Senate BillChaptered/SignedEducation
SB 685: Special education: nonpublic schools and agencies.
What SB 685 does, verified October 2, 2026
This bill establishes a pilot program to provide financial assistance to homeless students attending California State University campuses. The program will help students who were homeless during high school and are between 17 and 26 years old. Students must meet certain requirements to receive financial assistance, which will cover the balance of their cost of attendance beyond federal loans. Each campus will adopt policies to administer the program and designate an employee as a liaison for students and prospective students. The Chancellor's Office will evaluate the program's effectiveness by 2030 and make it inoperative after 2031.
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Last action: Chaptered by Secretary of State. Chapter 975, Statutes of 2026. (2026-09-30)Alert me
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| Sep. 30, 2026 | Chaptered by Secretary of State. Chapter 975, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Sep. 08, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 30, 2026 | Assembly amendments concurred in. (Ayes 28. Noes 10.) Ordered to engrossing and enrolling. |
| Aug. 28, 2026 | From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 1.) |
Latest bill textChaptered version, September 30, 2026 · 42,908 words
Senate Bill No. 685
CHAPTER 975
An act to amend Sections 33050, 44237, 44415, 48645.5, 48853, 48853.5, 48854, 48856, 48911.5, 48986, 49001, 51225.2, 52052, 56001, 56028, 56034, 56035, 56040.6, 56042, 56101, 56124, 56157, 56168, 56170, 56195.8, 56205, 56325, 56326.5, 56342.1, 56345, 56361, 56361.5, 56365, 56366, 56366.1, 56366.4, 56366.45, 56366.5, 56366.6, 56366.8, 56366.9, 56366.10, 56366.11, 56366.12, 56383, 56430, 56441.8, 56505, 56505.2, 56521.2, 56836.20, 56836.21, 56847, 56856, and 56857 of, to amend the heading of Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 of Division 4 of Title 2 of, to add Section 56359 to, and to repeal and add Section 56366.2 of, the Education Code, and to amend Sections 7575 and 7579 of the Government Code, relating to special education.
[ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 685, Cortese. Special education: nonpublic schools and agencies.
(1) 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. Existing law defines “nonpublic, nonsectarian school” and “nonpublic, nonsectarian agency” for these purposes. 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, including that the school or agency file an application with specified information. Existing law requires the Superintendent, before certification of a nonpublic, nonsectarian school or agency, to conduct an onsite review of the facility and program for which the applicant seeks certification and authorizes the Superintendent to verify that the school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, and employee of the school or agency. Existing law requires the Superintendent to monitor the facilities, educational environment, and quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle, as provided.
Existing law requires the master contract for nonpublic, nonsectarian school or agency services to include, among other things, an individual service agreement for each pupil placed by a local educational agency. Existing law requires 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 the contract. Existing law requires a master contract for nonpublic, nonsectarian school or agency services to be developed in accordance with specified provisions, including, among others, that the master contract specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the school or agency and the local educational agency to provide the special education and designated instruction services.
Existing law requires a certified nonpublic school or agency to provide written notification to the State Department of Education 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 bill would eliminate the requirement that nonpublic schools or agencies that enter into contracts for the provision of special education services be nonsectarian. The bill would (A) exclude from the above-described tuition or fees the amount attributable to the provision of religious instruction, which the bill would define for these purposes, (B) prohibit public funds paid pursuant to those contracts from being used to pay for religious instruction at a nonpublic school or agency, (C) prohibit a nonpublic school or agency from providing religious instruction to pupils placed by a local educational agency, as provided, (D) require an applicant seeking an initial or renewal certification to certify, under penalty of perjury, that all educational services provided to pupils placed by a local educational agency under a master contract with a local educational agency are secular, neutral, and respectful regarding religion and religious view, as provided, and (E) notwithstanding any other law, prohibit a nonpublic school or agency, in performing services under a master contract, individual service agreement, or individualized education program, from subjecting any person to discrimination on the basis of specified protected characteristics. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a master contract and individual services agreement for nonpublic school or agency services to contain provisions requiring compliance with those 5 described provisions.
The bill would require the above-described application for a nonpublic school seeking certification from the Superintendent to include (A) an assurance that the nonpublic school has requested from the Commission on Teacher Credentialing a list of all credentialholders who have had final adverse action taken against their credential, (B) commencing July 1, 2027, documentation that specified staff and administrators have obtained fingerprint clearance with the commission, as provided, (C) commencing January 1, 2028, a list of staff providing instruction and services to pupils in the state and copies of their credentials, as specified, and (D) affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries and subsequent arrest notifications required of all nonpublic school personnel, including contractors, having contact with minor children. The bill would require, instead of authorize, the Superintendent to verify that a nonpublic school or agency seeking certification has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, employee, and contractor of the nonpublic school or agency, as applicable. The bill would require the Superintendent, as part of monitoring the quality of the educational program of an existing certified nonpublic school, to also monitor the criminal background checks required for employment and pupils’ receipt of any mandated instruction required for all pupils of local educational agencies, as specified. The bill would require the Superintendent, as part of monitoring an existing certified nonpublic agency, to instead monitor the agency for compliance with applicable statutory and regulatory requirements.
The bill would require the department to (A) require each person employed by a nonpublic school interacting with a California pupil to undergo a fingerprint-based state and national criminal history background check, (B) submit those fingerprints, and (C) request subsequent arrest records, as specified.
The bill would require a certified nonpublic school to additionally provide written notification to the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school resulting in, among other things, a serious injury to a pupil, as specified, or instances of reportable conduct, as defined. The bill would require a nonpublic school employing a person with a credential to report any change in employment status of the credentialholder to the commission within 30 days if the change in status is a result of an allegation of misconduct, as specified.
The bill would also make conforming changes.
(2) Existing law authorizes the Superintendent to revoke or suspend the certification of a nonpublic, nonsectarian school or agency for specified reasons, including, among other reasons, failure to notify the department in writing within 45 days of certain occurrences, including changes in staff or facilities, failure to notify the Superintendent in writing within 10 days of revocation or suspension of a license or permit, and failure to notify the Superintendent in writing within 10 days of the death of a pupil.
This bill would, among other things, require, instead of authorize, the suspension or revocation of the certification of a nonpublic school or agency for any of those specified reasons, and would revise the above-described notification timelines, as specified.
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, existing law authorizes the department to immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency.
This bill would require, instead of authorize, the department to take the above-described action.
(3) Existing law authorizes the governing board of a school district or a county board of education to request the State Board of Education to waive all or part of specified education laws or regulations adopted by the state board, as provided, with exceptions. Existing law requires the state board to approve any and all requests for waivers except in those cases where the state board specifically finds, among other things, that the educational needs of the pupils are not adequately addressed.
This bill would prohibit the state board from waiving all or part of any laws relating to special education pursuant to the above-described provisions.
Existing law authorizes a public agency, as defined, to request the state board to grant a waiver of any provision of education laws or regulations adopted pursuant to those provisions if the waiver (A) is necessary or beneficial to the content and implementation of a pupil’s individualized education program and (B) does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians, or affect the compliance of a local educational agency with specified federal regulations. Existing law authorizes the state board to grant, in whole or in part, any of those requests when the facts indicate that a failure to do so would hinder implementation of a pupil’s individualized education program or compliance by a local educational agency with specified federal mandates.
This bill would prohibit a waiver submitted by a public agency on or after January 1, 2027, that is related to the placement of a pupil other than at a local educational agency to waive specified requirements from being approved unless it includes, among other things, a description of how the public agency requesting the waiver will oversee and evaluate the pupil’s placement and that certain requirements are met, as provided.
(4) Existing law requires the Commission on Teacher Credentialing to establish standards and procedures for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential which is required to be identical to that made available to public schools in the state.
This bill would require the commission to also make available the above-described listing to the State Department of Education. The bill would require the department to request notice from the commission regarding the list, monitor the status of the credentialholders at nonpublic schools, and confirm that a credentialholder has been removed from contact with California pupils when a credentialholder has their credential suspended or revoked, and would impose the same requirements on a local educational agency with respect to each nonpublic school that it has a master contract with, as provided.
(5) This bill would incorporate additional changes to Section 48986 of the Education Code proposed by AB 1943 to be operative only if this bill and AB 1943 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 51225.2 of the Education Code proposed by AB 1659 to be operative only if this bill and AB 1659 are enacted and this bill is enacted last.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 33050 of the Education Code is amended to read:33050.
(a) The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:(1) Chapter 12.5 (commencing with Section 2574) of Part 2 of Division 1 of Title 1.
(2) Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10 of Division 1 of Title 1.
(3) Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1.
(4) Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1.
(5) Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000) of Division 1 of Title 1.
(6) Section 35735.1.
(7) Paragraph (8) of subdivision (a) of Section 37220.
(8) The following provisions of Part 10.5 (commencing with Section 17210) of Division 1 of Title 1:
(A) Chapter 1 (commencing with Section 17210).
(B) Article 1 (commencing with Section 17251) to Article 7 (commencing with Section 17375), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17590, inclusive.
(9) The following provisions of Part 24 (commencing with Section 41000) of Division 3:
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Section 41544.
(D) Sections 41600 to 41863, inclusive.
(E) Sections 41930 to 42850, inclusive.
(10) Sections 44504 and 44505.
(11) Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3.
(12) Part 26 (commencing with Section 46000) of Division 4.
(13) The following provisions of Part 26.8 (commencing with Section 47600) of Division 4:
(A) Subdivision (i) of Section 47632.
(B) Section 47635.
(C) Section 47652.
(D) Article 6 (commencing with Section 47660) of Chapter 6.
(14) Article 1 (commencing with Section 48000) of Chapter 1 of Part 27 of Division 4.
(15) Section 48310.
(16) Section 48359.5.
(17) Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4.
(18) Section 51513.
(19) Section 52163.
(20) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(21) Sections 52165, 52166, and 52178.
(22) Part 30 (commencing with Section 56000) of Division 4. A waiver for this part may only be submitted pursuant to Section 56101.
(23) Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the CAASPP.
(24) Part 38 (commencing with Section 65000) of Division 4.
(b) A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following:
(1) Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2) The exclusive representative’s position regarding the waiver.
(c) A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:
(1) Each joint waiver request shall comply with all of the requirements of this article.
(2) The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.
SEC. 2.
Section 44237 of the Education Code is amended to read:44237.
(a) Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall require each applicant for employment in a position requiring contact with minor pupils to submit two sets of fingerprints prepared for submittal by the employer to the Department of Justice for the purpose of obtaining criminal record summary information from the Department of Justice and the Federal Bureau of Investigation.(b) (1) As used in this section, “employer” means every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level.
(2) As used in this section, “employment” means the act of engaging the services of a person, who will have contact with pupils, to work in a position at a private school at the elementary or high school level on or after September 30, 1997, on a regular, paid full-time basis, regular, paid part-time basis, or paid full-time or part-time seasonal basis.
(3) As used in this section, “applicant” means any person who is seriously being considered for employment by an employer.
(4) This section does not apply to a secondary school pupil working at the school that the pupil attends or a parent or legal guardian working exclusively with their children.
(c) (1) Upon receiving the identification cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice and forward the information to the employer submitting the fingerprints no more than 15 working days after receiving the identification cards. The Department of Justice shall not forward information regarding criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication.
(2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the Department of Justice shall notify the employer submitting the fingerprints that it cannot so ascertain the required information. This notification shall be delivered by telephone or email to the employer submitting the fingerprints. If the employer submitting the fingerprints is notified by the Department of Justice that it cannot ascertain the required information about a person, the employer shall not employ that person until the Department of Justice ascertains that information.
(3) The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation to ascertain whether an applicant for employment has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony. The Department of Justice shall provide written notification to the private school employer only as to whether an applicant for employment has any convictions, or arrests pending final adjudication, for any of these crimes.
