Special education: nonpublic, nonsectarian schools or agencies.

Existing law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies, as defined, and requires a contracting local educational agency to pay to the nonpublic, nonsectarian school or agency the full amount of the tuition for individuals with exceptional needs who are enrolled in programs provided pursuant to the contract. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified as meeting specified standards. Existing law sets forth the certification process and procedures for the nonpublic, nonsectarian schools or agencies that seek certification from the Superintendent of Public Instruction. This bill would instead require a contracting local educational agency to pay the full amount of the tuition or fees, as applicable, for individuals with exceptional needs who are enrolled in programs or receiving services provided pursuant to such a contract. Commencing with the 2020–21 school year, the bill would require a nonpublic, nonsectarian school or agency to include in its certification application documentation that the nonpublic, nonsectarian school or agency will train staff who will have contact or interaction with pupils during the schoolday, as prescribed, and would impose related training and verification requirements on nonpublic, nonsectarian schools or agencies and contracting local educational agencies. Commencing with the 2021–22 school year, the bill would require a nonpublic, nonsectarian school or agency to include in its certification application documentation that the administrator of the nonpublic, nonsectarian school holds or is in the process of obtaining a specified credential, degree, or license and, in certain cases, 2 years of experience. Commencing with the 2020–21 school year, the bill would require a local educational agency that enters into a master contract with a nonpublic, nonsectarian school to conduct onsite visits to the nonpublic, nonsectarian school, as specified, and would require the State Department of Education, on or before June 30, 2020, to create and publish criteria for reporting the findings of a monitoring visit to the department. The bill would require a nonpublic, nonsectarian school or agency to 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 involved, as specified. The bill would authorize the department, if an investigation conducted by the department results in a finding that pupil health or safety has been compromised or is in danger of being compromised at a nonpublic, nonsectarian school or agency, to immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency. The bill would require a nonpublic, nonsectarian school serving pupils with significant behavioral needs or who are on behavioral intervention plans to have a qualified individual onsite during school hours, as specified. The bill would also make other changes relating to nonpublic, nonsectarian schools or agencies.