{
"_metadata": {
"source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=6GK1dWnDBslshhyihujCUdplusVg==",
"scrapedAt": "2026-05-24T20:11:49.868Z",
"method": "Playwright + Simbli ViewPolicy API scraper"
},
"code": "6159.2",
"title": "Nonpublic, Nonsectarian School And Agency Services For Special Education",
"type": "BP",
"section": "6000",
"lastRevised": "01/14/2026",
"lastReviewed": "01/14/2026",
"hasAttachment": false,
"revid": "6GK1dWnDBslshhyihujCUdplusVg==",
"contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\n\n\n\nThe Governing Board recognizes its responsibility to provide a free appropriate public education to students with exceptional needs in accordance with law. When the district is unable to provide direct special education and/or related services to students with exceptional needs, the Governing Board may enter into a contract with a nonpublic, nonsectarian school or agency (NPS/A) to meet student needs consistent with the comprehensive local plan of the Special Education Local Plan Area. \n \nPrior to entering into a contract to place any student in an NPS/A, the Superintendent or designee shall verify that the school or agency is certified to provide special education and related services to individuals with exceptional needs and complies with staff training requirements in accordance with Education Code 56366 and 56366.1. \n \nAdditionally, the Superintendent or designee, such as the district's liaison for foster youth, shall verify that for any student served by an NPS/A who is a foster youth, the NPS/A agrees to serve as the school of origin of the foster youth and allow the foster youth to continue the foster youth's education in the NPS/A in accordance with Education Code 56366.1. \n \nThe Superintendent or designee shall monitor, on an ongoing basis, the certification of any NPS/A with which the district has a contract to ensure that the certification has not expired. \n \nWithin 14 days of becoming aware of any change to the certification status of an NPS/A, including, but not limited to, receiving notification of a determination to suspend or revoke the certification of the NPS/A pursuant to Education Code 56366.4, the district shall notify, through email or regular mail, the parents/guardians of any district student who attends the NPS/A of the change in certification status, which includes a copy of procedural safeguards. The district shall maintain a record of such notice and make the notice available for inspection upon request by the California Department of Education. (Education Code 56366.45) \n \nNo district student with exceptional needs shall be referred to, or placed in, an NPS/A unless the student's individualized education program (IEP) team has determined that the placement is appropriate for the student. (Education Code 56342.1) \n \nThe district shall pay to the NPS/A the full amount of the tuition or fees, as applicable, for students with exceptional needs who are enrolled in programs or receiving services provided by the NPS/A pursuant to the contract. (Education Code 56365) \n \nIn accordance with law, any student with exceptional needs placed in an NPS/A shall have all the rights and protections to which students with exceptional needs are generally entitled, including, but not limited to, procedural safeguards, due process rights, and periodic review of the student's IEP. \n \nDuring the period when any student with exceptional needs is placed in an NPS/A, the student's IEP team shall retain responsibility for monitoring the student's progress towards meeting the goals identified in the IEP. \n \nThe Superintendent or designee shall ensure that any contract with an NPS/A contains a requirement for the NPS/A to comply with district policy, procedures, and practices related to student rights, health, and safety, including the use of seclusion and restraint. All NPS/A staff that serve district students shall be made aware of, and trained in such policies, procedures, and practices. \n \nThe Superintendent or designee shall notify the Governing Board prior to approving an out-of-state placement for any district student. \n \nThe Superintendent or designee may apply to the Superintendent of Public Instruction to waive any of the requirements of Education Code 56365, 56366, and 56366.6. (Education Code 56366.2)\n\n",
"contentText": "The Governing Board recognizes its responsibility to provide a free appropriate public education to students with exceptional needs in accordance with law. When the district is unable to provide direct special education and/or related services to students with exceptional needs, the Governing Board may enter into a contract with a nonpublic, nonsectarian school or agency (NPS/A) to meet student needs consistent with the comprehensive local plan of the Special Education Local Plan Area.\n\nPrior to entering into a contract to place any student in an NPS/A, the Superintendent or designee shall verify that the school or agency is certified to provide special education and related services to individuals with exceptional needs and complies with staff training requirements in accordance with Education Code 56366 and 56366.1.