(d) An employer shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section.
(e) (1) An employer shall not employ a person who has been convicted of a violent or serious felony or a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of the person’s conviction for any crime.
(2) A person who would be prohibited from employment by a private school pursuant to paragraph (1) shall not, on or after July 1, 1999, own or operate a private school offering instruction on the elementary or high school level.
(f) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(g) This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony.
(h) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(i) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(j) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the person has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the county in which the person is a resident.
(k) The commission shall make available to each private school and the department a listing of all credentialholders who have had final adverse action taken against their credential. The information shall be identical to that made available to public schools in the state. The commission shall also send on a quarterly basis a complete and updated list of all teachers who have had their teaching credentials revoked or suspended, excluding teachers who have had their credentials reinstated, or who are deceased.
(l) The Department of Justice may charge a reasonable fee to cover costs associated with the processing, reviewing, and supplying of the criminal record summary as required by this section. The fee shall not exceed the actual costs incurred by the Department of Justice.
(m) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section.
(n) All information obtained from the Department of Justice is confidential. Agencies handling Department of Justice information shall ensure the following:
(1) A recipient shall not disclose its contents or provide copies of information.
(2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records.
(3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.
SEC. 3.
Section 44415 of the Education Code is amended to read:44415.
(a) (1) For the 2018–19 fiscal year, the sum of seventy-five million dollars ($75,000,000) is hereby appropriated from the General Fund to the commission to establish the Teacher Residency Grant Program. This funding shall be available for encumbrance until June 30, 2023.(2) Of the amount appropriated in paragraph (1), fifty million dollars ($50,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of special education teachers.
(3) Of the amount appropriated in paragraph (1), twenty-five million dollars ($25,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of bilingual education, science, technology, engineering, or mathematics teachers.
(b) (1) The commission shall make one-time grants to grant applicants to establish new or expand existing teacher residency programs. Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(2) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority.
(E) A nonpublic, nonsectarian school, as defined in Section 56034, as that section read on June 27, 2018.
(c) Grants allocated pursuant to subdivision (b) shall be up to twenty thousand dollars ($20,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient on a dollar-for-dollar basis. Grant program funding shall be used for, but is not limited to, any of the following: teacher preparation costs, stipends for mentor teachers, stipends for teacher candidates, and mentoring and beginning teacher induction costs following initial preparation.
(d) A grant recipient shall not use more than 5 percent of a grant award for program administration costs.
(e) A grant recipient shall provide a 100-percent match of grant funding in the form of one or both of the following:
(1) One dollar ($1) for every one dollar ($1) of grant funding received that is to be used in a manner consistent with allowable grant activities pursuant to subdivision (c).
(2) An in-kind match of mentor teacher personnel costs or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient.
(f) For purposes of this section, the following terms have the following meanings:
(1) “Teacher residency program” is a grant applicant-based program that partners with one or more teacher preparation programs accredited by the commission and in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework.
(2) An “experienced mentor teacher” for purposes of the Teacher Residency Grant Program is an educator who meets all of the following requirements:
(A) Has at least three years of teaching experience and a clear credential authorizing instruction of special education, or bilingual education, science, technology, engineering, or mathematics pupils, in the subject in which the experienced mentor teacher will be mentoring.
(B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors.
(D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program.
(g) Grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a preliminary teaching credential that will authorize the candidate to teach special education, or bilingual education, science, technology, engineering, or mathematics upon completion of the program.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Teaching the content area or areas in which the teacher will become certified to teach.
(B) Planning, curriculum development, and assessment.
(C) Learning and child development.
(D) Management of the classroom environment.
(E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities.
(F) Professional responsibilities, including interaction with families and colleagues.
(3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching.
(4) Prepare candidates to teach at the same grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient.
(5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and place candidates in teaching schools or professional development programs that are organized to support a high-quality teacher learning experience in a supportive work environment.
(h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(i) When selecting grant recipients, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for special education, or bilingual education, science, technology, engineering, or mathematics, teachers and to propose to establish a new, or expand an existing, teacher residency program that recruits, prepares, and supports teachers to teach special education, or bilingual education, science, technology, engineering, or mathematics, in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants with one or more schools that exhibit one or more of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free and reduced-price meals.
(B) A school where at least 5 percent of the teachers are misassigned, as determined by the commission, or working on a short-term staffing permit, a provisional intern permit, or a waiver.
(C) A school that is located in either a rural location or a densely populated region.
(D) A school with a cumulative voluntary teacher attrition rate that exceeded 20 percent over the three preceding school years.
(j) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (b) shall agree in writing to either (1) work as an education specialist serving a caseload of pupils who receive special education services in a special education setting or (2) be placed in a bilingual education, science, technology, engineering, or mathematics assignment, in a school within the grant recipient that sponsored the candidate for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential. A candidate who fails to earn a preliminary credential or complete the period of the placement shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. A candidate shall have eight school years to complete the four-school-year teaching commitment.
(k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled the candidate’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the next succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(l) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (q).
(m) For purposes of administering the grant program pursuant to subdivision (b), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet the candidate’s commitment pursuant to subdivision (j).
(n) (1) If the commission is informed that more than 10 percent of a grant recipient’s sponsored candidates failed to earn a preliminary credential or meet the sponsored candidate’s commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a preliminary credential or meet their teaching commitment above a 10-percent attrition rate.
(2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California.
(3) A candidate who obtains a waiver pursuant to subdivision (l) shall not count toward the 10-percent attrition rate.
(o) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (n), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or a program operated by a joint powers authority that does not receive principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(p) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (o) shall be deposited into the Proposition 98 Reversion Account.
(q) (1) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California.
(2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials.
(r) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program.
(s) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a), the commission may allocate up to one million five hundred thousand dollars ($1,500,000) of the amount appropriated pursuant to subdivision (a) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, described in subparagraphs (A) to (D), inclusive, of paragraph (2) of subdivision (b), partnering with institutions of higher education to expand or create teacher residency programs that lead to more credentialed special education, or bilingual education, science, technology, engineering, or mathematics, teachers.
(2) (A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable grants.
(B) Individual capacity grants shall not exceed seventy-five thousand dollars ($75,000) per grant recipient.
(t) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year.
SEC. 4.
Section 48645.5 of the Education Code is amended to read:48645.5.
(a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic school or agency, as defined in Sections 56034 and 56035, pursuant to an individualized education program. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of the pupil’s school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that the pupil has had contact with the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school.
(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school.
(d) (1) If a pupil transfers into a juvenile court school any time after the completion of the pupil’s second year of high school and completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, and the pupil is in their third or fourth year of high school, the county office of education shall exempt the pupil from all coursework or other requirements of the county office of education that are in addition to the statewide coursework specified in Section 51225.3, unless the county office of education makes a finding that the pupil is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(2) To determine whether a juvenile court school pupil is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupil’s school enrollment, or, for pupils with significant gaps in school attendance, the pupil’s age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption.
(3) Within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, the county office of education shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption. If the county office of education fails to provide timely notice pursuant to this section, the pupil shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4) The county office of education shall comply with all of the requirements of Section 48645.7.
(e) If a juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupil’s fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, the county office of education shall not require or request that the pupil graduate before the end of the pupil’s fourth year of high school.
(f) For purposes of this section, “local graduation requirements” means the coursework and other requirements for high school graduation adopted by the county board of education.
SEC. 5.
Section 48853 of the Education Code is amended to read:48853.
(a) A pupil described in subdivision (a) of Section 48853.5 who is placed in a licensed children’s institution or foster family home as defined in Section 56155.5, shall attend programs operated by the local educational agency, unless one of the following applies:(1) The pupil is entitled to remain in the pupil’s school of origin pursuant to paragraph (1) of subdivision (f) of Section 48853.5.
(2) The pupil has an individualized education program requiring placement in a nonpublic school, as defined in Section 56034, or in another local educational agency.
(3) The parent or guardian, or other person holding the right to make educational decisions for the pupil pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055, determines that it is in the best interests of the pupil to be placed in another educational program, in which case the parent or guardian or other person holding the right to make educational decisions for the pupil shall provide a written statement that they have made that determination to the local educational agency. This statement shall include a declaration that the parent, guardian, or other person holding the right to make educational decisions for the pupil is aware of all of the following:
(A) The pupil has a right to attend a regular public school in the least restrictive environment.
(B) The alternate education program is a special education program, if applicable.
(C) The decision to unilaterally remove the pupil from the regular public school and to place the pupil in an alternate education program may not be financed by the local educational agency.
(D) Any attempt to seek reimbursement for the alternate education program may be at the expense of the parent, guardian, or other person holding the right to make educational decisions for the pupil.
(b) For purposes of ensuring a parent, guardian, or other person holding the right to make educational decisions for the pupil is aware of the information described in subparagraphs (A) to (D), inclusive, of paragraph (3) of subdivision (a), the local educational agency may provide that information in writing.
(c) Before any decision is made to place a pupil in a juvenile court school as defined by Section 48645.1, a community school as described in Sections 1981 and 48660, or other alternative educational setting, the parent or guardian, or person holding the right to make educational decisions for the pupil pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055, shall first consider placement in the regular public school.
(d) If any dispute arises as to the school placement of a pupil subject to this section, the pupil has the right to remain in the pupil’s school of origin, as defined in subdivision (g) of Section 48853.5, pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to any pupil served by the local educational agency.
(e) This section does not supersede other laws that govern pupil expulsion.
(f) This section does not supersede any other law governing the educational placement in a juvenile court school, as defined by Section 48645.1, of a pupil detained in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility.
(g) (1) Foster children living in emergency shelters, as referenced in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), may receive educational services at the emergency shelter as necessary for short periods of time for either of the following reasons:
(A) For health and safety emergencies.
(B) To provide temporary, special, and supplementary services to meet the child’s unique needs if a decision regarding whether it is in the child’s best interests to attend the school of origin cannot be made promptly, it is not practical to transport the child to the school of origin, and the child would otherwise not receive educational services.
(2) The educational services may be provided at the shelter pending a determination by the person holding the right regarding the educational placement of the child.
(h) All educational and school placement decisions shall be made to ensure that the child is placed in the least restrictive educational programs and has access to academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
(i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 6.
Section 48853.5 of the Education Code is amended to read:48853.5.
(a) This section applies to a foster child. “Foster child” means any of the following:(1) A child who has been removed from their home pursuant to Section 309 of the Welfare and Institutions Code.
(2) A child who is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, whether or not the child has been removed from their home.
(3) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
(4) A child who is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400 of the Welfare and Institutions Code.
(b) The department, in consultation with the California Foster Youth Education Task Force, shall develop a standardized notice of the educational rights of foster children, as specified in Sections 48850 to this section, inclusive, and Sections 48911, 48915.5, 49069.5, 49076, 51225.1, and 51225.2. The notice shall include complaint process information, as applicable. The department shall make the notice available to educational liaisons for foster children for dissemination by posting the notice on its internet website. Any version of this notice prepared for use by foster children shall also include, to the greatest extent practicable, the rights established pursuant to Section 16001.9 of the Welfare and Institutions Code. In developing the notice that includes the rights in Section 16001.9 of the Welfare and Institutions Code, the department shall consult with the Office of the State Foster Care Ombudsperson.
(c) Each local educational agency shall designate a staff person as the educational liaison for foster children. In a school district that operates a foster children services program pursuant to Chapter 11.3 (commencing with Section 42920) of Part 24 of Division 3, the educational liaison shall be affiliated with the local foster children services program. The educational liaison shall do both of the following:
(1) Ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to another school or from one school district to another school district in ensuring proper transfer of credits, records, and grades.
