CALIFORNIA DEPARTMENT OF EDUCATION
Nonpublic School Certification Investigation Repon
Case 

 


Donald Gil, Superintendent of Schools

Antioch Unified School District
510 Street, Antioch, CA 94509

 

Special Education Local Plan Area (SELPA) Parents
Brian Ingleby, Director, Ed. D. Various
Contra Costa SELPA
2520 Stanwell Drive
Concord, CA 94520

 

Nonpublic School (NPS) Students
Ray Hairaptian, Administrator Various
Tobinworld 

1413 Street
Antioch, CA 94509

 

NPS Onsite Principal Complaint Received
Sara Forgahni, Principal October 29, 2014
2330 Country Hills Drive
Antioch, CA 94509

 

 

Report E-mailed
August 24, 2015

 

 

INVESTIGATION PROCEDURES

A telephone interview was completed with the Complainant on October 30, 2014.
Subsequent communication was completed by means of e-mail. An unannounced
onsite visit consistent with the requirements specified in California Education Code
(EC) sections and was conducted on January16, 2015. All
documents submitted by the Complainant and the NPS were considered in the
preparation of the report.

LEGAL AUTHORITY FOR CERTIFICATION INVESTIGATION

The Complainant alleges the NPS failed ensure the health, safety, and welfare of
students, in violation of EC Section 

 

 

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SUMMARY OF ALLEGATION ONE
Master Contract – Notification Requirements for Licensed/Credentialed Staff Changes
Specifically, the Complainant alleges the NPS failed to meet requirements set forth in
EC Section 56366.44(a)(5)(A) and master contract provisions as required by California
Code of Regulations, Title 5 (5 CCR) Section 3062(a) and (h), and 3051.23, when it
failed to notify the California Department of Education (CDE) and contracting local
educational agencies (LEA) of a change in licensed and/or credentialed staff who were
providing special education instruction and related services to students attending the
NPS.
APPLICABLE CITATIONS
EC Section 56366.4(a)(5)(A) states:
(5) Failure to notify the department in writing of any of the following within
45 days of the occurrence: . . .
(A) Changes in credentialed, licensed, or registered staff who render
special education and related services, ownership, management, or
control of the nonpublic, nonsectarian school or agency.
5 CCR Section 3051.23 states:
(a) Pursuant to [EC] Section 56520, behavioral interventions shall be
designed or planned only by personnel who have a:
(1) Pupil Personnel Services Credential that authorizes school counseling
or school psychology; or
(2) Credential authorizing the holder to deliver special education
instruction; or
(3) license as a Marriage and Family Therapist certified by the Board of
Behavioral Sciences, within the Department of Consumer Affairs; or
(4) License as a Clinical Social Worker by the Board of Behavioral
Sciences, within the Department of Consumer Affairs; or
(5) License as an Educational Psychologist issued by a licensing agency
within the Department of Consumer Affairs; or
(6) License in psychology regulated by the Board of Psychology, within the
Department of Consumer Affairs; or

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(7) master's degree issued by a regionally accredited post-secondary
institution in education, psychology, counseling, behavior analysis,
behavior science, human development, social work, rehabilitation, or in a
related field.
5 CCR Section 3062 (a) and (h) state:
(a) A master contract shall be used by an LEA for entering into formal
agreements with certified nonpublic schools or nonpublic agencies . . .
(h) Nonpublic schools and agencies shall notify the [State Superintendent
of Public Instruction] and LEAs in writing within 45 days of any change in
credential or licensed personnel. Failure to provide properly qualified
personnel to provide services as specified in the [individualized
educational program] IEP shall be cause for the termination of all
contracts between the LEA and the nonpublic school or nonpublic agency.
FINDINGS OF FACT
Master Contract – Notification Requirements for Licensed/Credentialed Staff Changes
1. In a letter dated October 20, 2014, an attorney representing Tobinworld stated the
following:
Our firm represents Tobinworld. It has just come to our attention that you
may have received some incorrect and defamatory allegations that
Tobinworld currently employs a convicted felon in its staff or
administration. This claim is untrue. . . Tobinworld’s policies and practices
with respect to hiring and employee retention . . . meet all statutory and
industry standards. . . Dr. Israel’s role as a consultant to Tobinworld
complies fully with all aspects of Tobinworld’s policies. . .
2. In an e-mail message to the CDE dated October 29, 2014, the Complainant states:
I have concerns about involvement by Dr. Mathew Israel in the Tobinworld
schools . . . Recently, I discovered Dr. Mathew Israel is allegedly involved
with official duties at his wife’s Tobinworld campuses. In September 2014,
. . . Dr. Richard Couch [Tobinworld Principal] claims that Dr. Mathew Israel
was involved with Tobinworld duties in 2011 until [R. Couch’s] departure in
[the] summer of 2012. . . I am concerned about the health and safety of
students at all three Tobinworld campuses . . .
3. The 2014–15 master contract language states:

