BILL NUMBER: AB 2133 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chávez
FEBRUARY 20, 2014
An act to amend Section 15100 56366.1
of the Education Code, relating to school district and
community college district bonds special education
.
LEGISLATIVE COUNSEL'S DIGEST
AB 2133, as amended, Chávez. School district and
community college district bonds. Special education:
nonpublic, nonsectarian schools or agencies: certification.
Existing law sets forth a method for providing special
education and related services to pupils with exceptional needs.
Existing law also permits, under certain circumstances, contracts to
be entered for the provision of those services by nonpublic,
nonsectarian schools or agencies, as defined. 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 by the Superintendent of Public
Instruction as meeting specified standards. Existing law authorizes a
nonpublic, nonsectarian school or agency that seeks certification
to file an application, including specified
information, with the Superintendent.
Existing law also requires the nonpublic, nonsectarian school or
agency that is applying for certification to submit, on a form
developed by the State Department of Education, a signed verification
by local educational agency representatives that they have been
notified of the intent to certify or renew certification. Existing
law requires the State Department of Education to mail renewal
application materials to certified nonpublic, nonsectarian schools
and agencies at least 120 days before the expiration date of their
current certification.
This bill would require the local educational agency to send the
applicant an acknowledgment, rather than a signed verification, as
specified. The bill would delete the provision requiring the State
Department of Education to mail renewal application materials, and
instead require the department to provide electronic notification of
the availability of these materials to certified nonpublic,
nonsectarian schools and agencies at least 120 days before the date
their current certification expires.
Existing law authorizes the governing board of any school district
or community college district to order an election and submit to the
electors of the district the question whether the bonds of the
district should be issued and sold for the purposes of raising money
for specified purposes.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56366.1 of the
Education Code is amended to read:
56366.1. (a) A nonpublic, nonsectarian school or agency that
seeks certification shall file an application with the Superintendent
on forms provided by the department, and shall include all of the
following information on the application:
(1) A description of the special education and designated
instruction and services provided to individuals with exceptional
needs if the application is for nonpublic, nonsectarian school
certification.
(2) A description of the designated instruction and services
provided to individuals with exceptional needs if the application is
for nonpublic, nonsectarian agency certification.
(3) A list of appropriately qualified staff, a description of the
credential, license, or registration that qualifies each staff member
rendering special education or designated instruction and services
to do so, and copies of their credentials, licenses, or certificates
of registration with the appropriate state or national organization
that has established standards for the service rendered.
(4) 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 required of all nonpublic,
nonsectarian school or agency personnel having contact with minor
children under Section 44237.
(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 applicant shall submit on a form, developed by the
department, a signed verification by local educational agency
representatives acknowledging that they have been notified
of the intent to certify or renew certification. The
verification 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 signed verification
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 applicant has not received a response from the
local educational agency has not acknowledged the
applicant's intent to be certified 60 calendar days from the
date of the return receipt submission
for initial applications or 30 calendar days from the date of the
return receipt submission for renewal
applications, the applicant may file the application with the
Superintendent. A copy of the return receipt shall be
included with the application as verification of notification efforts
to the local educational agency.
(3) The department shall mail provide
electronic notification of the availability of renewal
application materials to certified nonpublic, nonsectarian schools
and agencies at least 120 days before the date their current
certification expires.
(c) If the applicant operates a facility or program on more than
one site, each site shall be certified.
(d) If the applicant is part of a larger program or facility on
the same site, the Superintendent shall consider the effect of the
total program on the applicant. A copy of the policies and standards
for the nonpublic, nonsectarian school or agency and the larger
program shall be available to the Superintendent.
(e) (1) Before certification, the Superintendent shall conduct an
onsite review of the facility and program for which the applicant
seeks certification. The Superintendent may be assisted by
representatives of the special education local plan area in which the
applicant is located and a nonpublic, nonsectarian school or agency
representative who does not have a conflict of interest with the
applicant. The Superintendent shall conduct an additional onsite
review of the facility and program within three years of the
effective date of the certification, unless the Superintendent
conditionally certifies the nonpublic, nonsectarian school or agency,
or unless the Superintendent receives a formal complaint against the
nonpublic, nonsectarian school or agency. In the latter two cases,
the Superintendent shall conduct an onsite review at least annually.
(2) In carrying out this subdivision, the Superintendent may
verify that the nonpublic, nonsectarian school or agency has received
a successful criminal background check clearance and has enrolled in
subsequent arrest notice service, pursuant to Section 44237, for
each owner, operator, and employee of the nonpublic, nonsectarian
school or agency.
(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, nonsectarian school or agency for a period longer than
one year.