(d) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s, as defined in Section 224.1 of the Welfare and Institutions Code, tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(e) This section does not grant authority to the educational liaison that supersedes the authority granted under state and federal law to a parent or legal guardian retaining educational rights, a responsible adult appointed by the court to represent the child pursuant to Section 361 or 726 of the Welfare and Institutions Code, a surrogate parent, or a foster parent exercising the authority granted under Section 56055. The role of the educational liaison is advisory with respect to placement decisions and determination of the school of origin.
(f) (1) At the initial detention or placement, or any subsequent change in placement of a foster child, the local educational agency serving the foster child shall allow the foster child to continue the foster child’s education in the school of origin for the duration of the jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end of an academic year, the local educational agency shall allow a former foster child who is in kindergarten or any of grades 1 to 8, inclusive, to continue the former foster child’s education in the school of origin through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a foster child is in high school, the local educational agency shall allow the former foster child to continue the former foster child’s education in the school of origin through graduation.
(B) For purposes of this paragraph, a school district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in the former foster child’s school of origin pursuant to this paragraph, unless the individualized education program team determines that transportation is a necessary related service.
(4) To ensure that the foster child has the benefit of matriculating with the foster child’s peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district.
(5) (A) Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with Section 6312(c)(5) of Title 20 of the United States Code, or unless otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district.
(B) In accordance with Section 6312(c)(5) of Title 20 of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop and implement clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth.
(6) The educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, may recommend, in accordance with the foster child’s best interests, that the foster child’s right to attend the school of origin be waived and the foster child be enrolled in a public school that pupils living in the attendance area in which the foster child resides are eligible to attend.
(7) Before making a recommendation to move a foster child from the foster child’s school of origin, the educational liaison shall provide the foster child and the person holding the right to make educational decisions for the foster child with a written explanation stating the basis for the recommendation and how the recommendation serves the foster child’s best interests.
(8) (A) If the educational liaison, in consultation with the foster child and the person holding the right to make educational decisions for the foster child, agrees that the best interests of the foster child would best be served by the foster child’s transfer to a school other than the school of origin, the foster child shall immediately be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even if the foster child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.
(C) Within two business days of the foster child’s request for enrollment, the educational liaison for the new school shall contact the school last attended by the foster child to obtain all academic and other records. The last school attended by the foster child shall provide all required records to the new school regardless of any outstanding fees, fines, textbooks, or other items or moneys owed to the school last attended. The educational liaison for the school last attended shall provide all records to the new school within two business days of receiving the request.
(9) If a dispute arises regarding the request of a foster child to remain in the school of origin, the foster child has the right to remain in the school of origin pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to a pupil served by the local educational agency.
(10) The local educational agency and the county placing agency are encouraged to collaborate to ensure maximum use of available federal moneys, explore public-private partnerships, and access any other funding sources to promote the well-being of foster children through educational stability.
(11) (A) If a local educational agency operates an intersession program, the local educational agency shall grant priority access to a foster child.
(B) Notwithstanding any other law, if the foster child will be moving during an intersession period, the pupil’s educational rights holder, or Indian custodian in the case of an Indian child, shall determine which school the pupil attends for the intersession period, if applicable.
(12) It is the intent of the Legislature that this subdivision shall not supersede or exceed other laws governing special education services for eligible foster children.
(g) For purposes of this section, the following definitions shall apply:
(1) “Indian custodian” as it is defined in Section 1903 of Title 25 of the United States Code.
(2) (A) “Intersession program” means an expanded learning program offered by a local educational agency on nonschooldays, including, but not limited to, summer school.
(B) An intersession program does not include an extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations.
(3) (A) “School of origin” means the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled. If the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school that the foster child attended with which the foster child is connected and that the foster child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, shall determine, in the best interests of the foster child, the school that shall be deemed the school of origin.
(B) For a foster child who is an individual with exceptional needs as defined in Section 56026, “school” as used in the definition of “school of origin” in subparagraph (A) includes a placement in a nonpublic school, as defined in Section 56034, subject to the requirements of Section 56325.
(h) This section does not supersede other law governing the educational placements in juvenile court schools, as described in Section 48645.1, by the juvenile court under Section 602 of the Welfare and Institutions Code.
(i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 7.
Section 48854 of the Education Code is amended to read:48854.
A licensed children’s institution or nonpublic school or agency, as defined in Sections 56034 and 56035, may not require as a condition of placement or a provision of services that educational authority for a child, as defined in Section 48859, be designated to that institution, school, or agency.SEC. 8.
Section 48856 of the Education Code is amended to read:48856.
A local educational agency shall invite at least one noneducational agency representative that has placement responsibility for a pupil residing in a licensed children’s institution to collaborate with the local educational agency in the monitoring of a placement in a nonpublic school, as defined in Section 56034, or a provision of services by a nonpublic agency, as defined in Section 56035.SEC. 9.
Section 48911.5 of the Education Code is amended to read:48911.5.
The site principal of a contracting nonpublic school, as defined in Section 56034, providing services to individuals with exceptional needs under Sections 56365 and 56366, shall have the same duties and responsibilities with respect to the suspension of pupils with previously identified exceptional needs prescribed for the suspension of pupils under Section 48911.SEC. 10.
Section 48986 of the Education Code is amended to read:48986.
(a) (1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code.(2) The notice shall be provided annually at the beginning of the first semester or quarter of the regular school term.
(3) The notice shall be informed by the most updated model language developed pursuant to subdivision (c).
(b) (1) The notice described in subdivision (a) shall be made using any of the methods described in Section 48981 that apply and may be provided as a single notice for multiple pupils living in the same household.
(2) A school district shall provide the notice as part of the annual notification required pursuant to Section 48980.
(c) (1) On or before July 1, 2023, the department shall develop, in consultation with the Department of Justice, model language for the notice described in subdivision (a).
(2) On or before July 1, 2024, and each July 1 thereafter, the department shall update as necessary for any change in the law, in consultation with the Department of Justice, the model language developed pursuant to paragraph (1).
(3) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners:
(A) With all local educational agencies for the purposes described in subdivision (a).
(B) Upon request, with any private school for distribution or potential distribution by the private school.
(d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice if the entity provided the notice using the model language provided to it by the department.
(e) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Nonpublic school” has the same meaning as defined in Section 56034.
(3) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state.
(4) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic schools.
(f) (1) If a local educational agency provides a notice required by Section 49392, the local educational agency shall be deemed to have complied with the requirements of subdivisions (a) and (b), as applicable.
(2) If the department develops model language pursuant to Section 49391, the department shall be deemed to have complied with the requirements of subdivision (c).
(3) This subdivision shall only become operative if Senate Bill 906 of the 2021–22 Regular Session is enacted and becomes effective on or before January 1, 2023, and adds Sections 49391 and 49392 to the Education Code.
SEC. 10.5.
Section 48986 of the Education Code is amended to read:48986.
(a) (1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of the importance of practicing secure firearm storage in all homes in which firearms are present. The notice shall be titled “Secure Firearm Storage Notification” and shall contain all of the following information:(A) A description of the risks of children accessing unsecured firearms in the home.
(B) Information and resources about the importance of secure firearm storage for preventing youth firearm suicide and preventing children and teens from accessing guns and bringing them to school.
(C) A plain language summary of California’s child access prevention laws and laws relating to the secure storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code. The summary of the laws shall begin with the preventative requirement in subdivision (a) of Section 25145 of the Penal Code.
(D) The internet website address for the Department of Justice’s Roster of Firearm Safety Devices Certified for Sale.
(2) The notice shall be provided annually in writing at the beginning of the first semester or quarter of the regular school term.
(3) The notice shall be informed by the most updated model language developed pursuant to subdivision (c).
(b) (1) The notice described in subdivision (a) shall be made using any of the methods described in Section 48981 that apply and may be provided as a single notice for multiple pupils living in the same household.
(2) A school district shall provide the notice as part of the annual notification required pursuant to Section 48980.
(3) Local educational agencies are encouraged to share the information contained within the notice with school communities through multiple easily accessible mediums, including internet-based communications, including, but not limited to, the local educational agency’s internet website, any social media accounts used by the local educational agency, and through other digital and nondigital communications.
(c) (1) On or before July 1, 2027, the department shall develop, in consultation with the Department of Justice, model language for the notice described in subdivision (a).
(2) On or before July 1, 2028, and each July 1 thereafter, the department shall update as necessary for any change in the law or Uniform Resource Locators (URLs), in consultation with the Department of Justice, the model language developed for the notice described in subdivision (a) pursuant to paragraph (1).
(3) Commencing July 1, 2027, the department shall post the model language for the notice developed and updated pursuant to paragraphs (1) and (2) on its internet website.
(4) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners:
(A) Annually with all local educational agencies for the purposes described in subdivision (a).
(B) Upon request, with any private school for distribution or potential distribution by the private school.
(5) On or before July 1, 2027, the department shall also provide formatting and content options for local educational agencies to post the notice described in subdivision (a) on their respective internet websites and for posting other relevant information and resources about secure firearm storage using other internet-based communication options, including, but not limited to, social media.
(d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice if the entity provided the notice using the model language provided to it by the department.
(e) The department shall encourage each local educational agency to adopt a policy and practice of providing the Secure Firearm Storage Notification to parents, guardians, and caregivers when otherwise providing notice to parents, guardians, or caregivers of disciplinary actions or supports given related to threats against other pupils or threats of self-harm.
(f) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school.
(2) “Nonpublic school” has the same meaning as defined in Section 56034.
(3) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state.
(4) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic schools.
SEC. 11.
Section 49001 of the Education Code is amended to read:49001.
(a) For the purposes of this section, “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.(b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted, corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable.
(c) For purposes of this section, the following definitions apply:
(1) “Public school” includes a school operated by a school district or a county office of education, a charter school, a nonpublic school, and a state special school for the blind or the deaf.
(2) “Nonpublic school” has the same meaning as defined in Section 56034.
SEC. 12.
Section 51225.2 of the Education Code is amended to read:51225.2.
(a) For purposes of this section, the following definitions apply:(1) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2) “Local educational agency” means a school district, county office of education, or charter school.
(3) “Newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code.
(4) “Nonpublic school” has the same meaning as defined in Section 56034.
(5) “Partial coursework satisfactorily completed” includes any portion of an individual course, even if the pupil did not complete the entire course.
(6) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5.
(7) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” under Section 49701.
(8) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code.
(9) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” under subdivision (a) of Section 54441.
(b) (1) Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic school.
(2) The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A) All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic school.
(B) The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C) A complete record of the pupil’s seat time, including both period attendance and days of enrollment.
(3) The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4) If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5) For purposes of coursework completed by a pupil who is a child of a military family, “public school” includes schools operated by the United States Department of Defense.
(c) (1) The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic school.
(2) For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d) A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 12.5.
Section 51225.2 of the Education Code is amended to read:51225.2.
(a) For purposes of this section, the following definitions apply:(1) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(2) “Local educational agency” means a school district, county office of education, or charter school.
(3) “Newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code.
(4) “Nonpublic school” has the same meaning as defined in Section 56034.
(5) “Partial coursework satisfactorily completed” includes any portion of an individual course, even if the pupil did not complete the entire course.
(6) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5.
(7) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” under Section 49701.
(8) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code.
(9) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” under subdivision (a) of Section 54441.
(b) (1) Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic school.
(2) The transferring local educational agency shall, pursuant to subdivisions (d) and (e) of Section 49069.5, issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A) All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic school.
(B) The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C) A complete record of the pupil’s seat time, including both period attendance and days of enrollment.
(3) The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4) If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5) For purposes of coursework completed by a pupil who is a child of a military family, “public school” includes schools operated by the United States Department of Defense.
(c) (1) The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic school.
(2) For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d) A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.
(f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
SEC. 13.
Section 52052 of the Education Code is amended to read:52052.
