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2015-16 Accomplishments - Statewide

During 2015-16, CAPSES has been engaged in the legislative, regulatory, and policy processes on critical issues that impact CAPSES member schools and agencies, and the individuals with disabilities they serve. 

CAPSES initiated language to eliminate an outdated code prohibiting a person employed by a Local Educational Agency (LEA) within the last 365 days to be hired by Nonpublic Agencies that contract with an LEA for special education related services. California nonpublic agency recruiting, hiring, and training efforts have been heavily impacted by the outdated code. The language, with the assistance of Senator Mark Leno, D-San Francisco, was included in SB-828 School Finance: Education Omnibus Trailer Bill (Committee on Budget and Fiscal Review).  On July 27, 2016, Governor Jerry Brown approved the bill, effective on July 1, 2016, allowing NPAs to hire individuals employed by LEAs without the restrictions imposed by the outdated code.  

CAPSES and Spectrum Schools sponsored legislation authored by  Assembly Member  Patrick O’Donnell, Chair of the  Assembly Education  Committee.   AB-1918 will allow the use of “Temporary County Certificates” by credentialed nonpublic school employees during the period between submitting an application for initial/renewal of a California Teaching Credential by the CTC and the receipt of that credential.”   The bill also proposes that the CTC will honor “requests to expedite the processing of applications received from nonpublic schools.”   Governor Brown approved AB 1918 on August 17, 2016.   This legislation will assist in expediting the special education teacher credentials for nonpublic schools. 

CAPSES worked with the California Association for Behavior Analysis (CalABA) to amend the bill AB-1715 (Holden) to acknowledge Public and Nonpublic Schools and Agencies’ role in behavior support for Students with Disabilities. The bill was withdrawn from further consideration by the author and the sponsor with hopes to reintroduce the bill at a later time. 

CAPSES supported a Joint Legislative Audit of AB-114 which transferred responsibility for IEP-driven children’s mental health services from county mental health agencies to public school districts.

CAPSES remains committed to our involvement in statewide legislative, regulatory, and policy processes as a pledge to our mission to “maximize the potential for individuals with disabilities by advocating for them in public policy, and promoting high-quality instruction, guidance, therapy and staff development.

CAPSES met with the California Department of Education (CDE) to assure that Nonpublic Schools have access to common core curriculum at the same cost that public school districts pay for their curriculum and instructional materials.  Also, CAPSES ensures that nonpublic schools have access to the Digital Library and the Smarter Balance Assessment System as appropriate for our pupils.

CAPSES has been an active participant in the 2015-16 and 2016-17 California State Budgets.

CAPSES actively participated in the Proposed Title 5 Regulations, which align the California Code of Regulations with Federal Regulations and Qualifications.

CAPSES was actively involved in the California Commission on Teacher  Credentialing (CCTC) Task Force for Special Education to review and discuss changes in special education, make policy recommendations for change to credentials, and make planning recommendations for changes to the Commission on Teacher Credentials.

CAPSES is actively involved in the California Private School Advisory Committee (CPSAC). The California Private School Advisory Committee’s focus is to ensure that private schools assist the State Superintendent of Schools in policy development regarding private schools, advise on state and federal statutory and regulatory issues, and make recommendations for the use of private school funding through the Individuals with Disabilities Education Act (IDEA) and the Every Student Succeeds Act (ESSA).

CAPSES is actively involved with and on the board of the California Association of Private School Organizations (CAPSO).   CAPSO is the voice of K-12 private education in California. CAPSO is instrumental in supporting CAPSES initiatives and monitoring California private school legislation. CAPSO unifies twenty-one private school organizations to help support or oppose state and federal legislation, policy, and regulations, as indicated.

2015-16 Accomplishments - Southern California Region

CAPSES Region representatives worked to improve the contract language in the 2016-2017 Los Angeles Unified School District (LAUSD) and Greater Los Angeles Area SELPAS (GLAAS) master contracts for nonpublic schools and agencies, including the removal of language that would require the immediate removal of staff for any allegations of misconduct, and the addition of language to protect schools from conducting costly assessments for LEAs without compensation.

Southern California Regions developed and implemented a new rate negotiation process with GLAAS that is currently in its second year. Some schools who participated in the process have received higher rate increases. 

LA area CAPSES board members representing nonpublic schools and agencies established meetings with the Executive Director of Operations for LAUSD. Topics discussed included changes to the referral process, the need for the increase in related service rates, and organizational and staffing changes at LAUSD. The process for rate negotiations with LAUSD for both nonpublic schools and nonpublic agencies is in development.  This new process is expected for the 2017-2018 school year.

On December 15, 2015, the LA Board of Education canceled school in response to a terrorist threat.   Reclassified by LAUSD as a non-instructional day for all Districts and Charter Schools, the NPA calendar was not adjusted.  CAPSES board president Dan Maydeck submitted a letter to the District, stating that “nonpublic agencies can be reimbursed for the provision of services on 12/15/2015, incurred on behalf of the students of LAUSD, in accordance with the terms of our Master Contract.”  Soon after, LAUSD sent a letter to contracting nonpublic agencies with information about the types of services that were eligible for payment and how to submit a billing claim. 

Fox Sports aired a news story featuring CAPSES San Diego Sports League.  The league was started 21 years ago and has grown from four schools to thirteen schools.  Participation provides students the opportunity to play league sports who might otherwise be excluded. CAPSES Board of Directors praised the league for displaying a positive view of NPS students and for inspiring students to succeed.

The CAPSES San Diego region members worked to establish a process to negotiate rates and to modify the language to the Master Contract to satisfy the requirements of the California Department of Education. 

2015-16 Accomplishments - Northern California Region

Across Northern California, participation in region meetings grew as an increasing number of members united to advocate for public policy, legislation, and quality education services for special needs students.  CAPSES region representatives worked in critical ways to address issues impacting member organizations and the students they serve.                                                                                                                                                              

In 2015-16, the Bay Area experienced a high turnover of Special Education Local Plan Area Administrators (SELPA).  CAPSES nonpublic school and agency members serving as representatives for the Bay Area Consortium worked to ensure a smooth transition for incoming SELPA administrators. Through their strong historical knowledge and willingness to preserve the vital role of the Consortium, CAPSES representatives worked to guarantee consistency and to ease the potential impact of such changes on nonpublic schools and agencies in the region. Additionally, the group worked to add an appeals opportunity successfully to the Bay Area Consortium rate process.

Recognizing the shortage of qualified professionals to meet the needs of students with disabilities, CAPSES Nonpublic Schools and Agencies in the Bay Area turned to one another as resources to help fill the vacancies in much-needed related services positions.  

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