Special education: nonpublic, nonsectarian schools or agencies.
Summary
(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. Existing law requires, commencing with the 2020–21 school year, a local educational agency that enters into a master contract with a nonpublic, nonsectarian school to conduct at least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency has a pupil attending and with which it maintains a master contract. Existing law requires the monitoring visit to include, among other things, an observation of the pupil during instruction and a walkthrough of the facility. Existing law requires the local educational agency to report the findings resulting from the monitoring visit to the department within 60 calendar days of the onsite visit. Existing law requires, before June 30, 2020, the department to, with input from special education local plan area administrators, create and publish criteria for reporting this information to the department. This bill would require the monitoring visit to include, for a pupil placed in a nonpublic, nonsectarian school located outside of California, an in-person interview with the pupil, in a manner consistent with the pupil's individualized education program, to evaluate the pupil's health and safety. The bill would require the local educational agency to report the findings resulting from the monitoring visit to the department using a specified form developed and published by the department on its internet website. The bill would require, on or before July 1, 2026, the department to update the form to require, for nonpublic, nonsectarian schools located outside of California, additional findings to be reported to the department. The bill would also require the local educational agency to conduct a quarterly check-in with a pupil attending the nonpublic, nonsectarian school located outside of California through an unmonitored telephone call in a manner consistent with the pupil's individualized education program. Existing law requires the Superintendent to make a determination on an application for certification within 120 days of receipt of the application and to certify, conditionally certify, or deny certification to the applicant. If certification is denied, existing law requires the Superintendent to provide reasons for the denial. This bill, commencing with the 2026–27 school year, would require, for a nonpublic, nonsectarian school located outside of California, the Superintendent to make available, upon request from a local educational agency or special education local plan area, specified information and documentation relating to certification, if available. The bill would require a local educational agency to disclose the information received, if available, to the parent or guardian at the time the individualized education program team considers placement of the pupil in a nonpublic, nonsectarian school or agency, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law requires a nonpublic, nonsectarian school to ensure private and confidential communication between a pupil of the nonpublic, nonsectarian school and members of the pupil's individualized education program team, at the pupil's discretion. This bill would explicitly require a nonpublic, nonsectarian school to ensure privacy and confidentiality of telecommunication in this circumstance and would require a nonpublic, nonsectarian school to also ensure private and confidential communication between a pupil and the department's Constituent Services Office. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2025
Committee Review
Jun 2025
Senate Passage
May 2025
Assembly Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Feb 13, 2025
Signed Oct 10, 2025
Maddy AI version diff · 8 comparisons
What changed between versions
09/04/25 - Amended Assembly
→
09/16/25 - Enrolled
·
4 edits
·
Sep 16, 2025
MODERATE
The changes between the Amended Assembly version and the Enrolled version of SB 373 are primarily technical and formatting in nature. The amendment tracking dates, author information, and line numbers were removed and replaced with Senate and Assembly passage dates (September 11 and September 8, 2025 respectively) and Governor's receipt language. One minor typo was corrected: 'deescalation de-escalation' was changed to 'de-escalation.' No substantive policy changes were made.
TECHNICAL
Corrected a duplicated word in Section 56366.1(a)(4)(C)(iii): 'deescalation de-escalation techniques' was changed to 'de-escalation techniques.'
Removed amendment tracking dates (July 7, July 17, September 2, September 4, 2025), author/coauthor names, and the February 13, 2025 introduction date from the bill header.
Added passage dates: 'Passed the Senate September 11, 2025' and 'Passed the Assembly September 8, 2025,' along with Governor's receipt language and Secretary/Chief Clerk signature blocks.
Removed line numbers (line 1 through line 40) from the statutory text and renumbered pages from 94 to 93, reflecting standard enrolled bill formatting.
Floor votes · Senate May 29, 2025 · Assembly Sep 8, 2025
How they voted
38–0
Passed · 2 other
Total votes 40
May 29, 2025
D
Democratic30
93% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
13
Committee
5
Amendments
9
Oct 10, 2025
Signed into law
Approved by the Governor.
legislature
Sep 11, 2025
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2902.) Ordered to engrossing and enrolling.
upper
Sep 8, 2025
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 8, 2025
Lower · Passed
Read third time. Passed. (Ayes 78. Noes 0. Page 3002.) Ordered to the Senate.
lower
Sep 4, 2025
Lower · Passed
Read third time and amended.
lower
Sep 2, 2025
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 29, 2025
Lower · Passed
From committee: Do pass as amended. (Ayes 15. Noes 0.) (August 29).
lower
Jul 17, 2025
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 17, 2025
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 16).
lower
Jul 7, 2025
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
lower
Jun 5, 2025
Committee
Referred to Com. on ED.
lower
May 29, 2025
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 1326.) Ordered to the Assembly.
upper
May 23, 2025
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0. Page 1198.) (May 23).
upper
Apr 9, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 735.) (April 9). Re-referred to Com. on APPR.
upper
Apr 2, 2025
Committee
Re-referred to Com. on ED.
upper
Mar 26, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 26, 2025
Committee
Referred to Com. on RLS.
upper
Feb 13, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Shannon Grove
RRepublican
Co
Darsh Patel
DDemocratic
Co
Susan Rubio
DDemocratic
Co
Tom Lackey
RRepublican
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