Bill would tighten oversight of out-of-state nonpublic schools and limit restraints after survivor testimony

Sen. Shannon Grove presented Senate Bill 373 to the Assembly Education Committee, saying the bill would add safeguards for California students placed in nonpublic schools (NPS), especially out-of-state facilities used for students with individualized education programs (IEPs).

Grove described a sequence of recent legislative and administrative efforts—AB 153 (ending many out-of-state foster placements), a state $8 million investment to bring foster youth back to California and last year’s SB 1043—to explain why new protections remain necessary for students placed in NPS settings by local educational agencies (LEAs) or the California Department of Education (CDE).

The bill responds to a WestEd study commissioned by the CDE that, Grove said, found “significant confusion about state and local entity roles and responsibilities with respect to monitoring and oversight” of out-of-state placements. SB 373 would standardize LEA oversight, require annual on-site visits to every out-of-state NPS serving California students, mandate in-person interviews aligned with each student’s IEP, require quarterly phone calls between LEA staff and students, and expand CDE certification criteria to screen for signs of abuse, neglect, and mistreatment.

Grove said the measure would also ban prone, supine and mechanical restraints, require annual staff training in evidence-based behavioral interventions, create clearer complaint processes for parents, and mandate internal NPS policies on restraint and seclusion.

Survivors and advocates provided emotional testimony. Avital Van Lewin described being transported at age 16 to Alpine Academy in Utah, said she endured forced medication, restraints and isolation, and said her placement caused lasting trauma and PTSD. Caroline Cole, strategic advocacy lead for an organization associated with Paris Hilton, said California remains a major exporter of children to out-of-state institutions and cited the recently released WestEd report saying more than 300 California students with IEPs remain in out-of-state placements, often in states with fewer protections.

A broad coalition of education and child welfare organizations, local offices of education, disability advocates and survivor witnesses registered support in the hearing room. The California School Boards Association registered its support; the California Alliance of Child and Family Services registered neutral and acknowledged incorporation of some amendments. Committee members described the bill as addressing a substantial oversight gap and several members—after asking about timelines and details of the proposed monitoring—expressed support for moving the measure forward.

The committee took SB 373 under submission while waiting for a quorum earlier in the hearing; after the quorum was called later the committee voted 8–0 to pass SB 373 as amended to Appropriations.