Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2133

Introduced by Assembly Member Chávez

February 20, 2014

An act to amend Section begin delete 15100 end delete begin insert 56366.1 end insert of the Education Code, relating to begin delete school district and community college district bonds end delete begin insert special education end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2133, as amended, Chávez. begin delete School district and community college district bonds. end delete begin insert Special education: nonpublic, nonsectarian schools or agencies: certification. end insert

begin insert 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 end insert begin insert to file an application, including specified information, with the Superintendent. end insert

begin insert

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.

end insert begin insert

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.

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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.

end delete begin delete

This bill would make nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 56366.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin insert acknowledging end insert that they have been notified of the
intent to certify or renew certification. The begin delete verification end delete
begin insert acknowledgment end insert 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 begin delete signed verification end delete
begin insert acknowledgment end insert 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 begin delete applicant has not received a response from the end delete local
educational agency begin insert has not acknowledged the applicant’s intent
to be certified end insert 60 calendar days from the date of the begin delete return receipt end delete
begin insert submission end insert for initial applications or 30 calendar days from the
date of the begin delete return receipt end delete begin insert submission end insert for renewal applications, the
applicant may file the application with the Superintendent. begin delete A copy
of the return receipt shall be included with the application as
verification of notification efforts to the local educational agency. end delete

(3) The department shall begin delete mail end delete begin insert provide electronic notification
of the availability of end insert 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)  begin insert (1) end insert begin insert   end insert 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

 

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The

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begin insert (2) end insert begin insert   end insert begin insert The end insert 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.

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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.

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