(g) Certification becomes effective on the date the nonpublic,
nonsectarian school or agency meets all the application requirements
and is approved by the Superintendent. Certification may be
retroactive if the nonpublic, nonsectarian school or agency met all
the requirements of this section on the date the retroactive
certification is effective. Certification expires on December 31 of
the terminating year.
(h) The Superintendent annually shall review the certification of
each nonpublic, nonsectarian school and agency. For this purpose, a
certified nonpublic, nonsectarian school or agency annually shall
update its application between August 1 and October 31, unless the
state board grants a waiver pursuant to Section 56101. The
Superintendent may conduct an onsite review as part of the annual
review.
(i) (1) The Superintendent shall conduct an investigation of a
nonpublic, nonsectarian school or agency onsite at any time without
prior notice if there is substantial reason to believe that there is
an immediate danger to the health, safety, or welfare of a child. The
Superintendent shall document the concern and submit it to the
nonpublic, nonsectarian school or agency at the time of the onsite
investigation. The Superintendent shall require a written response to
any noncompliance or deficiency found.
(2) With respect to a nonpublic, nonsectarian 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, nonsectarian 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, nonsectarian school, and the contracting
local educational agency.
(3) Violations or noncompliance documented pursuant to paragraph
(1) or (2) shall be reflected in the status of the certification of
the nonpublic, nonsectarian school or agency, at the discretion of
the Superintendent, pending an approved plan of correction by the
nonpublic, nonsectarian school or agency. The department shall retain
for a period of 10 years all violations pertaining to certification
of the nonpublic, nonsectarian school or agency.
(4) In carrying out this subdivision, the Superintendent may
verify that the nonpublic, nonsectarian school or agency received a
successful criminal background check clearance and has enrolled in
subsequent arrest notice service, pursuant to Section 44237, for each
owner, operator, and employee of the nonpublic, nonsectarian school
or agency.
(j) The Superintendent shall monitor the facilities, the
educational environment, and the quality of the educational program,
including the teaching staff, the credentials authorizing service,
the standards-based core curriculum being employed, and the
standard-focused instructional materials used, of an existing
certified nonpublic, nonsectarian school or agency on a three-year
cycle, as follows:
(1) The nonpublic, nonsectarian school or agency shall complete a
self-review in year one.
(2) The Superintendent shall conduct an onsite review of the
nonpublic, nonsectarian school or agency in year two.
(3) The Superintendent shall conduct a followup visit to the
nonpublic, nonsectarian school or agency in year three.
(k) (1) Notwithstanding any other law, the Superintendent shall
not certify a nonpublic, nonsectarian school or agency that proposes
to initiate or expand services to pupils currently educated in the
immediate prior fiscal year in a juvenile court program, community
school pursuant to Section 56150, or other nonspecial education
program, including independent study or adult school, or both, unless
the nonpublic, nonsectarian school or agency notifies the county
superintendent of schools and the special education local plan area
in which the proposed new or expanded nonpublic, nonsectarian school
or agency is located of its intent to seek certification.
(2) The notification shall occur no later than the December 1
before the new fiscal year in which the proposed or expanding school
or agency intends to initiate services. The notice shall include the
following:
(A) The specific date upon which the proposed nonpublic,
nonsectarian school or agency is to be established.
(B) The location of the proposed program or facility.
(C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community school, or
other nonspecial education program, the current school services
including special education and related services provided for these
pupils, and the specific program of special education and related
services to be provided under the proposed program.
(D) The reason for the proposed change in services.
(E) The number of staff who will provide special education and
designated instruction and services and hold a current valid
California credential or license in the service rendered.
(3) In addition to the requirements in subdivisions (a) to (f),
inclusive, the Superintendent shall require and consider the
following in determining whether to certify a nonpublic, nonsectarian
school or agency as described in this subdivision:
(A) A complete statement of the information required as part of
the notice under paragraph (1).
(B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency, including
information related to changes in the population to be served and the
services to be provided pursuant to each pupil's individualized
education program.
(4) Notwithstanding any other law, the certification becomes
effective no earlier than July 1 if the nonpublic, nonsectarian
school or agency provided the notification required pursuant to
paragraph (1).
( l ) (1) Notwithstanding any other law, the
Superintendent shall not certify or renew the certification of a
nonpublic, nonsectarian school or agency, unless all of the following
conditions are met:
(A) The entity operating the nonpublic, nonsectarian school or
agency maintains separate financial records for each entity that it
operates, with each nonpublic, nonsectarian school or agency
identified separately from any licensed children's institution that
it operates.
(B) The entity submits an annual budget that identifies the
projected costs and revenues for each entity and demonstrates that
the rates to be charged are reasonable to support the operation of
the entity.
