What is a Nonpublic Agency? Why Use One?

A nonpublic agency is a designation made by the special education division of the California Department of Education.

There are three reasons why this is important.

First, school districts and schools may only use special education dollars to pay for speech and language services if the provider is a nonpublic agency. Most speech therapists in private practice are NOT NPAs. Therefore, if a non-public school or a district needs to contract for speech services outside of its employees, they now check to make sure the contractor is a nonpublic agency and request a copy of their current certification.

Second, according to the Nonpublic Schools and Agencies office, the other difficulty with using a retiree, former employee, or licensed speech pathologist in private practice who is not a NPA is in the area of legal protection. In order to become a NPA, agencies must provide substantial documentation regarding such areas as fingerprinting, TB tests, record keeping, maintenance of licensing and credentialing requirements, etc. The certification is proof that we as an agency have satisfied all of these requirements. If a non-public school/district uses a clinician who is not a NPA, they are responsible for ensuring these requirements are met.

Third, if the provider is not a NPA, it is less clear that they are, in fact, a contractor and not a part time employee. Please consult your legal department as to the potential difficulties of this designation in terms of workman’s compensation, EDD, and IRS issues. If you have questions regarding these issues, please call the Nonpublic Schools and Agencies Office at 916-327-3691.

Back