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Legal Resources | Title 5 |  T5  3060  

Application for Certification   

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(a) Any school, person or agency desiring to obtain certification as a nonpublic school or nonpublic agency shall file an application with the SSPI on forms developed and provided by the CDE.

(b) Applications to be certified as a nonpublic school or a nonpublic agency shall be filed at the time allowed by Education Code section 56366.1(b) and (h).

(c) Each nonpublic school or nonpublic agency application shall include all information required by the CDE's application pursuant to Education Code sections 56366.1(a) and (b) and:

(1) the name and address of the nonpublic school or nonpublic agency;

(2) the name of the administrator and contact person;

(3) the telephone and FAX number and e-mail address;

(4) for nonpublic schools, the name of the teacher(s) with a credential authorizing service in special education;

(5) the types of disabling conditions served;

(6) the age, gender and grade levels served;

(7) the total student capacity of the program;

(8) a brief description of the program including entrance criteria and exit criteria for transition back to the public school setting, and specific services designed to address student needs as listed on the student's IEP;

(9) for nonpublic schools, SBE-adopted core-curriculum (K-8) and standards-aligned core-curriculum (9-12) and instructional materials used by general education students;

(10) per hour, per day or monthly fees for services provided;

(11) written directions and a street map describing the location of the nonpublic school from the major freeways, roads, streets, thoroughfares and closest major airport;

(12) annual operating budget, including projected costs and revenues for each agency and school program, providing documentation that demonstrates that the rates to be charged are reasonable to support the operation of the agency or school program;

(13) an entity-wide audit in accordance with generally accepted accounting and auditing principles including each entity's costs and revenues by individual cost center;

(14) a list of all qualified staff, including subcontractors identifying their assignment and qualifications in providing services to pupils;

(15) tuberculosis clearance dates for all staff;

(16) criminal record summary or criminal history clearance dates for all staff, including subcontractors, who have contact with pupils;

(17) a list of contracting LEAs for whom the applicant has a contract to provide school and/or related services;

(18) for out-of-state applicants, a copy of the current certification or license by the state education agency to provide education services to individuals with exceptional needs under the Individuals with Disabilities Education Act;

(19) a copy of the current school year calendar weekly class schedule, and daily schedule with number of instructional minutes by each grade level served;

(20) a fire inspection clearance completed within the past 12 months;

(21) For new or relocating nonpublic schools, the following documents shall be available for inspection during any onsite visit made by the CDE:

(A) a copy of a business license (if applicable);

(B) a written disaster and mass casualty plan of action;

(C) a building safety inspection clearance; and

(D) a health inspection clearance.

(22) For each nonpublic school with a residential component the application shall include:

(A) the name of the residential program attached to the nonpublic school;

(B) the proprietary status of the residential program;

(C) a list of all residential facilities affiliated with the nonpublic school;

(D) the total capacity of all the residential facilities affiliated with the nonpublic school;

(E) the rate classification level (California schools only) for each residential facility affiliated with the nonpublic school; and

(F) a copy of the current residential care license.

(d) The applicant shall submit a signed assurance statement that the nonpublic school will maintain compliance with the following:

(1) Fair Employment Act;

(2) Drug Free Workplace Act;

(3) Section 504 of the Rehabilitation Act;

(4) Individuals with Disabilities Education Act;

(5) Civil Rights Act;

(6) Nonsectarian status;

(7) Prohibition of Corporal Punishment of Pupils under Education Code section 49001; use of Positive Behavioral Interventions pursuant to Education Code sections 56520 through 56525;

(8) OSHA Bloodborne Pathogens Standards;

(9) all local, county, or state ordinances and/or statutes relating to fire, health, sanitation, and building safety;

(10) use permit, conditional permit or zoning; and

(11) other assurances as required by state or federal law set forth in an assurance statement in the nonpublic school or nonpublic agency application for certification.

(e) The applicant shall submit, with the application, a fee in accordance with Education Code section 56366.1(m).

(f) No fee shall be refunded to the applicant if the application is withdrawn or if the SSPI denies the application.

(g) Applicants shall submit a separate application for each nonpublic school or nonpublic agency site pursuant to Education Code section 56366.1(c).

Authority cited:

Education Code 33031

Education Code 56100


Education Code 49001

Education Code 56366.1

Education Code 56366.10

Education Code 56520

(Amended by Register 2014, No. 19).