(a) (1) The single multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52059.5) shall measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education.(2) For purposes of this section, numerically significant pupil subgroups include all of the following:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners and, separately, long-term English learners, defined as a pupil who has not attained English language proficiency within seven years of initial classification as an English learner.
(D) Pupils with disabilities.
(E) Foster youth.
(F) Homeless youth.
(3) (A) For purposes of this section, a numerically significant pupil subgroup is one that consists of at least 30 pupils.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who are foster youth, homeless youth, or long-term English learners, a numerically significant pupil subgroup is one that consists of at least 15 pupils.
(b) To complement the multiple measures system, the Superintendent, with the approval of the state board, may develop and implement a program of school quality review that features locally convened panels to visit schools, observe teachers, interview pupils, and examine pupil work.
(c) The Superintendent shall annually provide to local educational agencies and the public a transparent and understandable explanation of the individual components of the multiple measures system.
(d) For purposes of the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5), or any successor system, alternative schools include schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, nonpublic schools pursuant to Section 56366, and alternative schools serving high-risk pupils, including continuation high schools, dropout recovery high schools, and opportunity schools.
(e) For purposes of this section, the following terms shall have the following meanings:
(1) “Dropout recovery high school” means a school offering instruction in any of grades 9 to 12, inclusive, in which 50 percent or more of its pupils are either designated as dropouts pursuant to the exit and withdrawal codes developed by the department or left a school and were not otherwise enrolled in a school for a period of at least 180 days and the school provides instruction in partnership with any of the following:
(A) The federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(B) Federally affiliated Youthbuild programs (29 U.S.C. Sec. 3226 et seq.).
(C) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(D) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Section 14406 or 14507.5 of the Public Resources Code.
(2) “Homeless youth” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code.
(f) For any program identified in law that utilized a calculation pursuant to the former Academic Performance Index established pursuant to this section, as this section read on January 1, 2018, the 2013 growth calculation shall be applied for those purposes. For purposes of paragraphs (1) to (3), inclusive, of subdivision (b) of Section 47607, alternative measures that show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups shall be used.
SEC. 14.
Section 56001 of the Education Code is amended to read:56001.
It is the intent of the Legislature that special education programs provide all of the following:(a) Each individual with exceptional needs is assured an education appropriate to their needs in publicly supported programs through the completion of their prescribed course of study or until the time that they have met proficiency standards prescribed.
(b) Early educational opportunities shall be available to all children between the ages of three and five years who require special education and services.
(c) Early educational opportunities shall be made available to children younger than three years of age pursuant to Chapter 4.4 (commencing with Section 56425), appropriate sections of this part, and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code).
(d) Any child younger than three years of age, potentially eligible for special education, shall be afforded the protections provided pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and Section 1439 of Title 20 of the United States Code and implementing regulations.
(e) Each individual with exceptional needs shall have their educational goals, objectives, and special education and related services specified in a written individualized education program.
(f) Education programs are provided under an approved local plan for special education that sets forth the elements of the programs in accordance with this part. This plan for special education shall be developed cooperatively with input from the community advisory committee and appropriate representation from special and regular teachers and administrators selected by the groups they represent to ensure effective participation and communication.
(g) Individuals with exceptional needs are offered special assistance programs that promote maximum interaction with the general school population in a manner that is appropriate to the needs of both, taking into consideration, for hard-of-hearing or deaf children, the individual’s needs for a sufficient number of age and language mode peers and for special education teachers who are proficient in the individual’s primary language mode.
(h) Pupils are transferred out of special education programs when special education services are no longer needed.
(i) The unnecessary use of labels is avoided in providing special education and related services for individuals with exceptional needs.
(j) Procedures and materials for assessment and placement of individuals with exceptional needs shall be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument shall be the sole criterion for determining the placement of a pupil. The procedures and materials for assessment and placement shall be in the individual’s mode of communication. Procedures and materials for use with pupils of limited-English proficiency, as defined in subdivision (m) of Section 52163 and in paragraph (18) of Section 1401 of Title 20 of the United States Code, shall be in the individual’s native language, as defined in paragraph (20) of Section 1401 of Title 20 of the United States Code. All assessment materials and procedures shall be selected and administered pursuant to Section 56320.
(k) Educational programs are coordinated with other public and private agencies, including preschools, child development programs, nonpublic schools, regional occupational centers and programs, and postsecondary and adult programs for individuals with exceptional needs.
(l) Psychological and health services for individuals with exceptional needs shall be available to each schoolsite.
(m) Continuous evaluation of the effectiveness of these special education programs by the local educational agencies shall be made to ensure the highest quality educational offerings.
(n) Appropriate qualified staff are employed, consistent with credentialing requirements, to fulfill the responsibilities of the local plan and positive efforts are made to employ qualified disabled individuals.
(o) Regular and special education personnel are adequately prepared to provide educational instruction and services to individuals with exceptional needs.
SEC. 15.
Section 56028 of the Education Code is amended to read:56028.
(a) “Parent” means any of the following:(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code.
(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare.
(5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4, Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c) “Parent” does not include the state or any political subdivision of government.
(d) “Parent” does not include a nonpublic school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
SEC. 16.
Section 56034 of the Education Code is amended to read:56034.
“Nonpublic school” means a private school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic school also shall meet standards prescribed by the Superintendent and the state board.SEC. 17.
Section 56035 of the Education Code is amended to read:56035.
“Nonpublic agency” means a private establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic agency shall also meet standards prescribed by the Superintendent and the state board.SEC. 18.
Section 56040.6 of the Education Code is amended to read:56040.6.
(a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a local educational agency shall consider all of the following with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345:(1) The legislative findings and declarations in subdivision (b) of Section 56000.5.
(2) Section 300.114(a)(2)(ii) of Title 34 of the Code of Federal Regulations, which requires each public agency to ensure that special classes, separate schooling, or other removal of pupils with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(3) Section 300.324(a)(2)(iv) of Title 34 of the Code of Federal Regulations, and paragraph (4) of subdivision (b) of Section 56341.1, which requires an individualized family service plan and individualized education program teams in the case of a pupil who is deaf, hard of hearing, or deaf-blind, to consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode.
(4) Section 300.324(a)(2)(iii) of Title 34 of the Code of Federal Regulations, which requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil.
(5) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil.
(6) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that the decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs.
(7) Subdivision (c) of Section 56341.1, which requires an individualized education program team to, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program.
(8) The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals and experts from nonprofit organizations serving deaf and hard of hearing individuals.
(9) The importance of actively involving and respecting the input and choices of the parents or guardians of pupils, by including all of the following:
(A) Considering a pupil’s language development as specified in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345.
(B) Considering a pupil’s academic progress.
(C) Considering a parent’s or guardian’s knowledge and understanding of their child’s unique needs, including their insights into the child’s language and communication preferences.
(D) Facilitating meaningful participation of a parent or guardian in all team meetings and decisionmaking processes, ensuring their choices are documented and considered in the development and review of the individualized family service plan or the individualized education program.
(b) When an individualized family service plan or individualized education program team is determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, the individualized family service plan and individualized education program team shall do both of the following:
(1) Consider the language needs, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345, of the pupil, including the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode consistent with, but not limited to, the requirements of Section 56341.1 and the findings and declarations in Section 56000.5.
(2) Consider reviewing placements and services available to the pupil, including those provided by a school district, a county office of education, a regional program, a nonpublic school or an agency certified by the state, and the California School for the Deaf.
(c) The department shall, on or before July 1, 2025, communicate the requirements of this section to all local educational agencies and charter schools, as well as notify nonpublic schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind regarding this section.
(d) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
(e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 19.
Section 56042 of the Education Code is amended to read:56042.
Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic school with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit.SEC. 20.
Section 56101 of the Education Code is amended to read:56101.
(a) A public agency, as defined in Section 56028.5, may request the state board to grant a waiver of any provision of this code or regulations adopted pursuant to that provision if the waiver is necessary or beneficial to the content and implementation of a pupil’s individualized education program and does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or affect the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and federal regulations relating thereto.(b) The state board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil’s individualized education program or compliance by a local educational agency with federal mandates for a free appropriate public education for children or youth with disabilities.
(c) (1) A waiver submitted on or after January 1, 2027, by a public agency pursuant to this section that is related to the placement of a pupil other than at a local educational agency to waive any requirements in Section 56365, 56366, or 56366.1 shall not be approved unless it includes all of the following:
(A) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupil’s individualized education program and the pupil’s current placement.
(B) The period of time that the waiver will be effective during any one school year.
(C) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.
(D) A description of how the public agency requesting the waiver will oversee and evaluate the pupil’s placement, consistent with subparagraph (B) of paragraph (2) of Section 56366 and paragraph (4) of subdivision (e) of Section 56366.1.
(2) The state board shall not approve a waiver pursuant to this subdivision unless all of the following conditions are met:
(A) The school of placement meets the requirements pursuant to subdivision (m) of Section 56365, paragraphs (2), (3), (6), and (8) of subdivision (a) of Section 56366.1, and subdivision (b) of Section 56366.10.
(B) The funds expended meet the requirements of subdivisions (d), (e), and (f) of Section 56365.
(C) The school of placement provides assurances of compliance with Article 5 (commencing with Section 49000) of, and Article 5.2 (commencing with Section 49005) of, Chapter 6 of Part 27, and Sections 56521.1 and 56521.2.
SEC. 21.
Section 56124 of the Education Code is amended to read:56124.
The Superintendent shall promote innovation and improvement in the field of special education at the public and nonpublic school, district, county, and state levels.SEC. 22.
Section 56157 of the Education Code is amended to read:56157.
(a) In providing appropriate programs to individuals with exceptional needs residing in licensed children’s institutions or foster family homes, the local educational agency shall first consider services in programs operated by public educational agencies for individuals with exceptional needs. If those programs are not appropriate, special education and related services shall be provided by contract with a nonpublic school.(b) (1) An individual with exceptional needs residing in a licensed children’s institution or foster family home shall not be referred to, or placed in, a nonpublic school unless the individual’s individualized education program specifies that the placement is appropriate.
(2) If special education and related services are provided by contract with a nonpublic school, or with a licensed children’s institution under this article, the terms of the contract shall be developed in accordance with Section 56366.
(c) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic school, the local educational agency that made the placement shall conduct an annual evaluation, in accordance with federal law as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupil’s needs.
(d) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic school, the nonpublic school shall report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual’s individualized education program. Pursuant to federal law, a local educational agency shall not refer a pupil to a nonpublic school unless the services required by the individualized education program of the pupil can be ensured.
SEC. 23.
Section 56168 of the Education Code is amended to read:56168.
(a) A public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either within and outside of this state that did not provide special education to individuals with exceptional needs who satisfy the criteria set forth in paragraph (2) of subdivision (c) of Section 56026 pursuant to a waiver granted under Section 56366.2 for the 1994–95 school year, is ineligible for certification as a nonpublic school pursuant to Section 56034 and Sections 56365 to 56366.5, inclusive, to provide special education to individuals with exceptional needs. Districts, special education local plan areas, or county offices shall have until September 1, 1994, to find an appropriate alternative placement for any children currently served in one of these programs.(b) Pursuant to Section 56167, the local educational agency in which the hospital or health facility is located has the educational responsibility for individuals with exceptional needs who reside in these facilities.
(c) A hospital or health facility is eligible for certification as a nonpublic agency pursuant to Section 56035 and Sections 56365 to 56366.5, inclusive, to provide designated instruction and services to individuals with exceptional needs whether the child attends a public or nonpublic school or is enrolled in both a public and nonpublic school program as specified in Section 56361.5.
SEC. 24.
Section 56170 of the Education Code is amended to read:56170.
