Last Updated on September 18, 2024 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
When is it time for a nonpublic school (NPS) for a special education student? How does a parent get an NPS placement?
What is a Non-Public School (NPS)?
A nonpublic school (NPS) is typically a government funded specialized school for students who require more interventions and supports than the traditional school system can provide.
Per the California Education Code section 56034, an NPS is:
“Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board.
Basically, an NPS is a special school which students can attend when the schools in their local school district just cannot support their needs.
Who Funds NPS Student Placements?
School districts fund student NPS placements.
To attend, usually the IEP (Individualized Education Program) team places a student after the NPS necessity is reflected in a written IEP plan.
NPSs may or may not have private funding options. This means they may or may not accept students whose tuition is paid for by parents.
How to Get an NPS? It Ain’t Easy
Getting an NPS isn’t always the easiest thing to do. Yes, once in a while, parents will find that a student’s behavior has deteriorated so much that a school district will offer an NPS on their own.
However, many times, parents have to fight for an NPS. Fighting begins by using the school district’s records against them to prove the student’s need to attend an NPS.
For example, has the student been sent home 20 times in 40 school days even though they have a full time aide? This is not acceptable. Clearly, the school district is not meeting the student’s needs.
Or, has a nonverbal student been relegated to a corner with their AAC (Augmentative and Assistive Communication) device ignored? Is the student not receiving adequate training on the AAC device? This may mean the student is in the wrong placement. The student may need a placement where all the staff are properly trained and there are appropriate supports throughout the day. This may mean an NPS.
Parents can use these facts to persuade the IEP team that a student needs an NPS.
Parents May Need Their Own Team
To support an NPS placement, parents may need to bring in their own advisors in. This is especially true if the school IEP team is ignoring the parent’s requests. Those advisors can offer their own insight and reports supporting the student’s need for an NPS.
Parents may want to involve a private behaviorist, psychologist, speech therapist, etc. to observe the student and recommend an NPS placement at the IEP meeting.
With the school records supporting placement plus professionals recommending an NPS, the student’s chances of being placed in an NPS are increased.
Student lawyer Michelle Ball assists parents to navigate the SDC and IEP processes. As an education attorney since 1995, she has a lot of experience addressing school problems. She assists in Valley Center, Meadow Vista, Truckee, Yuba City, King City and many other California locations.