(C) The entity submits an entitywide annual audit that identifies
its costs and revenues, by entity, in accordance with generally
accepted accounting and auditing principles. The audit shall clearly
document the amount of moneys received and expended on the
educational program provided by the nonpublic, nonsectarian school.
(D) The relationship between various entities operated by the same
entity are documented, defining the responsibilities of the
entities. The documentation shall clearly identify the services to be
provided as part of each program, for example, the residential or
medical program, the mental health program, or the educational
program. The entity shall not seek funding from a public agency for a
service, either separately or as part of a package of services, if
the service is funded by another public agency, either separately or
as part of a package of services.
(2) For purposes of this section, "licensed children's institution"
has the same meaning as it is defined by Section 56155.5.
(m) (1) The nonpublic, nonsectarian school
or agency shall be charged a reasonable fee for certification. The
Superintendent may adjust the fee annually commensurate with the
statewide average percentage inflation adjustment computed for local
control funding formula allocations pursuant to Section 42238.02, as
implemented by Section 42238.03, of unified school districts with
greater than 1,500 units of average daily attendance if the
percentage increase is reflected in the school district local control
funding formula allocation pursuant to Section 42238.02, as
implemented by Section 42238.03, for inflation purposes. For purposes
of this section, the base fee shall be the following:
(1) 1-5 pupils ........................... $ 300
(2) 6-10 pupils .......................... 500
(3) 11-24 pupils ......................... 1,000
(4) 25-75 pupils ......................... 1,500
(5) 76 pupils and over ................... 2,000
The
(2) The nonpublic, nonsectarian
school or agency shall pay this fee when it applies for certification
and when it updates its application for annual renewal by the
Superintendent. The Superintendent shall use these fees to conduct
onsite reviews, which may include field experts. A fee shall not be
refunded if the application is withdrawn or is denied by the
Superintendent.
(n) (1) Notwithstanding any other law, only those nonpublic,
nonsectarian schools and agencies that provide special education and
designated instruction and services using staff who hold a
certificate, permit, or other document equivalent to that which staff
in a public school are required to hold in the service rendered are
eligible to receive certification. Only those nonpublic, nonsectarian
schools or agencies located outside of California that employ staff
who hold a current valid credential or license to render special
education and related services as required by that state shall be
eligible to be certified.
(2) The state board shall develop regulations to implement this
subdivision.
(o) In addition to meeting the standards adopted by the state
board, a nonpublic, nonsectarian school or agency shall provide
written assurances that it meets all applicable standards relating to
fire, health, sanitation, and building safety.
(p) (1) Notwithstanding subdivision (n) of Section 44237, and for
purposes of enabling the Superintendent to carry out his or her
duties pursuant to this section, a nonpublic, nonsectarian school or
agency shall, upon demand, make available to the Superintendent
evidence of a successful criminal background check clearance and
enrollment in subsequent arrest notice service, conducted pursuant to
Section 44237, for each owner, operator, and employee of the
nonpublic, nonsectarian school or agency.
(2) The nonpublic, nonsectarian school or agency shall retain the
evidence and store it in a locked file separate from other files.
SECTION 1. Section 15100 of the Education Code
is amended to read:
15100. Except as otherwise provided by law, the governing board
of a school district or community college district may, when in its
judgment it is advisable, and shall, upon a petition of the majority
of the qualified electors residing in the school district or
community college district, order an election and submit to the
electors of the school district or community college district the
question whether the bonds of the school district or community
college district shall be issued and sold for the purpose of raising
money for the following purposes:
(a) The purchasing of school lots.
(b) The building or purchasing of school buildings.
(c) The making of alterations or additions to the school building
or buildings other than as may be necessary for current maintenance,
operation, or repairs.
(d) The repairing, restoring, or rebuilding of a school building
damaged, injured, or destroyed by fire or other public calamity.
(e) The supplying of school buildings and grounds with furniture,
equipment, or necessary apparatus of a permanent nature.
(f) The permanent improvement of the school grounds.
(g) The refunding of outstanding valid indebtedness of the school
district or community college district, evidenced by bonds, or of
state school building aid loans.
(h) The carrying out of the projects or purposes authorized in
Section 17577.
(i) The purchase of schoolbuses the useful life of which is at
least 20 years.
(j) The demolition or razing of a school building with the intent
to replace it with another school building, whether in the same
location or in any other location.
Any one or more of the purposes enumerated, except that of
refunding outstanding valid indebtedness of the school district or
community college district evidenced by bonds, may, by order of the
governing board of the school district or community college district
entered in its minutes, be united and voted upon as one single
proposition.