As used in this part, “private school children with disabilities” means children with disabilities enrolled by a parent in private schools or facilities that meet the definition of “elementary school” in Section 300.13 of Title 34 of the Code of Federal Regulations or “secondary school” in Section 300.36 of Title 34 of the Code of Federal Regulations, in accordance with Section 300.130 of Title 34 of the Code of Federal Regulations, other than individuals with exceptional needs placed by a local educational agency in a nonpublic school pursuant to Section 56365.SEC. 25.
Section 56195.8 of the Education Code is amended to read:56195.8.
(a) Each entity providing special education under this part shall adopt policies for the programs and services it operates, consistent with agreements adopted pursuant to subdivision (b) or (c) of Section 56195.1 or Section 56195.7. The policies need not be submitted to the Superintendent.(b) The policies shall include, but not be limited to, all of the following:
(1) Nonpublic services, including those provided pursuant to Sections 56365 and 56366.
(2) Review, at a general education or special education teacher’s request, of the assignment of an individual with exceptional needs to the individual’s class and a mandatory meeting of the individualized education program team if the review indicates a change in the pupil’s placement, instruction, related services, or any combination thereof. The procedures shall indicate which personnel are responsible for the reviews and a timetable for completion of the review.
(3) Procedural safeguards pursuant to Chapter 5 (commencing with Section 56500).
(4) Resource specialists pursuant to Section 56362.
(5) Transportation, where appropriate, which describes how special education transportation is coordinated with regular home-to-school transportation. The policy shall set forth criteria for meeting the transportation needs of special education pupils. The policy shall include procedures to ensure compatibility between mobile seating devices, when used, and the securement systems required by Federal Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to ensure that schoolbus drivers are trained in the proper installation of mobile seating devices in the securement systems.
(6) Information on the number of individuals with exceptional needs who are being provided special education and related services.
(7) Caseloads pursuant to Chapter 4.45 (commencing with Section 56440). The policies, with respect to caseloads, shall not be developed until guidelines or proposed regulations are issued pursuant to Section 56441.7. The guidelines or proposed regulations shall be considered when developing the caseload policy. A statement of justification shall be attached if the local caseload policy exceeds state guidelines or proposed regulations.
(c) The policies may include, but are not limited to, provisions for involvement of district and county governing board members in any due process hearing procedure activities conducted pursuant to, and consistent with, state and federal law.
SEC. 26.
Section 56205 of the Education Code is amended to read:56205.
(a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following:(1) Free appropriate public education.
(2) Full educational opportunity.
(3) Child find and referral.
(4) Individualized education programs, including development, implementation, review, and revision.
(5) Least restrictive environment.
(6) Procedural safeguards.
(7) Annual and triennial assessments.
(8) Confidentiality.
(9) Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program.
(10) Children in private schools.
(11) Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part.
(12) (A) A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible.
(B) A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan.
(C) Verification that a community advisory committee has been established pursuant to Section 56190.
(D) Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following:
(i) Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan.
(ii) Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following:
(I) The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan.
(II) The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area.
(III) The operation of special education programs.
(IV) Monitoring the appropriate use of federal, state, and local funds allocated for special education programs.
(V) The preparation of program and fiscal reports required of the special education local plan area by the state.
(iii) Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1.
(E) The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2.
(13) Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code.
(14) Performance goals and indicators.
(15) Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments.
(16) Supplementation of state, local, and other federal funds, including nonsupplantation of funds.
(17) Maintenance of financial effort.
(18) Opportunities for public participation before adoption of policies and procedures.
(19) Suspension and expulsion rates.
(20) Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code.
(21) Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code.
(22) Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code.
(b) Each local plan submitted to the Superintendent under this part shall also contain all the following:
(1) An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following:
(A) A description of the special education local plan area’s allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area.
(B) All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572.
(C) A breakdown of the distribution of funds to each local educational agency within the special education local plan area.
(D) A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities.
(E) A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code.
(F) A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code.
(2) An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.
(3) An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122.
(4) A description of programs for early childhood special education from birth through five years of age.
(5) A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a).
(6) A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan.
(7) Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent.
(8) A description of the process being utilized to meet the requirements of Section 56303.
(c) A description of the process being utilized to oversee and evaluate placements in nonpublic schools and the method of ensuring that all requirements of each pupil’s individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress.
(d) The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public.
SEC. 27.
Section 56325 of the Education Code is amended to read:56325.
(a) (1) As required by subclause (I) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from district to district within the state. In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law.(2) In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with federal and state law.
(3) (A) As required by subclause (II) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California. In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law.
(B) (i) For purposes of subparagraph (A), a local educational agency shall, within 30 days of receipt of official or unofficial records, either adopt and implement the individualized education program previously adopted for the pupil or develop, adopt, and implement a new individualized education program for the pupil that is consistent with federal and state law, if applicable.
(ii) For purposes of clause (i), “unofficial records” has the same meaning as described in subdivision (A) of Article IV of the Interstate Compact on Educational Opportunity for Military Children, as specified in Section 49701.
(b) (1) To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual with exceptional needs enrolls shall take reasonable steps to promptly obtain the pupil’s records, including the individualized education program and supporting documents and any other records relating to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled, pursuant to paragraph (2) of subsection (a) of Section 99.31 of Title 34 of the Code of Federal Regulations and consistent with the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable.
(2) The previous school in which the individual with exceptional needs was enrolled shall take reasonable steps to promptly respond to the request from the new school.
(3) The new school in which the individual with exceptional needs enrolls shall accept unofficial records provided by the pupil’s parent or guardian pending validation by the official records, consistent with the requirements of the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable.
(c) If whenever a pupil described in subdivision (a) was placed and residing in a residential nonpublic school, prior to transferring to a district in another special education local plan area, and this placement is not eligible for funding pursuant to Section 56836.165, the special education local plan area that contains the district that made the residential nonpublic school placement is responsible for the funding of the placement, including related services, for the remainder of the school year. An extended year session is included in the school year in which the session ends.
SEC. 28.
Section 56326.5 of the Education Code is amended to read:56326.5.
(a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall:(1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d).
(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements.
(3) Present the developmental milestones in terms of typical development of all children, by age range.
(4) Be written for clarity and ease of use by parents.
(5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts.
(6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting.
(7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development.
(b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments:
(1) Shall be in a format that shows stages of language development.
(2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy.
(3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive.
(4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children.
(5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans.
(6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e).
(c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English.
(2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy.
(d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts.
(2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a).
(3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected.
(e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b).
(2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following:
(A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English.
(B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements.
(C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English.
(D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic school.
(E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English.
(F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements.
(G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English.
(H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements.
(I) One advocate for the teaching and use of the dual languages of ASL and English.
(J) One advocate for the teaching and use of spoken English, with or without visual supplements.
(K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English.
(L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment.
(M) One speech pathologist from spoken English, with or without the use of visual supplements.
(f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy.
(g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its internet website.
(h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information.
(i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive.
(j) This section shall apply only to children from birth to five years of age, inclusive.
(k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute.
SEC. 29.
Section 56342.1 of the Education Code is amended to read:56342.1.
Before a local educational agency places an individual with exceptional needs in, or refers an individual to, a nonpublic school, the district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program in accordance with Sections 56341.1 and 56345 and in accordance with Section 300.325(a) of Title 34 of the Code of Federal Regulations. An individual with exceptional needs shall not be referred to, or placed in, a nonpublic school unless the individual’s individualized education program specifies that the placement is appropriate.SEC. 30.
Section 56345 of the Education Code is amended to read:56345.
(a) The individualized education program is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in accordance with this section, as required by Section 1414(d) of Title 20 of the United States Code, and that includes all of the following:(1) A statement of the individual’s present levels of academic achievement and functional performance, including all of the following:
(A) The manner in which the disability of the individual affects their involvement and progress in the general education curriculum.
(B) For preschool children, as appropriate, the manner in which the disability affects their participation in appropriate activities.
(C) For individuals with exceptional needs who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
(2) A statement of measurable annual goals, including academic and functional goals, designed to do both of the following:
(A) Meet the needs of the individual that result from the disability of the individual to enable the pupil to be involved in and make progress in the general education curriculum.
(B) Meet each of the other educational needs of the pupil that result from the disability of the individual.
(3) A description of the manner in which the progress of the pupil toward meeting the annual goals described in paragraph (2) will be measured and when periodic reports on the progress the pupil is making toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, will be provided.
(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the pupil, or on behalf of the pupil, and a statement of the program modifications or supports for school personnel that will be provided to enable the pupil to do all of the following:
(A) To advance appropriately toward attaining the annual goals.
(B) To be involved in and make progress in the general education curriculum in accordance with paragraph (1) and to participate in extracurricular and other nonacademic activities.
(C) To be educated and participate with other individuals with exceptional needs and nondisabled pupils in the activities described in this subdivision.
(5) An explanation of the extent, if any, to which the pupil will not participate with nondisabled pupils in the regular class and in the activities described in subparagraph (C) of paragraph (4).
(6) (A) A statement of individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the pupil on state and districtwide assessments consistent with Section 1412(a)(16)(A) of Title 20 of the United States Code.
(B) If the individualized education program team determines that the pupil shall take an alternate assessment instead of a particular state or districtwide assessment of pupil achievement, a statement of both of the following:
(i) The reason why the pupil cannot participate in the regular assessment.
(ii) The reason why the particular alternate assessment selected is appropriate for the pupil.
(7) The projected date for the beginning of the services and modifications described in paragraph (4), and the anticipated frequency, location, and duration of those services and modifications.
(8) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, and updated annually thereafter, both of the following shall be included:
(A) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills.
(B) The transition services, as defined in Section 56345.1, including courses of study, needed to assist the pupil in reaching those goals.
(9) (A) A description of the means by which the individualized education program will be provided under emergency conditions, as described in Section 46392, in which instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 schooldays. The description shall include all of the following:
(i) Special education and related services.
(ii) Supplementary aids and services.
(iii) Transition services, as defined in Section 56345.1.
(iv) Extended school year services pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations.
(B) Subparagraph (A) applies, on or after the operative date of this paragraph, to the development of an initial individualized education program or the next regularly scheduled revision of an individualized education program that has not already met the requirements of subparagraph (A).
(C) Public health orders shall be taken into account in implementing subparagraph (A).
(b) If appropriate, the individualized education program shall also include, but not be limited to, all of the following:
(1) For pupils in grades 7 to 12, inclusive, any alternative means and modes necessary for the pupil to complete the prescribed course of study of the district and to meet or exceed proficiency standards for graduation.
(2) For individuals whose native language is a language other than English, linguistically appropriate goals, objectives, programs, and services.
(3) Pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations, extended school year services shall be included in the individualized education program and provided to the pupil if the individualized education program team of the pupil determines, on an individual basis, that the services are necessary for the provision of a free appropriate public education to the pupil.
(4) Provision for the transition into the regular class program if the pupil is to be transferred from a special class or nonpublic school into a regular class in a public school for any part of the schoolday, including both of the following:
(A) A description of activities provided to integrate the pupil into the regular education program. The description shall indicate the nature of each activity, and the time spent on the activity each day or week.
(B) A description of the activities provided to support the transition of pupils from the special education program into the regular education program.
(5) For pupils with low-incidence disabilities, specialized services, materials, and equipment, consistent with guidelines established pursuant to Section 56136.
(c) It is the intent of the Legislature in requiring individualized education programs, that the local educational agency is responsible for providing the services delineated in the individualized education program. However, the Legislature recognizes that some pupils may not meet or exceed the growth projected in the annual goals and objectives of the individualized education program of the pupil.
(d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv) of Title 20 of the United States Code, it is the intent of the Legislature that, in making a determination of the services that constitute an appropriate education to meet the unique needs of a deaf or hard-of-hearing pupil in the least restrictive environment, the individualized education program team shall consider the related services and program options that provide the pupil with an equal opportunity for communication access. The individualized education program team shall specifically discuss the communication needs of the pupil, consistent with “Deaf Students Education Services Policy Guidance” (57 Fed. Reg. 49274 (October 1992)), including all of the following:
(1) The pupil’s primary language mode and language, which may include the use of spoken language with or without visual cues, or the use of sign language, or a combination of both.
