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AB-2263 Special education: nonpublic, nonsectarian schools or agencies: change in certification status: parental notification.(2019-2020)

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Date Published: 02/14/2020 09:00 PM
AB2263:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2263


Introduced by Assembly Member Weber

February 14, 2020


An act to amend Section 56366.4 of the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2263, as introduced, Weber. Special education: nonpublic, nonsectarian schools or agencies: change in certification status: parental notification.
Existing law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies, as defined. 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 the Superintendent to revoke or suspend the certification of a nonpublic, nonsectarian school or agency for specified reasons and requires the Superintendent to notify contracting local educational agencies and the special education local plan area in which the nonpublic, nonsectarian school or agency is located of the determination to suspend or revoke state certification.
This bill would require a contracting local educational agency, within 14 days of becoming aware of any change to the certification status of a nonpublic, nonsectarian school or agency, to inform parents and guardians of pupils who attend the nonpublic, nonsectarian school or agency of the change in certification status, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 56366.4 of the Education Code is amended to read:

56366.4.
 (a) The Superintendent may revoke or suspend the certification of a nonpublic, nonsectarian 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, nonsectarian school or agency that is harmful to the health, welfare, or safety of an individual with exceptional needs.
(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 45 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, nonsectarian school or agency.
(B) Major modification or relocation of facilities.
(C) Significant modification of the nonpublic, nonsectarian school or agency program.
(6) Failure to implement recommendations and compliance requirements following an onsite 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) Failure to notify the Superintendent in writing within 10 days of 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 10 days 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, nonsectarian school or agency, the department may immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency.
(c) The Superintendent shall notify contracting local educational agencies and the special education local plan area in which the nonpublic, nonsectarian school or agency is located of the determination to suspend or revoke state certification.
(d) A contracting local educational agency shall, within 14 days of becoming aware of any change to the certification status of a nonpublic, nonsectarian school or agency, inform parents and guardians of pupils who attend the nonpublic, nonsectarian school or agency through email or regular mail of the change in certification status. For purposes of this subdivision, becoming aware of any change in certification status may include, but is not limited to, receiving notification pursuant to subdivision (c) of a determination to suspend or revoke the certification of the nonpublic, nonsectarian school or agency, including, but not limited to, a determination resulting from a department investigation into pupil restraint or seclusion.

(d)

(e) If the Superintendent determines that a nonpublic, nonsectarian school or agency has violated the certification requirements pursuant to this section and revokes the certification, the nonpublic, nonsectarian school or agency; the site administrator, business, organization, or entity involved in the administration of the nonpublic, nonsectarian school or agency whose certification was revoked; and the site administrator, business, organization, or entity whose nonpublic, nonsectarian school or agency certification was revoked at any time previously, shall not be eligible to apply for recertification of the school or agency for two full years from the date of revocation.