(a)
A nonpublic, nonsectarian school or agency that seeks certification shall file an application with the Superintendent on forms provided by the department, and shall include all of the following information on the application:
(1)
A description of the special education and designated instruction and services provided to individuals with exceptional needs if the application is for nonpublic, nonsectarian school certification.
(2)
A description of the designated instruction and services provided to individuals with exceptional needs if the application is for nonpublic, nonsectarian agency certification.
(3)
A list of appropriately qualified staff, a description of the credential, license, or registration that qualifies each staff member rendering special education or designated instruction and services to do so, and copies of their credentials, licenses, or certificates of registration with the appropriate state or national organization that has established standards for the service rendered.
(4)
(A)
(i)
Commencing with the 2020–21 school year, documentation that the nonpublic, nonsectarian school or agency will train staff who will have contact or interaction with pupils during the schoolday in the use of evidence-based practices and interventions specific to the unique behavioral needs of the nonpublic, nonsectarian school’s or agency’s pupil
population.
The training shall be provided within 30 days of employment to new staff who have any contact or interaction with pupils during the schoolday, and annually to all staff who have any contact or interaction with pupils during the schoolday.
(ii)
For a nonpublic, nonsectarian school or agency that was in existence as of the January 1 immediately preceding a school year, documentation that the nonpublic, nonsectarian school’s or agency’s staff members who will have contact or interaction with pupils during the schoolday have received training that complies with the requirements of subparagraphs (B) and (C).
(B)
The training described in this paragraph shall be selected and conducted by the nonpublic, nonsectarian school or agency and shall satisfy all of the following
conditions:
(i)
Be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught.
(ii)
Be taught in a manner consistent with the development and implementation of individualized education programs.
(iii)
Be consistent with the requirements of Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27, relating to pupil discipline.
(C)
The content of the training described in this paragraph shall include, but is not limited to, all of the following:
(i)
Positive behavioral intervention and supports, including collection, analysis, and
use of data to inform, plan, and implement behavioral supports.
(ii)
How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors.
(iii)
Evidence-based interventions for reducing and replacing
challenging behaviors, including de-escalation techniques.
(D)
(i)
The contracting local educational agency shall verify the nonpublic, nonsectarian school’s or agency’s compliance with the requirements of this paragraph, and the nonpublic, nonsectarian school or agency shall report the contracting local educational agency’s verification to the Superintendent annually with the annual certification documents described in subdivision (h).
(ii)
For a nonpublic, nonsectarian school or agency seeking initial certification, the contracting local educational agency shall verify
that the plan and timeline for training provided pursuant to this paragraph are included in the master contract.
(iii)
For a nonpublic, nonsectarian school or agency not in existence as of the January 1 immediately preceding a school year, the contracting local educational agency shall, 30 days following the commencement of the school year, verify that the nonpublic, nonsectarian school or agency provided the training required by this paragraph, and shall submit the verification to the Superintendent at that time.
(iv)
The nonpublic, nonsectarian school or agency shall maintain written records of the training provided pursuant to this paragraph, and shall provide written verification of the training upon request.
(5)
Commencing with the 2021–22 school year, documentation that the administrator of the nonpublic, nonsectarian school holds or is in the process of obtaining one of the following:
(A)
An administrative credential granted by an accredited postsecondary educational institution and two years of experience with pupils with disabilities.
(B)
A pupil personnel services credential that authorizes school counseling or psychology.
(C)
A license as a clinical social worker issued by the Board of Behavioral Sciences.
(D)
A license in psychology regulated by the Board of Psychology.
(E)
A
master’s degree issued by an accredited postsecondary institution in education, special education, psychology, counseling, behavioral analysis, social work, behavioral science, or rehabilitation.
(F)
A credential authorizing special education instruction and at least two years of experience teaching in special education before becoming an administrator.
(G)
A license as a marriage and family therapist certified by the Board of Behavioral Sciences.
(H)
A license as an educational psychologist issued by the Board of Behavioral Sciences.
(I)
A license as a professional clinical counselor issued by the Board of Behavioral Sciences.
(6)
An annual operating budget.
(7)
Affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries required of all nonpublic, nonsectarian school or agency personnel having contact with minor children under Section 44237.
(8)
Assurances of compliance with Article 5 (commencing with Section 49000) and Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27, and Section 56521.1, relating to behavioral interventions.
