New law requires monitoring of private school contractors
New law requires monitoring of private school contractors
January 20, 2020
Local Educational Agencies should start planning how they will comply with a new state law requiring them to monitor any nonpublic schools where their students are placed, according to Lozano Smith Attorneys at Law.
Late last year, Gov. Gavin Newsom signed Assembly Bill 1172, which imposes additional requirements upon nonpublic schools, as well as the LEAs that place students in NPSs, in order to increase the safety and protection of students in NPS placements.
This legislation was passed following the high-profile death of a 13-year-old special education student, who passed away after being placed in a prone restraint at a private school.
AB 1172 places new monitoring requirements on LEAs that enter into contracts with nonpublic schools and places on nonpublic schools new documentation requirements related to administrator and staff training, as well as new notification requirements for any student-involved incident involving law enforcement. Most of the new requirements imposed by AB 1172 become effective beginning with the 2020-21 school year.
More specifically, AB 1172 amends Education Code section 51225.2 to include the following new requirements placed on LEAs:
- LEAs that enter into master contracts with NPSs must conduct an onsite visit at the NPS before placing a student there if the LEA does not have any students enrolled at the school at the time of placement.
- LEAs must conduct at least one onsite monitoring visit each school year at each NPS in which the LEA has a student attending and with which it maintains a master contract. The monitoring visit should include, but is not limited to: a review of services provided to the student through the individual service agreement between the LEA and the NPS; a review of the progress the student is making towards his/her goals as set forth in their individualized education program and behavioral intervention plan, if applicable; an observation of the student during instruction; and a walkthrough of the facility. Additionally, LEAs will need to report the findings resulting from their monitoring visits to the California Department of Education within 60 calendar days of each onsite monitoring visit.
Takeaways
According to the Legislature, AB 1172 could result in unknown but potentially significant costs to LEAs in conducting the onsite visits of NPSs and the reporting of findings resulting from those visits to the CDE within the specified timeline. School districts should consider identifying or creating a position to conduct the NPS onsite visits, report to the CDE on those visits, and ensure NPS certification when entering into a master contract with an NPS.
Training responsible staff on AB 1172 and the requirements identified in Education Code section 51225.2 is also recommended. School districts are also encouraged to consult with counsel regarding these new requirements, if needed.
For more information or to read this full client news brief, go online to www.lozanosmith.com.