(2) The availability of a sufficient number of age, cognitive, and language peers of similar abilities, which may be met by consolidating services into a local plan areawide program or providing placement pursuant to Section 56361.
(3) Appropriate, direct, and ongoing language access to special education teachers and other specialists who are proficient in the pupil’s primary language mode and language consistent with existing law regarding teacher training requirements.
(4) Services necessary to ensure communication-accessible academic instructions, school services, and extracurricular activities consistent with the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.) and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(5) In accordance with Section 300.113 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.
(6) Subject to paragraph (7), each public agency, pursuant to Section 300.113(b) of Title 34 of the Code of Federal Regulations, shall ensure that external components of surgically implanted medical devices are functioning properly.
(7) For a child with a surgically implanted medical device who is receiving special education and a service under Section 56363, a public agency is not responsible for the postsurgical maintenance, programming, or replacement of the medical device that has been surgically implanted, or of an external component of the surgically implanted medical device.
(e) State moneys appropriated to districts or local educational agencies may not be used for any additional responsibilities and services associated with paragraphs (1) and (2) of subdivision (d), including the training of special education teachers and other specialists, even if those additional responsibilities or services are required pursuant to a judicial or state agency determination. Those responsibilities and services shall only be funded by a local educational agency as follows:
(1) The costs of those activities shall be funded from existing programs and funding sources.
(2) Those activities shall be supported by the resources otherwise made available to those programs.
(3) Those activities shall be consistent with Sections 56240 to 56243, inclusive.
(f) It is the intent of the Legislature that the communication skills of teachers who work with hard-of-hearing and deaf children be improved. This section does not remove the discretionary authority of the local educational agency in regard to inservice activities.
(g) Beginning not later than one year before the pupil reaches 18 years of age, a statement that the pupil has been informed of the pupil’s rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age pursuant to Section 56041.5.
(h) The individualized education program team is not required to include information under one component of a pupil’s individualized education program that is already contained under another component of the individualized education program.
(i) This section does not require that additional information, beyond that explicitly required by Section 1414 of Title 20 of the United States Code and this part, be included in the individualized education program of a pupil.
(j) This section shall become operative on July 1, 2025.
SEC. 31.
Section 56359 is added to the Education Code, to read:56359.
For purposes of this article, “religious instruction” means nonsecular or nonneutral instruction in religious doctrine, principles, beliefs, observances, or practices. “Religious instruction” does not refer to the use of, or references to, religious literature, dance, music, theater, and visual arts, or other subjects having a religious significance when the subject is consistent with Section 51511.SEC. 32.
Section 56361 of the Education Code is amended to read:56361.
The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following:(a) Regular education programs consistent with subparagraph (A) of paragraph (5) of subsection (a) of Section 1412 of Title 20 of the United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364.2.
(e) Nonpublic school services pursuant to Section 56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and settings other than classrooms where specially designed instruction may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the home, in hospitals, and in other institutions to the extent required by federal law or regulation.
SEC. 33.
Section 56361.5 of the Education Code is amended to read:56361.5.
(a) In addition to the continuum of program options listed in Section 56361, a local educational agency may contract with a hospital to provide designated instruction and services, as defined in subdivision (b) of Section 56363, required by the individual with exceptional needs, as specified in the individualized education program. A local educational agency shall contract with a hospital for designated instruction and services required by the individual with exceptional needs only when no appropriate public education program is available.For purposes of this section, “hospital” means a health care facility licensed by the State Department of Health Care Services.
(b) Contracts with hospitals pursuant to subdivision (a) shall be subject to the procedures prescribed in Sections 56365, 56366, and 56366.5.
SEC. 34.
Section 56365 of the Education Code is amended to read:56365.
(a) Services provided by nonpublic schools, as defined pursuant to Section 56034, and nonpublic agencies, as defined pursuant to Section 56035, shall be made available. These services shall be provided pursuant to Section 56366, and in accordance with Section 300.146 of Title 34 of the Code of Federal Regulations, under contract with the local educational agency to provide the appropriate special educational facilities, special education, or designated instruction and services required by the individual with exceptional needs if no appropriate public education program is available.(b) Pupils enrolled in nonpublic schools and agencies under this section shall be deemed to be enrolled in public schools for all purposes of Chapter 4 (commencing with Section 41600) of Part 24 of Division 3 and Section 42238.02. The local educational agency shall be eligible to receive allowances under Articles 3 (commencing with Section 56836.165) and 4 (commencing with Section 56836.20) of Chapter 7.2 for services that are provided to individuals with exceptional needs pursuant to the contract.
(c) If the state participates in the federal program of assistance for state-operated or state-supported programs for individuals with exceptional needs (Public Law 89-313, Sec. 6), pupils enrolled in nonpublic schools shall be deemed to be enrolled in state-supported institutions for all purposes of that program and shall be eligible to receive allowances under Chapter 7.2 (commencing with Section 56836) for supplemental services provided to individuals with exceptional needs pursuant to a contract with a local educational agency. In order to participate in the federal program, the state shall find that participation will not result in any additional expenditures from the General Fund.
(d) (1) The local educational agency shall pay to the nonpublic school the full amount of the tuition or to the nonpublic agency the full amount of fees, excluding tuition or fees attributable to the provision of religious instruction to pupils not placed by a local educational agency, as applicable, for individuals with exceptional needs that are enrolled in programs or receiving services provided by the nonpublic school or agency pursuant to the contract.
(2) Public funds paid by a local educational agency pursuant to paragraph (1) shall not be used to pay for religious instruction at a nonpublic school or agency.
(e) Consistent with Section 1412(a)(10)(B) of Title 20 of the United States Code, Section 300.146 of Title 34 of the Code of Federal Regulations, and other federal provisions requiring that nonpublic schools meet public educational standards applicable to public local educational agencies when providing services under an individualized education program, an applicant seeking an initial or renewal certification shall certify, under penalty of perjury, that all educational services provided to pupils placed by a local educational agency under a master contract with a local educational agency are secular, neutral, and respectful regarding religion and religious views, consistent with Section 8 of Article IX of the California Constitution and Sections 51511 and 60044.
(f) A nonpublic school or agency shall not provide religious instruction to pupils placed by a local educational agency when providing services under a master contract, individual service agreement, or individualized education program.
(g) Before contracting with a nonpublic school or agency outside of this state, the local educational agency shall document its efforts to use public schools or to locate an appropriate nonpublic school or agency program, or both, within the state.
(h) If a local educational agency places a pupil with a nonpublic school or agency outside of this state, the pupil’s individualized education program team shall submit a report to the Superintendent within 15 days of the placement decision. The report shall include information about the special education and related services provided by the out-of-state program placement and the costs of the special education and related services provided, and shall indicate the efforts of the local educational agency to locate an appropriate public school or nonpublic school or agency, or a combination thereof, within the state. The Superintendent shall submit a report to the state board on all placements made outside of this state.
(i) If a local educational agency decides to place a pupil with a nonpublic school or agency outside of this state, the local educational agency shall indicate the anticipated date for the return of the pupil to a public or nonpublic school or agency placement, or a combination thereof, located in the state and shall document efforts during the previous placement year to return the pupil.
(j) In addition to meeting the requirements of Section 56366.1, a nonpublic school or agency that operates a program outside of this state shall be certified or licensed by that state to provide, respectively, special education and related services and designated instruction and related services to pupils under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(k) A nonpublic school or agency that is located outside of this state is eligible for certification pursuant to Section 56366.1 only if a pupil is enrolled in a program operated by that school or agency pursuant to the recommendation of an individualized education program team in California, and if the pupil’s parents or guardians reside in California.
(l) In accordance with Section 300.147(b) and (c) of Title 34 of the Code of Federal Regulations, the department shall disseminate copies of applicable standards to each nonpublic school and nonpublic agency to which a local educational agency has referred or placed an individual with exceptional needs and shall provide an opportunity for those nonpublic schools and nonpublic agencies to participate in the development and revision of state standards that apply to those entities.
(m) Notwithstanding any other law, in performing services under a master contract, individual service agreement, or individualized education program, a nonpublic school or agency shall not subject any person to discrimination on the basis of the protected characteristics described in Section 220.
SEC. 35.
Section 56366 of the Education Code is amended to read:56366.
It is the intent of the Legislature that the role of a nonpublic school or agency shall be maintained and continued as an alternative special education service available to a local educational agency and parents.(a) The master contract for nonpublic school or agency services shall be developed in accordance with the following provisions:
(1) The master contract shall specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the nonpublic school or agency and the local educational agency to provide the special education and related services, as well as transportation specified in each pupil’s individualized education program. The master contract shall contain provisions requiring compliance with subdivisions (d), (e), (f), and (m) of Section 56365. The administrative provisions of the contract also shall include procedures for recordkeeping and documentation, and the maintenance of school records by the contracting local educational agency to ensure that appropriate high school graduation credit is received by each pupil. The contract may allow for partial or full-time attendance at the nonpublic school.
(2) (A) The master contract shall include an individual services agreement for each pupil placed by a local educational agency that will be negotiated for the length of time for which nonpublic school or agency special education and related services are specified in the pupil’s individualized education program. The individual services agreement shall contain provisions requiring compliance with subdivisions (d), (e), (f), and (m) of Section 56365.
(B) The master contract shall include a description of the process being used by the local educational agency to oversee and evaluate placements in nonpublic schools, as required by federal law. This description shall include a method for evaluating whether each pupil is making appropriate educational progress. At least once every year, the local educational agency shall do all of the following and, to the extent possible, the following shall be conducted as part of the development and provision of an individualized education program:
(i) Evaluate the educational progress of each pupil placed in a nonpublic school, including all state assessment results pursuant to the requirements of Section 52052.
(ii) Consider whether or not the needs of the pupil continue to be best met at the nonpublic school and whether changes to the individualized education program of the pupil are necessary, including whether the pupil may be transitioned to a public school setting. This consideration shall be made at the meeting required by subdivision (d) of Section 56343.
(C) In the case of a nonpublic school that is owned, operated by, or associated with a licensed children’s institution, the master contract shall include a method for evaluating whether the nonpublic school is in compliance with the mandate set forth in Section 56366.9 of this code and subdivision (b) of Section 1501.1 of the Health and Safety Code.
(3) (A) Changes in educational instruction, services, or placement provided under contract may only be made on the basis of revisions to a pupil’s individualized education program.
(B) At any time during the term of the contract or individual services agreement, the parent, the nonpublic school or agency, or the local educational agency may request a review of a pupil’s individualized education program by the individualized education program team. Changes in the administrative or financial agreements of the master contract that do not alter the individual services agreement that outlines each pupil’s educational instruction, services, or placement may be made at any time during the term of the contract as mutually agreed by the nonpublic school or agency and the local educational agency.
(4) The master contract or individual services agreement may be terminated for cause. The cause shall not be the availability of a public class initiated during the period of the contract unless the parent agrees to the transfer of the pupil to a public school program. To terminate the contract, either party shall give 20 days’ notice.
(5) The nonpublic school or agency shall provide all services specified in an individualized education program, unless the nonpublic school or agency and the local educational agency agree otherwise in the contract or individual services agreement.
(6) Related services provided pursuant to a nonpublic agency master contract shall only be provided during the period of a pupil’s regular or extended school year program, or both, unless otherwise specified by the pupil’s individualized education program.
(7) The nonpublic school or agency shall report attendance of pupils receiving special education and related services, as defined by Section 46307, for purposes of submitting a warrant for tuition to each contracting local educational agency.