(9)
Commencing with the 2024–25 school year, a nonpublic nonsectarian school shall include assurances that for any pupil
served by the school who is a foster child as defined in subdivision (a) of Section 48853.5, the school agrees to do both of the following:
(A)
Serve as the school of origin of the foster child, as applicable pursuant to subdivision (g) of Section 48853.5.
(B)
Allow the foster child to continue their education in the school, as applicable pursuant to subdivisions (f) and (g) of Section 48853.5.
(b)
(1)
The applicant shall provide the special education local plan area in which the applicant is located with the written notification of its intent to seek certification or renewal of its certification. The local educational agency representatives shall acknowledge that they have been
notified of the intent to certify or renew certification. The acknowledgment shall include a statement that representatives of the local educational agency for the area in which the applicant is located have had the opportunity to review the application at least 60 calendar days before submission of an initial application to the Superintendent, or at least 30 calendar days before submission of a renewal application to the Superintendent. The acknowledgment shall provide assurances that local educational agency representatives have had the opportunity to provide input on all required components of the application.
(2)
If the local educational agency has not acknowledged an applicant’s intent to be certified 60 calendar days from the date of submission for initial applications or 30 calendar days from the date of the return
receipt for renewal applications, the applicant may file the application with the Superintendent.
(3)
The department shall provide electronic notification of the
availability of renewal application materials to certified nonpublic, nonsectarian schools and agencies at least 120 days before the date their current certification expires.
(c)
If the applicant operates a facility or program on more than one site, each site shall be certified.
(d)
If the applicant is part of a larger program or facility on the same site, the Superintendent shall consider the effect of the total program on the applicant. A copy of the policies and standards for the nonpublic, nonsectarian school or agency and the larger program shall be available to the Superintendent.
(e)
(1)
Before certification, the Superintendent shall conduct an onsite review of the facility and program for
which the applicant seeks certification. The Superintendent may be assisted by representatives of the special education local plan area in which the applicant is located and a nonpublic, nonsectarian school or agency representative who does not have a conflict of interest with the applicant. The Superintendent shall conduct an additional onsite review of the facility and program within three years of the effective date of the certification, unless the Superintendent conditionally certifies the nonpublic, nonsectarian school or agency, or unless the Superintendent receives a formal complaint against the nonpublic, nonsectarian school or agency. In the latter two cases, the Superintendent shall conduct an onsite review at least annually.
(2)
In carrying out paragraph (1), the Superintendent may verify that the nonpublic, nonsectarian
school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency.
(3)
Commencing with the 2026–27 school year, the Superintendent shall also do all of the following before certifying a nonpublic, nonsectarian school located outside of California:
(A)
Review assurances provided pursuant to paragraph (8) of subdivision (a) relating to behavioral interventions to evaluate consistency with California laws.
(B)
Ensure that pupils have been provided a copy of their rights and procedural safeguards, as referenced in Section 300.504(a) of
Title 34 of the Code of Federal Regulations, and information on how to contact the department’s Constituent Services Office, upon admission to the nonpublic, nonsectarian school and that this information is accessible and require the telephone number for the department’s
Constituent Services Office to be prominently displayed at the nonpublic, nonsectarian school.
(C)
Review policies, procedures, and practices of the nonpublic, nonsectarian school to determine if there is a clear and confidential process for residents to report grievances without fear of retaliation and review the process for investigating and reporting internal and external resident complaints.
(D)
Examine the use of positive behavioral reinforcement systems, including if the nonpublic, nonsectarian school correctly implements behavior intervention pursuant to Chapter 5.5 (commencing with Section 56520) and manifestation determinations pursuant to Section 300.530(e) of Title 34 of the Code of Federal Regulations, and provide a copy of the nonpublic, nonsectarian
school’s policies on behavior intervention to pupils and parents of pupils enrolled in the nonpublic, nonsectarian
school.
(E)
Review protocols for identifying signs of abuse or neglect, both physical and psychological, for consistency with the mandated reporting requirements of Section 11165.7 of the Penal Code, ensure that all staff are trained to recognize these signs, and review any behavior emergency reports required pursuant to Section 56521.1 to ensure compliance with that section.
(4)
Commencing with the 2020–21 school year, a local educational agency that enters into a master contract with a nonpublic, nonsectarian school shall conduct, at minimum, all of the following:
(A)
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.