\n\nAdditionally, the Superintendent or designee, such as the district's liaison for foster youth, shall verify that for any student served by an NPS/A who is a foster youth, the NPS/A agrees to serve as the school of origin of the foster youth and allow the foster youth to continue the foster youth's education in the NPS/A in accordance with Education Code 56366.1.\n\nThe Superintendent or designee shall monitor, on an ongoing basis, the certification of any NPS/A with which the district has a contract to ensure that the certification has not expired.\n\nWithin 14 days of becoming aware of any change to the certification status of an NPS/A, including, but not limited to, receiving notification of a determination to suspend or revoke the certification of the NPS/A pursuant to Education Code 56366.4, the district shall notify, through email or regular mail, the parents/guardians of any district student who attends the NPS/A of the change in certification status, which includes a copy of procedural safeguards. The district shall maintain a record of such notice and make the notice available for inspection upon request by the California Department of Education. (Education Code 56366.45)\n\nNo district student with exceptional needs shall be referred to, or placed in, an NPS/A unless the student's individualized education program (IEP) team has determined that the placement is appropriate for the student. (Education Code 56342.1)\n\nThe district shall pay to the NPS/A the full amount of the tuition or fees, as applicable, for students with exceptional needs who are enrolled in programs or receiving services provided by the NPS/A pursuant to the contract. (Education Code 56365)\n\nIn accordance with law, any student with exceptional needs placed in an NPS/A shall have all the rights and protections to which students with exceptional needs are generally entitled, including, but not limited to, procedural safeguards, due process rights, and periodic review of the student's IEP.\n\nDuring the period when any student with exceptional needs is placed in an NPS/A, the student's IEP team shall retain responsibility for monitoring the student's progress towards meeting the goals identified in the IEP.\n\nThe Superintendent or designee shall ensure that any contract with an NPS/A contains a requirement for the NPS/A to comply with district policy, procedures, and practices related to student rights, health, and safety, including the use of seclusion and restraint. All NPS/A staff that serve district students shall be made aware of, and trained in such policies, procedures, and practices.\n\nThe Superintendent or designee shall notify the Governing Board prior to approving an out-of-state placement for any district student.\n\nThe Superintendent or designee may apply to the Superintendent of Public Instruction to waive any of the requirements of Education Code 56365, 56366, and 56366.6. (Education Code 56366.2)",
"footnotes": [
{
"type": "State",
"references": [
{
"code": "5 CCR 3001",
"description": "Definitions",
"url": "https://govt.westlaw.com/calregs/Document/I2FF428134C6911EC93A8000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)"
},
{
"code": "5 CCR 3051-3051.24",
"description": "Special education; standards for related services and staff qualifications",
"url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I307629504C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I3080D7B24C6911EC93A8000D3A7C4BC3"
},
{
"code": "5 CCR 3060-3070",
"description": "Nonpublic, nonsectarian school and agency services",
"url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I318416E04C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I318EC5434C6911EC93A8000D3A7C4BC3"
},
{
"code": "Ed. Code 51225.3",
"description": "High school graduation requirements",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=51225.3."
},
{
"code": "Ed. Code 51225.31-51225.32",
"description": "Graduation exemption for students with exceptional needs",
"url": ""
},
{
"code": "Ed. Code 56034-56035",
"description": "Definitions of nonpublic, nonsectarian school and agency",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=30.&chapter=1.&article=2."
},
{
"code": "Ed. Code 56042",
"description": "Placement not to be recommended by attorney or advocate with conflict of interest",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56042."
},
{
"code": "Ed. Code 56101",
"description": "Waivers",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56101."
},
{
"code": "Ed. Code 56163",
"description": "Certification",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56163."
},
{
"code": "Ed. Code 56168",
"description": "Responsibility for education of student in hospital or health facility school",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56168."
},
{
"code": "Ed. Code 56195.8",
"description": "Adoption of policies",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56195.8."
},
{
"code": "Ed. Code 56342.1",
"description": "Individualized education program; placement",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56342.1."
},
{
"code": "Ed. Code 56360-56369",
"description": "Implementation of special education",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=30.&chapter=4.&article=4."