(8) (A) A nonpublic school is subject to the alternative accountability system developed pursuant to Section 52052 in the same manner as public schools and each pupil placed in the nonpublic school by a local educational agency shall be tested by qualified staff of the nonpublic school in accordance with that accountability program. The test results shall be reported by the nonpublic school to the department.
(B) Beginning with the 2006–07 school year testing cycle, each nonpublic school shall determine its California Assessment of Student Performance and Progress period subject to Section 60640. The nonpublic school shall determine this period based on completion of 85 percent of the instructional year at that nonpublic school, plus and minus 10 days, resulting in a 21-day period. Each nonpublic school shall notify the district of residence of a pupil enrolled in the school of its testing period. Staff at the nonpublic school who administer the assessments shall attend the regular testing training sessions provided by the district of residence. If staff from a nonpublic school have received training from one local educational agency, that training shall be sufficient for all local educational agencies that send pupils to the nonpublic school. The district of residence shall order testing materials for its pupils that have been placed in the nonpublic school. The state board shall adopt regulations to facilitate the distribution of and collection of testing materials.
(9) With respect to a nonpublic school, the school shall prepare a school accountability report card in accordance with Section 33126.
(b) (1) The master contract or individual services agreement shall not include special education transportation provided through the use of services or equipment owned, leased, or contracted by a local educational agency for pupils enrolled in the nonpublic school or agency, unless provided directly or subcontracted by that nonpublic school or agency.
(2) The Superintendent shall withhold 20 percent of the amount apportioned to a local educational agency for costs related to the provision of nonpublic school or agency placements if the Superintendent finds that the local educational agency is in noncompliance with this subdivision. This amount shall be withheld from the apportionments in the fiscal year following the Superintendent’s finding of noncompliance. The Superintendent shall take other appropriate actions to prevent noncompliant practices from occurring and report to the Legislature on those actions.
(c) (1) If a pupil is enrolled in a nonpublic school or agency with the approval of the local educational agency prior to agreement to a contract or individual services agreement, the local educational agency shall issue a warrant, upon submission of an attendance report and claim, for an amount equal to the number of creditable days of attendance at the per diem tuition rate agreed upon prior to the enrollment of the pupil. This provision shall be allowed for 90 days during which time the contract shall be consummated.
(2) If after 60 days, the master contract or individual services agreement has not been finalized as prescribed in paragraph (1) of subdivision (a), either party may appeal to the county superintendent of schools if the county superintendent of schools is not participating in the local plan involved in the nonpublic school or agency contract, or the Superintendent if the county superintendent of schools is participating in the local plan involved in the contract, to negotiate the contract. Within 30 days of receipt of this appeal, the county superintendent of schools or the Superintendent, or the Superintendent’s designee, shall mediate the formulation of a contract, which shall be binding upon both parties.
(d) A master contract for special education and related services provided by a nonpublic school or agency may not be authorized under this part, unless the school or agency has been certified as meeting those standards relating to the required special education and specified related services and facilities for individuals with exceptional needs. The certification shall result in the nonpublic school or agency receiving approval to educate pupils under this part for a period no longer than 18 months from the date of the initial approval.
(e) By September 30, 1998, the procedures, methods, and regulations for the purposes of contracting for nonpublic school and agency services pursuant to this section and for reimbursement pursuant to Sections 56836.165 and 56836.20 shall be developed by the Superintendent in consultation with statewide organizations representing providers of special education and related services. The regulations shall be established by rules and regulations issued by the state board.
SEC. 36.
Section 56366.1 of the Education Code is amended to read:56366.1.
(a) A nonpublic school 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 related services provided to individuals with exceptional needs.
(2) (A) Until January 1, 2028, 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.
(B) (i) Commencing January 1, 2028, a list of staff providing instruction and services, including special education and related services, to pupils in the state, and copies of their credentials, or, where a credential for those services does not exist, licenses or certificates of registration with the appropriate state or national organization that has established standards for the service rendered.
(ii) (I) Except as provided in subclause (II), staff shall hold a valid credential for their assignment required by the commission based on the authority provided in Section 44225 and the requirements outlined in Section 44258.9, including those providing services for pupil personnel services.
(II) Out-of-state educators shall obtain a credential from the commission pursuant to Sections 44266.5 and 44274.2 that satisfies the requirements for their assignment, as required by the commission based on the authority provided in Section 44225 and the requirements outlined in Section 44258.9. The credential may expire but shall remain in good standing and shall not have been suspended or revoked. Individuals that hold an expired credential for their assignment required by the commission shall, at a minimum, have a valid certificate of clearance from the commission.
(3) Commencing July 1, 2027, for staff of the nonpublic school interacting with pupils in the state who (A) have an assignment in which a credential is not required and (B) do not have a valid credential from the commission, documentation that these staff have obtained fingerprint clearance with the commission, as specified in Sections 44340 and 44341.
(4) An assurance that the nonpublic school has requested notice from the commission pursuant to subdivision (k) of Section 44237.
(5) (A) (i) Commencing with the 2020–21 school year, documentation that the nonpublic school 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 school’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 school that was in existence as of the January 1 immediately preceding a school year, documentation that the nonpublic school’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 school 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 school’s compliance with the requirements of this paragraph, and the nonpublic school 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 school 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 school 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 school provided the training required by this paragraph, and shall submit the verification to the Superintendent at that time.
(iv) The nonpublic school shall maintain written records of the training provided pursuant to this paragraph, and shall provide written verification of the training upon request.
(6) (A) Commencing with the 2021–22 school year, documentation that the administrator of the nonpublic school holds or is in the process of obtaining one of the following:
(i) An administrative credential granted by an accredited postsecondary educational institution and two years of experience with pupils with disabilities.
(ii) A pupil personnel services credential that authorizes school counseling or psychology.
(iii) A license as a clinical social worker issued by the Board of Behavioral Sciences.
(iv) A license in psychology regulated by the Board of Psychology.
(v) A master’s degree issued by an accredited postsecondary institution in education, special education, psychology, counseling, behavioral analysis, social work, behavioral science, or rehabilitation.
(vi) A credential authorizing special education instruction and at least two years of experience teaching in special education before becoming an administrator.
(vii) A license as a marriage and family therapist certified by the Board of Behavioral Sciences.
(viii) A license as an educational psychologist issued by the Board of Behavioral Sciences.
(ix) A license as a professional clinical counselor issued by the Board of Behavioral Sciences.
(B) Commencing July 1, 2027, if the administrator of the nonpublic school does not hold a valid credential from the commission, documentation that the administrator has obtained fingerprint clearance with the commission, as specified in Sections 44340 and 44341.
(7) An annual operating budget.
(8) (A) (i) Affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries and subsequent arrest notifications required of all nonpublic school personnel, including contractors, having contact with minor children pursuant to Sections 33192 and 44237.
(ii) Upon receipt of a subsequent arrest notification, the nonpublic school shall do both of the following:
(I) Notify the department regarding staffing changes that occur as a result of a subsequent arrest notification within 10 days.
(II) Notify each contracting local educational agency regarding staffing changes that occur as a result of a subsequent arrest notification within 10 days.
(B) (i) The department shall require each person employed by a nonpublic school interacting with a California pupil to undergo a fingerprint-based state and national criminal history background check.
(ii) The department shall submit to the Department of Justice the fingerprint images and related information for individuals specified in clause (i) who are subject to a state and national criminal history background check pursuant to subdivision (u) of Section 11105 of the Penal Code.
(iii) The department shall request subsequent notification service pursuant to Section 11105.2 of the Penal Code.
(9) 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 Sections 56521.1 and 56521.2, relating to behavioral interventions.
(10) Commencing with the 2024–25 school year, 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.
(11) Certification under penalty of perjury that all educational services provided to pupils placed by a local educational agency under a master contract with a local educational agency comply with subdivisions (d), (e), (f), and (m) of Section 56365.
(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 schools 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 school 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 school 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 school, or unless the Superintendent receives a formal complaint against the nonpublic school. In the latter two cases, the Superintendent shall conduct an onsite review at least annually.
(2) In carrying out this subdivision, the Superintendent shall verify that the nonpublic school 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 school, and pursuant to Section 33192 for each contractor of the nonpublic school. The department shall monitor nonpublic school compliance with subclause (I) of clause (i) of subparagraph (A) of paragraph (8) of subdivision (a).
(3) Commencing with the 2026–27 school year, the Superintendent shall also do all of the following before certifying a nonpublic 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 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 school.
(C) Review policies, procedures, and practices of the nonpublic 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 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 school’s policies on behavior intervention to pupils and parents of pupils enrolled in the nonpublic 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 school shall conduct, at minimum, all of the following:
(A) An onsite visit to the nonpublic 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 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 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 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 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 school and the services provided, including whether pupils feel that they are treated with respect and dignity and whether nonpublic 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 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 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 school for a period longer than one year.
(2) Commencing with the 2026–27 school year, for a nonpublic 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 school, 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 school.
(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 school meets all the application requirements and is approved by the Superintendent. Certification may be retroactive if the nonpublic school 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 school. For this purpose, a certified nonpublic school 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 school 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 school at the time of the onsite investigation. The Superintendent shall require a written response to any noncompliance or deficiency found.
(2) A nonpublic school shall notify the department and the local educational agency with which it has a master contract in writing, no later than one business day after a pupil-involved incident occurs at the nonpublic school that results in any of the following:
(A) Law enforcement being contacted.
(B) Emergency medical treatment, hospitalization, or transportation to a hospital, emergency room, urgent care facility, or other medical facility for evaluation or treatment.
(C) A serious injury to a pupil resulting from an assault, behavioral incident, restraint, seclusion, self-injurious behavior, accident, or other event occurring at the nonpublic school.
(D) A finding, citation, corrective action, substantiated complaint, civil penalty, or other enforcement action issued by a licensing, health, welfare, educational, or law enforcement authority relating to the health, safety, supervision, care, treatment, or educational services provided to a California pupil.
(E) Any serious injury or other event determined by the Superintendent to affect the health, safety, or welfare of a California pupil.
(F) (i) Instances of reportable conduct.
(ii) For purposes of clause (i), “reportable conduct” means any of the following:
(I) Egregious misconduct, as defined in Section 44932.
(II) A sex offense, as defined in Section 44010, or any other sexual misconduct.
(III) Offenses defined in Section 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, subdivision (c) of Section 667.5 of the Penal Code, or subdivision (c) of Section 1192.7 of the Penal Code.
(IV) Conduct that would require a report under the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).
(V) Any other conduct that poses a serious risk to the physical or emotional safety of a pupil.
(iii) For purposes of clause (i), “reportable conduct” does not include a violation consisting solely of an administrative or performance-based policy, including, but not limited to, attendance, punctuality, dress code, or other violations.
(3) A nonpublic school employing a person with a credential shall report any change in employment status of a credentialholder to the commission within 30 days if the change in employment status was the result of an allegation of misconduct, as described in Section 44030.5.
(4) With respect to a nonpublic school, 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 school. The Superintendent shall document the complaint and the results of the investigation and shall provide copies of the documentation to the complainant, the nonpublic school, and the contracting local educational agency.
(5) Violations or noncompliance documented pursuant to paragraph (1) or (4) shall be reflected in the status of the certification of the nonpublic school, at the discretion of the Superintendent, pending an approved plan of correction by the nonpublic school. The department shall retain for a period of 10 years all violations pertaining to certification of the nonpublic school.
(6) In carrying out this subdivision, the Superintendent shall verify that the nonpublic school 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 school, and pursuant to Section 33192 for each contractor of the nonpublic school.
(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 pursuant to paragraph (2) of subdivision (a), the criminal background checks required for employment pursuant to paragraph (8) of subdivision (a), the state standards-based core curriculum being employed, the state standards-focused instructional materials used, and pupils’ receipt of any mandated instruction required for all pupils of local educational agencies, including, but not limited to, instruction required by Chapter 5.6 (commencing with Section 51930) of Part 28, of an existing certified nonpublic school on a three-year cycle, as follows:
(1) The nonpublic school shall complete a self-review in year one.
