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AB 611 – Establishes New Notification Requirements For Change In Certification Status Of Non-Public Schools

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Nov 06, 2023

Existing law permits, under certain circumstances, master contracts to be entered into between local educational agencies or charter schools and nonpublic, nonsectarian schools that have been certified by the Superintendent of Public Instruction for the provision of services to pupils with exceptional needs.  A “nonpublic, nonsectarian school,” means a private, nonsectarian school that enrolls students with exceptional needs pursuant to an individualized education program and is certified by the California Department of Education.  Existing law authorizes the Superintendent to revoke or suspend the certification of a nonpublic, nonsectarian school for specified reasons.  In the event the Superintendent suspends or revokes a certification of a nonpublic, nonsectarian school, the Superintendent must notify the local educational agency or charter school that the nonpublic, nonsectarian school had contracted with of the suspension or revocation.

Assembly Bill 611 (AB 611) requires a contracting local educational agency or charter school to, within 14 days of becoming aware of any change to the certification status of a nonpublic, nonsectarian school, to notify the parents of any pupils of the local educational agency or charter school who attend the nonpublic, nonsectarian school or agency of the change in certification status.  Notifications must be provided through email or regular mail and must include a copy of certain procedural safeguards, which are set forth in Education Code Section 56500.  AB 611 also requires that the local educational agency or charter school maintain a record of the notices given and make the notices available for inspection upon request of the State Department of Education.

(AB 611 adds Section 56366.45 to the Education Code.)

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