(B)
At least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency 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 local educational agency and the nonpublic, nonsectarian school, a review of progress the pupil is making toward the goals set forth in the pupil’s individualized education program, a review of progress the pupil is making toward the goals set forth in the pupil’s behavioral intervention plan, if applicable, an observation of the pupil during instruction, a walkthrough of the facility, and, for a pupil placed in a nonpublic,
nonsectarian school located outside of California, an in-person interview with the pupil, in a manner consistent with the pupil’s individualized education program, to evaluate the pupil’s health and safety. The local educational agency shall report the findings resulting from the monitoring visit to the department, using the “Local Educational Agency Onsite Visit for Nonpublic School” form developed and published by the department on its internet website, within 60 calendar days of the onsite visit. On or before July 1, 2026, the department shall update the form to additionally require, for nonpublic, nonsectarian schools located outside of California, all of the following findings to be reported to the department:
(i)
A summary of the local educational agency’s interview of pupils to assess their perceptions of the nonpublic,
nonsectarian school and the services provided, including whether pupils feel that they are treated with respect and dignity and whether nonpublic, nonsectarian school staff maintain appropriate professional boundaries. The local educational agency may also use the tool used by the Superintendent to conduct interviews or develop its own interview tool and shall respect any limitations caused by the pupil’s disability and conduct the interview in a manner consistent with the pupil’s individualized education program.
(ii)
Evidence of positive behavioral support, for which the local educational agency shall examine the use of positive behavioral reinforcement systems, including if the nonpublic, nonsectarian school correctly implements behavior intervention pursuant to Chapter 5.5 (commencing with Section 56520) and manifestation
determinations pursuant to Section 300.530(e) of Title 34 of the Code of Federal Regulations.
(iii)
Evidence of screening for abuse and neglect, for which the local educational agency shall review the protocols for identifying signs of abuse or neglect, both physical and psychological, and ensure that all staff are trained to recognize these signs through a review of any behavior emergency reports required pursuant to Section 56521.1.
(C)
A quarterly check-in with a pupil attending the nonpublic, nonsectarian school located outside of California through an unmonitored telephone call, in a manner consistent with the pupil’s individualized education program.
(f)
(1)
The Superintendent shall make a
determination on an application within 120 days of receipt of the application and shall certify, conditionally certify, or deny certification to the applicant. If the Superintendent fails to take one of these actions within 120 days, the applicant is automatically granted conditional certification for a period terminating on August 31 of the current school year. If certification is denied, the Superintendent shall provide reasons for the denial. The Superintendent shall not certify the nonpublic, nonsectarian school or agency for a period longer than one year.
(2)
Commencing with the 2026–27 school year, for a nonpublic, nonsectarian school located outside of California, the Superintendent shall make available, upon request from a local educational agency or a special education local plan area, the following information, if available:
(A)
The certification status of the nonpublic, nonsectarian school or agency, including whether certification was granted, denied, revoked, suspended, or granted with conditions.
(B)
A summary of the findings supporting the Superintendent’s determination, including any corrective actions or areas of noncompliance identified.
(C)
Access to relevant documentation used to support the determination, including compliance review reports and any findings resulting from onsite monitoring visits.
(3)
A local educational agency shall disclose the information received in paragraph (2), if available, to the parent or guardian at the time the individualized education program
team considers placement of the pupil in a nonpublic, nonsectarian school or agency.
(4)
The local educational agency shall document in the individualized education program that the information described in paragraph (2), if available, was provided to the parent or guardian and that the parent or guardian was given an opportunity to review and discuss the information as part of the placement decision.
(5)
This subdivision does not authorize the disclosure of any personally identifiable information and shall be consistent with applicable state and federal pupil privacy laws.
(g)
Certification becomes effective on the date the nonpublic, nonsectarian school or agency meets all the application requirements and
is approved by the Superintendent. Certification may be retroactive if the nonpublic, nonsectarian school or agency met all the requirements of this section on the date the retroactive certification is effective. Certification expires on December 31 of the terminating year.
(h)
The Superintendent annually shall review the certification of each nonpublic, nonsectarian school or agency. For this purpose, a certified nonpublic, nonsectarian school or agency annually shall update its application between August 1 and October 31, unless the state board grants a waiver pursuant to Section 56101. The Superintendent may conduct an onsite review as part of the annual review.