(2) The Superintendent shall conduct an onsite review of the nonpublic school in year two.
(3) The Superintendent shall conduct a followup visit to the nonpublic school in year three.
(k) (1) During an onsite review of a nonpublic 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 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 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 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 school 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 school notifies the county superintendent of schools and the special education local plan area in which the proposed new or expanded nonpublic school 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 nonpublic school intends to initiate services. The notice shall include the following:
(A) The specific date upon which the proposed nonpublic school 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 related services and hold a current valid California credential or license in the service rendered pursuant to paragraphs (2) and (3) of subdivision (a).
(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 school 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 school, 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 school 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 school that also operates a licensed children’s institution, unless all of the following conditions are met:
(A) The entity operating the nonpublic school maintains separate financial records for each entity that it operates, with each nonpublic 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 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 school 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 school 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 schools that provide special education and related services to California pupils using staff who meet the credential requirements pursuant to paragraphs (2) and (3) of subdivision (a) are eligible to receive certification.
(2) Commencing with the 2021–22 school year, notwithstanding any other law, only those nonpublic schools 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 subparagraph (A) of 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 school 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 school shall 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 school, and pursuant to Section 33192 for each contractor of the nonpublic school.
(2) The nonpublic school shall retain the evidence and store it in a locked file separate from other files.
(r) (1) The department shall request notice from the commission pursuant to subdivision (k) of Section 44237, monitor the status of the credentialholders at nonpublic schools, and confirm that a credentialholder has been removed from contact with California pupils when a credentialholder has their credential suspended or revoked.
(2) The local educational agency shall request notice from the commission pursuant to subdivision (k) of Section 44237, monitor the status of the credentialholders at the nonpublic schools that it has a master contract with for their pupils, and confirm that a credentialholder has been removed from contact with California pupils when a credentialholder has their credential suspended or revoked.
SEC. 37.
Section 56366.2 of the Education Code is repealed.SEC. 38.
Section 56366.2 is added to the Education Code, to read:56366.2.
(a) A nonpublic 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 related services provided to individuals with exceptional needs.
(2) (A) A list of appropriately qualified staff, a description of the credential, license, or registration that qualifies each staff member rendering related 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.
(B) Commencing July 1, 2027, for staff of the nonpublic agency interacting with pupils in the state who (i) have an assignment in which a credential is not required and (ii) do not have a valid credential from the commission, documentation that these staff have obtained fingerprint clearance with the commission, as specified in Sections 44340 and 44341.
(3) (A) (i) Commencing with the 2020–21 school year, documentation that the nonpublic agency will train staff who will have contact or interaction with pupils in the use of evidence-based practices and interventions specific to the unique behavioral needs of the nonpublic 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, and annually to all staff who have any contact or interaction with pupils.
(ii) For a nonpublic agency that was in existence as of the January 1 immediately preceding a school year, documentation that the nonpublic agency’s staff members who will have contact or interaction with pupils 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 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) Each contracting local educational agency shall verify the nonpublic agency’s compliance with the requirements of this paragraph, and the nonpublic agency shall report each contracting local educational agency’s verification to the Superintendent annually with the annual certification documents described in subdivision (h).
(ii) For a nonpublic agency seeking initial certification, each 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 agency not in existence as of the January 1 immediately preceding a school year, each contracting local educational agency shall, 30 days following the commencement of the school year, verify that the nonpublic agency provided the training required by this paragraph, and shall submit the verification to the Superintendent at that time.
(iv) The nonpublic agency shall maintain written records of the training provided pursuant to this paragraph, and shall provide written verification of the training upon request.
(4) An annual operating budget.
(5) Affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries and subsequent arrest notifications required of all nonpublic agency personnel, including contractors, having contact with minor children pursuant to Sections 33192 and 44237.
(6) A valid business license, if applicable.
(7) Certification under penalty of perjury that all services provided to pupils placed by a local educational agency under a master contract with each local educational agency comply with subdivisions (f) and (m) of Section 56365.
(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 Sections 56521.1 and 56521.2, relating to behavioral interventions.
(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 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 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 agency representative who does not have a conflict of interest with the applicant. The Superintendent or special education local plan area 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 agency, or unless the Superintendent receives a formal complaint against the nonpublic agency. In the latter two cases, the Superintendent may conduct an onsite review at least annually.
(2) In carrying out paragraph (1), the Superintendent shall verify that the nonpublic 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 agency and pursuant to Section 33192 for each contractor of the nonpublic agency.
(f) 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 agency for a period longer than one year.
(g) Certification becomes effective on the date the nonpublic agency meets all the application requirements and is approved by the Superintendent. Certification may be retroactive if the nonpublic 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 agency. For this purpose, a certified nonpublic 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 or document review as part of the annual review.
(i) (1) The Superintendent shall conduct an investigation of a nonpublic 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 agency at the time of the onsite investigation. The Superintendent shall require a written response to any noncompliance or deficiency found.
(2) A nonpublic agency shall notify the department and the local educational agency with which it has a master contract of any pupil-involved incident at the nonpublic 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 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 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 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 agency, at the discretion of the Superintendent, pending an approved plan of correction by the nonpublic agency. The department shall retain for a period of 10 years all violations pertaining to certification of the nonpublic agency.
(5) In carrying out this subdivision, the Superintendent shall verify that the nonpublic 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 agency and pursuant to Section 33192 for each contractor of the nonpublic agency.
(j) The Superintendent shall monitor an existing certified nonpublic agency for compliance with applicable statutory and regulatory requirements set forth in this section. At the discretion of the Superintendent, the Superintendent may also review the facilities, master contracts, individual service agreements, and verify that all administrators and staff possess valid certificates, permits, or equivalent credentials required of public school personnel on a three-year cycle, as follows:
(1) The nonpublic agency shall complete a self-review in year one.
(2) The Superintendent shall conduct a document review of the nonpublic agency in year two, which may include an onsite review at the discretion of the Superintendent.
(3) The Superintendent shall conduct a followup visit to the nonpublic agency in year three of any nonpublic agency that received findings of noncompliance during the year two review to verify the timely completion and implementation of corrective actions and continued compliance.
(k) (1) Notwithstanding any other law, the Superintendent shall not certify a nonpublic 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 agency notifies the county superintendent of schools and the special education local plan area in which the proposed new or expanded nonpublic 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 nonpublic agency intends to initiate services. The notice shall include the following:
(A) The specific date upon which the proposed nonpublic 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 being 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 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 related 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 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 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 agency provided the notification required pursuant to paragraph (1).
(l) (1) The nonpublic 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 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.
(m) (1) Notwithstanding any other law, only those nonpublic agencies that provide related services to California pupils using administrators and staff who meet the certificate, permit, or other document requirements pursuant to paragraph (2) of subdivision (a), and the training requirements pursuant to subparagraph (A) of paragraph (3) of subdivision (a), are eligible to receive certification. Staff who provide direct services to California pupils shall reside within the United States. Commencing with the 2021–22 school year, this paragraph shall not apply to administrators.
(2) The state board shall develop regulations to implement this subdivision.
(n) In addition to meeting the standards adopted by the state board, a nonpublic agency shall provide written assurances that it meets all applicable standards relating to fire, health, sanitation, and building safety.
(o) (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 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 agency and pursuant to Section 33192 for each contractor of the nonpublic agency.
(2) The nonpublic agency shall retain the evidence and store it in a locked file separate from other files.
SEC. 39.
Section 56366.4 of the Education Code is amended to read:56366.4.
(a) The Superintendent shall revoke or suspend the certification of a nonpublic school or agency for any of the following reasons:(1) Violation of an applicable state or federal rule or regulation, or aiding, abetting, or permitting the violation of an applicable state or federal rule or regulation.
(2) Falsification or intentional misrepresentation of an element of the application, pupil records, or program presented for certification purposes.
(3) Conduct in the operation or maintenance of the nonpublic school or agency that is harmful to the health, welfare, or safety of an individual with exceptional needs, including, but not limited to, the use of interventions prohibited by subdivision (d) of Section 56521.1 and subdivision (a) of Section 49005.8.
(4) Failure to comply with a provision in the master contract with the local educational agency.
(5) Failure to notify the department in writing of any of the following within 30 days of the occurrence:
(A) Changes in credentialed, licensed, or registered staff who render special education and related services, ownership, management, or control of the nonpublic school or agency.
(B) Major modification or relocation of facilities.
(C) Significant modification of the nonpublic school or agency program.
(6) Failure to implement recommendations and compliance requirements following any monitoring review of the school or agency.
(7) Failure to provide appropriate services, supplies, equipment, or facilities for a pupil as required in the pupil’s individualized education program.
(8) The revocation or suspension of a license or permit, including, but not limited to, a residential care license, business license, or other required license or permit.
(9) Failure to implement a pupil’s individualized education program.
(10) Failure to notify the Superintendent in writing within 24 hours of the death of a pupil or any other individual of unnatural causes within the school or agency, including the circumstances surrounding the death and appropriate preventative measures being taken or recommended.
(b) 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 school or agency, the department shall immediately suspend or revoke the certification of the nonpublic school or agency.
(c) The Superintendent shall notify contracting local educational agencies and the special education local plan area in which the nonpublic school or agency is located of the determination to suspend or revoke state certification.
(d) If the Superintendent determines that a nonpublic school or agency has violated the certification requirements pursuant to this section and revokes the certification, the nonpublic school or agency; the site administrator, business, organization, or entity involved in the administration of the nonpublic school or agency whose certification was revoked; and the site administrator, business, organization, or entity whose nonpublic school or agency certification was revoked at any time previously, shall not be eligible to apply for recertification of the nonpublic school or agency for two full years from the date of revocation.
SEC. 40.
Section 56366.45 of the Education Code is amended to read:56366.45.
(a) (1) A contracting local educational agency and a charter school shall, within 14 days of becoming aware of any change to the certification status of a nonpublic school or agency, notify parents of pupils of the local educational agency or charter school who attend the nonpublic school or agency through email or regular mail notice of the change in certification status and include a copy of the procedural safeguards as specified in Chapter 5 (commencing with Section 56500).(2) The contracting local educational agency or charter school shall maintain a record of the notice given pursuant to paragraph (1) and shall make this notice available for inspection upon request of the department.
(b) For purposes of this section, becoming aware of any change in certification status may include, but is not limited to, receiving notification pursuant to subdivision (c) of Section 56366.4 of a determination to suspend or revoke the certification of the nonpublic school or agency, including, but not limited to, a determination resulting from a department investigation into pupil restraint or seclusion.
(c) For purposes of this section, “parent” has the same meaning as defined in Section 56028.
SEC. 41.
Section 56366.5 of the Education Code is amended to read:56366.5.
(a) Upon receipt of a request from a nonpublic school for payment for services provided under a contract entered into pursuant to Sections 56365 and 56366, the local educational agency shall either (1) send a warrant for the amount requested within 45 days, or (2) notify the nonpublic school within 10 working days of any reason why the requested payment shall not be paid.(b) If the local educational agency fails to comply with subdivision (a), the nonpublic school may require the local educational agency to pay an additional amount of 11/2 percent of the unpaid balance per month until full payment is made. The local educational agency may not claim reimbursement from the state for the additional amount pursuant to any provision of law, including any provision contained in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code.
(c) Any educational funds received from a local educational agency for the educational costs of individuals with exceptional needs it has placed in nonpublic schools shall be used solely for those purposes and not for the costs of a residential program.
SEC. 42.
Section 56366.6 of the Education Code is amended to read:Showing the opening sections of a long bill. Connect Plus has the full text and every earlier version of SB 685.Compare versions