the student’s IEP. The administrative provisions of the contract shall also include procedures for record keeping and documentation, and the maintenance of school records by the contracting District to ensure that appropriate high school graduation credit is received by the student. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school. (Education Code 56366)

The master contract shall include a description of the process being utilized by the District to oversee and evaluate placements in nonpublic, nonsectarian schools. This description shall include a method for evaluating whether the student is making appropriate educational progress. (Education Code 56366)

The District IEP team shall annually review the IEP of a student placed in a nonpublic, nonsectarian school or agency. The student’s IEP and contract shall specify the review schedules. (5 CCR 3068)

When a special education student meets the District requirements for completion of prescribed course of study and adopted differential proficiency standards as designated in the student’s IEP, the District that developed the IEP shall award the diploma. (5 CCR 3069)

Out-of-State Placements

Before contracting with a nonpublic, nonsectarian school or agency outside California, the Superintendent or designee shall document the District’s efforts to find an appropriate program offered by a nonpublic, nonsectarian school or agency 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 related costs, and the District’s efforts to locate an appropriate public school or nonpublic, nonsectarian school or agency within California. (EC 56365)

If the District decides to place a student with a nonpublic, nonsectarian school or agency 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. (EC 56365)

See Policy #6159.2
CSBA Date – 6/99

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