Cal. Codes » Education Code / TITLE 2. ELEMENTARY AND SECONDARY EDUCATION / DIVISION 4. INSTRUCTION AND SERVICES / PART 30. SPECIAL EDUCATION PROGRAMS / CHAPTER 1. General Provisions / ARTICLE 2. Definitions
California Codes

Cal. Education Code § 56034 (2026)

Definitions — General Provisions

✓ current as of May 2026
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“Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2019–2025 · leading case: B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019).
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B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019). “Journey, a nonpublic high school, approved by the California Department of Education ( Ed. Code, § 56034 ), is affiliated with and located on the TLC campus.”
Chaya Loffman v. California Dep't of Educ., 119 F.4th 1147 (9th Cir. 2024). “” Cal. Educ. Code § 56034 . Under a master contract with a local educational agency, NPSs “provide the appropriate special educational facilities, special education, or designated instruction and services required by the individual with exceptional needs if no appropriate public…”
B.H. v. Manhattan Beach Sch. Dist. (Cal. Ct. App. 2019). “Journey, a nonpublic high school, approved by the California Department of Education (Ed. Code, § 56034), is affiliated with and located on the TLC campus.”
C.R. v. Elk Grove Unified Sch. Dist. (E.D. Cal. 2025). “” Cal. Educ. Code § 56034 . 21 Nonpublic schools provide services to these students when their traditional public school cannot 22 accommodate the students’ IEPs.”
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