(i)
(1)
The Superintendent shall conduct an investigation of a nonpublic, nonsectarian
school or agency onsite at any time without prior notice if there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child. The Superintendent shall document the concern and submit it to the nonpublic, nonsectarian school or agency at the time of the onsite investigation. The Superintendent shall require a written response to any noncompliance or deficiency found.
(2)
A nonpublic, nonsectarian school or agency shall notify the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school or agency in which law enforcement was contacted. This notification shall be provided in writing, no later than one business day after the incident occurred.
(3)
With respect to a
nonpublic, nonsectarian school or agency, the Superintendent shall conduct an investigation, which may include an unannounced onsite visit, if the Superintendent receives evidence of a significant deficiency in the quality of educational services provided, a violation of Section 56366.9, or noncompliance with the policies expressed by subdivision (b) of Section 1501 of the Health and Safety Code by the nonpublic, nonsectarian school or agency. The Superintendent shall document the complaint and the results of the investigation and shall provide copies of the documentation to the complainant, the nonpublic, nonsectarian school or agency, and the contracting local educational agency.
(4)
Violations or noncompliance documented pursuant to paragraph (1) or (3) shall be reflected in the status of the certification of the nonpublic,
nonsectarian school or agency, at the discretion of the Superintendent, pending an approved plan of correction by the nonpublic, nonsectarian school or agency. The department shall retain for a period of 10 years all violations pertaining to certification of the nonpublic, nonsectarian school or agency.
(5)
In carrying out this subdivision, the Superintendent may verify that the nonpublic, nonsectarian school or agency received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency.
(j)
The Superintendent shall monitor the facilities, the educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service, the standards-based core curriculum being employed, and the standards-focused instructional materials used, of an existing certified nonpublic, nonsectarian school or agency on a three-year cycle, as follows:
(1)
The nonpublic, nonsectarian school or agency shall complete a self-review in year one.
(2)
The Superintendent shall conduct an onsite review of the nonpublic, nonsectarian school or agency in year two.
(3)
The Superintendent shall conduct a followup visit to the nonpublic, nonsectarian school or agency in year three.
(k)
(1)
During an onsite review of a nonpublic,
nonsectarian school located outside of California, the Superintendent shall interview all pupils with individualized education programs to discuss progress and address any concerns respecting any limitations due to the pupils’ disabilities at the following times:
(A)
If the nonpublic, nonsectarian school is the subject of an investigation pursuant to subdivision (i).
(B)
If there is a change in certification status or during the year-three monitoring followup visit specified in paragraph (3) of subdivision (j).
(C)
If the nonpublic, nonsectarian school has pupil-level findings from year two.
(2)
On or before July 1, 2026, the Superintendent shall develop an
interview tool to be used for interviews with pupils to assess the pupils’ perceptions of the nonpublic, nonsectarian school and the services provided, discuss progress, and address any concerns. The interview tool shall require interviews to include, at minimum, the pupil’s perceptions of being treated with respect and dignity and of whether the staff maintain appropriate professional boundaries. This tool shall be made available to local educational agencies upon request to conduct interviews.
(
l
)
(1)
Notwithstanding any other law, the Superintendent shall not certify a nonpublic, nonsectarian school or agency that proposes to initiate or expand services to pupils currently educated in the immediate prior fiscal year in a juvenile court program, community school pursuant to Section 56150, or other nonspecial
education program, including independent study or adult school, or both, unless the nonpublic, nonsectarian school or agency notifies the county superintendent of schools and the special education local plan area in which the proposed new or expanded nonpublic, nonsectarian school or agency is located of its intent to seek certification.
(2)
The notification shall occur no later than the December 1 before the new fiscal year in which the proposed or expanding school or agency intends to initiate services. The notice shall include the following:
(A)
The specific date upon which the proposed nonpublic, nonsectarian school or agency is to be established.
(B)
The location of the proposed program or facility.
(C)
The number of pupils proposed for services, the number of pupils currently served in the juvenile court, community school, or other nonspecial education program, the current school services including special education and related services provided for these pupils, and the specific program of special education and related services to be provided under the proposed program.
(D)
The reason for the proposed change in services.
(E)
The number of staff who will provide special education and designated instruction and services and hold a current valid California credential or license in the service rendered.
