SB 373: Special education: nonpublic, nonsectarian schools or agencies.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires, in accordance with specified federal laws, parents to be given a copy of their rights and procedural safeguards, as specified.

This bill would require pupils to also be given a copy of their rights and procedural safeguards. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2)Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by nonpublic, nonsectarian schools or agencies, as defined. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified by the Superintendent of Public Instruction as meeting specified standards relating to special education and related services and facilities for individuals with exceptional needs. Existing law requires, before certification, the Superintendent to conduct an onsite review of the facility and program for which the applicant seeks certification, as specified.

This bill, commencing with the 2026–27 school year, would require the Superintendent, before certifying a nonpublic, nonsectarian school located outside of California, to take additional actions, including, among other things, to review policies on restraint and seclusion to evaluate consistency with California laws. The bill would require, during an onsite review of a nonpublic, nonsectarian school located outside of California, the Superintendent to interview all pupils with individualized education programs to discuss progress and address any concerns respecting any limitations due to the pupils’ disabilities, as specified. The bill would require the Superintendent, by July 1, 2026, to develop a tool for purposes of the interviews, as provided, and would require the tool to be made available to local educational agencies for their own use, which the bill would authorize.

Existing law requires a nonpublic, nonsectarian school or agency that seeks certification to file an application with the Superintendent on forms provided by the State Department of Education, and to include specified information on the application.

This bill would add assurances of compliance with specified laws relating to behavioral interventions to be included in that required information on the application.

Sponsors

Sponsors by party (alphabetical): Democratic 2 · Republican 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 10, 2025Chaptered by Secretary of State. Chapter 579, Statutes of 2025.
2. October 10, 2025Approved by the Governor.
3. September 22, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 11, 2025Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2902.) Ordered to engrossing and enrolling.
5. September 8, 2025In Senate. Concurrence in Assembly amendments pending.
6. September 8, 2025Read third time. Passed. (Ayes 78. Noes 0. Page 3002.) Ordered to the Senate.
7. September 4, 2025Ordered to third reading.
8. September 4, 2025Read third time and amended.
9. September 3, 2025Read second time. Ordered to third reading.
10. September 2, 2025Read second time and amended. Ordered to second reading.
11. August 29, 2025From committee: Do pass as amended. (Ayes 15. Noes 0.) (August 29).
12. August 20, 2025August 20 set for first hearing. Placed on APPR. suspense file.