},
{
"code": "Ed. Code 56711",
"description": "Computation of state aid",
"url": ""
},
{
"code": "Ed. Code 56740-56743",
"description": "Apportionments and reports",
"url": ""
},
{
"code": "Ed. Code 56760",
"description": "Annual budget plan; service proportions",
"url": ""
},
{
"code": "Ed. Code 56775.5",
"description": "Reimbursement of assessment and identification costs",
"url": ""
},
{
"code": "Ed. Code 56836.20-56836.21",
"description": "Special education funding; SELPA contracts with nonpublic nonsectarian schools",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=30.&chapter=7.2.&article=4."
},
{
"code": "Fam. Code 7911-7912",
"description": "Interstate compact on placement of children",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=12.&title=&part=5.&chapter=&article="
},
{
"code": "Gov. Code 7570-7587",
"description": "Interagency responsibilities for providing services to children with exceptional needs",
"url": ""
},
{
"code": "Gov. Code 7572.55",
"description": "Seriously emotionally disturbed child; out-of-state placement",
"url": ""
},
{
"code": "W&I Code 362.2",
"description": "Out-of-home placement for IEP",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=362.2."
},
{
"code": "W&I Code 727.1",
"description": "Out-of-state placement of wards of court",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=727.1."
}
]
},
{
"type": "Federal",
"references": [
{
"code": "20 USC 1400-1487",
"description": "Individuals with Disabilities Education Act",
"url": ""
},
{
"code": "34 CFR 300.129-300.148",
"description": "Children with disabilities in private schools",
"url": ""
}
]
},
{
"type": "Management Resources",
"references": [
{
"code": "Court Decision",
"description": "Agostini v. Felton (1997) 521 U.S. 203, 117 S.Ct. 1997",
"url": "https://law.justia.com/cases/"
},
{
"code": "Website",
"description": "CSBA District and County Office of Education Legal Services",
"url": "https://legalservices.csba.org/"
},
{
"code": "Website",
"description": "U.S. Department of Education, Office of Special Education and Rehabilitative Services",
"url": "http://www.ed.gov/about/offices/list/osers"
},
{
"code": "Website",
"description": "California Department of Education",
"url": "http://www.cde.ca.gov"
}
]
}
],
"crossRefs": [
{
"code": "0430",
"title": "Comprehensive Local Plan For Special Education",
"type": "AR"
},
{
"code": "0430",
"title": "Comprehensive Local Plan For Special Education",
"type": "AR"
},
{
"code": "1312.3",
"title": "Uniform Complaint Procedures",
"type": "AR"
},
{
"code": "1312.3",
"title": "Uniform Complaint Procedures",
"type": "AR"
},
{
"code": "1431",
"title": "Waivers",
"type": "AR"
},
{
"code": "3541.2",
"title": "Transportation For Students With Disabilities",
"type": "AR"
},
{
"code": "3541.2",
"title": "Transportation For Students With Disabilities",
"type": "AR"
},
{
"code": "3580",
"title": "District Records",
"type": "AR"
},
{
"code": "3580",
"title": "District Records",
"type": "AR"
},
{
"code": "4112.23",
"title": "Special Education Staff",
"type": "AR"
},
{
"code": "5125",
"title": "Student Records",
"type": "AR"
},
{
"code": "5125",
"title": "Student Records",
"type": "AR"
},
{
"code": "5145.6",
"title": "Parent/Guardian Notifications",
"type": "AR"
},
{
"code": "5145.6-E PDF(1)",
"title": "Parent/Guardian Notifications",
"type": "AR"
},
{
"code": "6159",
"title": "Individualized Education Program",
"type": "AR"
},
{
"code": "6159",
"title": "Individualized Education Program",
"type": "AR"
},
{
"code": "6159.3",
"title": "Appointment Of Surrogate Parent For Special Education Students",
"type": "AR"
},
{
"code": "6159.3",
"title": "Appointment Of Surrogate Parent For Special Education Students",
"type": "AR"
},
{
"code": "6162.51",
"title": "State Academic Achievement Tests",
"type": "AR"
},
{
"code": "6164.4",
"title": "Identification And Evaluation Of Individuals For Special Education",
"type": "AR"
},
{
"code": "6164.4",
"title": "Identification And Evaluation Of Individuals For Special Education",
"type": "AR"
},
{
"code": "6173.1",
"title": "Education For Foster Youth",
"type": "AR"
},
{
"code": "6173.1",
"title": "Education For Foster Youth",
"type": "AR"
}
],
"attachments": []
}