Law Office of Michelle Ball Disabilities,Special education/IEP When Is A Non-Public School A Good Idea?

When Is A Non-Public School A Good Idea?


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Last Updated on October 2, 2024 by Michelle Ball

By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995

Non-public schools (aka NPS’s) are somewhat controversial, as they are schools separate from “regular” mainstream schools, for special needs students. Most students never enter an NPS. However, there are times when an NPS may be appropriate. When is a super-restrictive NPS school a good idea?

Aren’t NPS’s Bad for Students?

Many parents believe that NPSs are terrible for students. They may be right. However, it may depend.

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Students may have special needs that can’t be met in their local school

Whether a particular NPS is good or bad for a student will depend on many factors:

  1. The student’s disabilities
  2. The student’s needs
  3. Whether those needs can be met in a comprehensive (regular) or other local school with supports.
  4. Is the student being given the opportunity to strive for high goals in their current placement?
  5. The NPS’s particular student population which they serve (e.g. do they serve Autistic students mainly and the student is Autistic?)
  6. The quality, competence and training of the NPS staff
  7. What services and supports are embedded in the NPS school day and classrooms
  8. The history of the NPS and if it has treated students appropriately.

Not all NPS’s are bad, but they definitely can vary. So, whether an NPS is “bad” or not may depend on that NPS itself, the student in question and their needs.

My Mind Has Been Changed, a Little

I used to think that most NPS’s should be avoided, at all costs. And maybe they should have been, but things have changed a bit since I started helping students in the 1990s.

Over the years, while schools have improved and expanded, I have found that sometimes an NPS may be appropriate. However, only if the NPS is tailored to or can address a student’s unique needs and the local schools cannot meet the student’s needs adequately.

For example, if an Autistic student may not be able to participate in general education or any education at their school, even with a lot of support (for example, 2 aides), it may be time to seek a more supportive environment.

Or, if a nonverbal student cannot access the technology, training, and supports they need to navigate their education and communicate with the world in a local school, they may need a specialized environment. For example, one where the staff are trained on AAC (Augmentative and Alternative Communication) devices, which are devices to help a nonverbal student communicate with others.

NPSs are definitely not for all students. Usually, it is better to try to exhaust supports available in the local school district first, and attempt to maximize mainstreaming. However, that does not always work and an NPS can be necessary to help a student advance.

Evaluation of the Individual NPS Site Is Important

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Evaluating an NPS site is important to ensure a good fit.

If an NPS placement is being offered or discussed, parents need to do their due diligence.

Parents should go visit any and all NPS placements offered or available to ensure a good fit for the student. Depending on the area, sometimes there are limited options, which makes it more difficult to find an appropriate NPS.

But, unless families want to move or place a student residentially, they may have to choose from the locally available NPS options.

On the other hand, some regions have an abundance of NPS schools for students. For example, in the San Francisco Bay Area, there tend to be far more options for an Autistic student than in the Sacramento area, as many more established schools exist.

Parents have to decide what meets the student’s needs and if they will accept an NPS or keep struggling in the local school with supports.

When is an NPS Better for a Student?

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Whether a parent should try for an NPS depends on the student and what the school can provide locally.

An NPS is better for a student when they cannot adequately participate in their education within their local school district with all available supports in place.

An NPS may also be appropriate when a student needs a high level of specialized support staff in place the entire school day. These staff, who are often just part of NPS classrooms, may specialize in e.g. behavior, mental health, speech and language, occupational therapy (OT), or other pertinent areas.

Some NPSs also focus on specific populations, and their needs, such as the Deaf population, and can provide very specific education to help those students advance. This type of NPS may be appropriate and can result in a student who was struggling in their local school, suddenly thrive.

Many school districts ignore NPS placements, as they don’t want to pay for them. They instead place students in cruddy SDC classrooms where they are babysat all day with little advancement.

Parents need to communicate for the student and demand an NPS when needed.


Student lawyer Michelle Ball assists California students with special education needs and has focused on education law since 1995. As a highly specialized student attorney, she has a lot of experience dealing with California schools. She can assist throughout California border to border, from Fort Bragg to San Diego, Monterey to Tahoe and all other areas in the state.

Additional reading: Getting An NPS Placement For A Special Ed Student