(3)
In addition to the requirements in subdivisions (a) to (f), inclusive,
the Superintendent shall require and consider the following in determining whether to certify a nonpublic, nonsectarian school or agency as described in this subdivision:
(A)
A complete statement of the information required as part of the notice under paragraph (1).
(B)
Documentation of the steps taken in preparation for the conversion to a nonpublic, nonsectarian school or agency, including information related to changes in the population to be served and the services to be provided pursuant to each pupil’s individualized education program.
(4)
Notwithstanding any other law, the certification becomes effective no earlier than July 1 if the nonpublic, nonsectarian school or agency provided the notification required
pursuant to paragraph (1).
(m)
(1)
Notwithstanding any other law, the Superintendent shall not certify or renew the certification of a nonpublic, nonsectarian school that also operates a licensed children’s institution, unless all of the following conditions are met:
(A)
The entity operating the nonpublic, nonsectarian school maintains separate financial records for each entity that it operates, with each nonpublic, nonsectarian school identified separately from any licensed children’s institution that it operates.
(B)
The entity submits an annual budget that identifies the projected costs and revenues for each entity and demonstrates that the rates to be charged are reasonable to support the operation of the
entity.
(C)
The entity submits an entitywide annual audit that identifies its costs and revenues, by entity, in accordance with generally accepted accounting and auditing principles. The audit shall clearly document the amount of moneys received and expended on the educational program provided by the nonpublic, nonsectarian school.
(D)
The relationship between various entities operated by the same entity are documented, defining the responsibilities of the entities. The documentation shall clearly identify the services to be provided as part of each program, for example, the residential or medical program, the mental health program, or the educational program. The entity shall not seek funding from a public agency for a service, either separately or as part of a package of
services, if the service is funded by another public agency, either separately or as part of a package of services.
(2)
For purposes of this section, “licensed children’s institution” has the same meaning as it is defined by Section 56155.5.
(n)
(1)
The nonpublic, nonsectarian school or agency shall be charged a reasonable fee for certification. The Superintendent may adjust the fee annually commensurate with the statewide average percentage inflation adjustment computed for local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, of unified school districts with greater than 1,500 units of average daily attendance if the percentage increase is reflected in the school district local control funding formula allocation
pursuant to Section 42238.02, as implemented by Section 42238.03, for inflation purposes. For purposes of this section, the base fee shall be the following:
(1)
1–5 pupils
$
300
(2)
6–10 pupils
500
(3)
11–24 pupils
1,000
(4)
25–75 pupils
1,500
(5)
76 pupils and over
2,000
(2)
The nonpublic, nonsectarian school or agency shall pay this fee when it applies for certification and when it updates its application for annual renewal by the Superintendent. The Superintendent shall use these fees to conduct onsite reviews, which may include field experts. A fee shall not be refunded if
the application is withdrawn or is denied by the Superintendent.
(o)
(1)
Notwithstanding any other law, only those nonpublic, nonsectarian schools or agencies that provide special education and designated instruction and services using administrators and staff who hold a certificate, permit, or other document equivalent to that which staff in a public school are required to hold in the service rendered are eligible to receive certification. Only those nonpublic, nonsectarian schools or agencies located outside of California that employ staff who hold a current valid credential or license to render special education and related services as required by that state shall be eligible to be certified. Commencing with the 2021–22 school year, this paragraph shall not apply to
administrators.
(2)
Commencing with the 2021–22 school year, notwithstanding any other law, only those nonpublic, nonsectarian schools or agencies that provide special education and related services using administrators who hold or are in the process of obtaining a credential, degree, or license in accordance with paragraph (5) of subdivision (a) are eligible to be certified.
(3)
The state board shall develop regulations to implement this subdivision.
(p)
In addition to meeting the standards adopted by the state board, a nonpublic, nonsectarian school or agency shall provide written assurances that it meets all applicable standards relating to fire, health, sanitation, and building safety.
(q)
(1)
Notwithstanding subdivision (n) of Section 44237, and for purposes of enabling the Superintendent to carry out the duties pursuant to this section, a nonpublic, nonsectarian school or agency shall, upon demand, make available to the Superintendent evidence of a successful criminal background check clearance and enrollment in subsequent arrest notice service, conducted pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency.
(2)
The nonpublic, nonsectarian school or agency shall retain the evidence and store it in a locked file separate from other files.