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Contractor [NPS] shall notify the CDE and the LEA in writing as specified
in the LEA procedures and CDE within forty-five (45) days when personnel
changes occur with may affect the provision of special education and/or
related services to LEA pupils as specified in the LEA procedures . . .
Contractor shall provide an appropriately credentialed substitute teacher in
the absent teacher’s classroom . . . Contractor shall provide to LEA
documentation of substitute coverage on LEA substitute teacher log.
4. In an e-mail message dated May 29, 2015, in response to the CDE’s question, “Is or
was Mathew Israel ever employed (consultant, contractor, onsite, offsite, paid, or
volunteer) by Tobinworld III . . .” the NPS identified stated: “No. Dr. Matthew Israel
has not, to date, been employed by Tobinworld III.”
5. In the 2014, NPS application for certification, the NPS submitted staff listings using
the California Accountability and Information System (CAIS) on December 4,12, and
18, January 21 and 31, February 10, April 7, May 1, July 16, September 15,
October 15, and December 22, 2014. An addition staff listing was provided for
Tobinworld III on January 21, February 17, March 19, and April 20, 2015. According
to the information provided in the April 7, May 1, and July 16, 2014, staff listing,
Mathew Israel was hired on December 18, 2013. Mathew Israel did not appear on
any staff list for Tobinworld III prior to April 7, 2014, or after July 16, 2014. There was
no evidence of a termination date. Staff lists provided did not identify the specific
service being provided by Mathew Israel.
6. The original certification for Tobinworld III is dated December 6, 2013.
7. On January 16, 2015, the CDE completed an unannounced onsite investigation of
the NPS. CDE consultants interviewed a sample of NPS staff and students
regarding their impression of the health, safety, and well-being of staff and students
at Tobinworld III. Participants in the interviews were asked to identify providers of
behavioral services, teachers, administrators, and other employees by name. NPS
staff interviews were either unaware of who Mathew Israel was, or identified him as
Judy Weber’s husband. There was no indication that any of the four staff or three
students interviewed believed there was a health, safety, or any other issue
regarding the well-being of students attending Tobinworld III.
8. At the time of the onsite investigation, NPS staff were asked to submit evidence
each contracting LEA was notified within the required timeline regarding changes in
licensed and credentialed staff. Evidence was not available.
CONCLUSION
Master Contract – Notification Requirements for Licensed/Credentialed Staff Changes

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Based on the evidence collected, Mathew Israel was employed by the NPS as an
administrator for Tobinworld III on December 18, 2013. While there is no evidence to
support Mr. Israel is providing behavioral intervention services to publically placed
students. Mr. Israel was added to multiple staff lists as an “administrator” of the NPS,
which required notification to the CDE and to contracting LEAs. The NPS failed to meet
the requirements of EC Section 56366.4(a)(5)(A).
The NPS is out of compliance.

SUMMARY OF ALLEGATION TWO
The Complainant alleges the NPS failed to meet special education law certification
requirements and master contract provisions when it allowed Dr. Mathew Israel to serve
students prior to obtaining evidence of Department of Justice (DOJ) criminal
background and tuberculosis clearance information.
APPLICABLE CITATIONS
EC Section 56366.4(a)(3) states:
(a) The Superintendent may revoke or suspend the certification of a
nonpublic, nonsectarian school or agency for any of the following reasons
. . . (3) Conduct in the operation or maintenance of the nonpublic,
nonsectarian school or agency that is harmful to the health, welfare, or
safety of an individual with exceptional needs.
EC Section 44237(a)(2) and (d) state:
(a) Every person, firm, association, partnership, or corporation offering or
conducting private school instruction on the elementary or high school
level shall require each applicant for employment in a position requiring
contact with minor pupils to submit two sets of fingerprints prepared for
submittal by the employer to the [DOJ] for the purpose of obtaining
criminal record summary information from the [DOJ] and the Federal
Bureau of Investigation. . . (2) As used in this section, “employment”
means the act of engaging the services of a person, who will have contact
with pupils, to work in a position at a private school at the elementary or
high school level . . .
(d) An employer shall not employ a person until the [DOJ] completes its
check of the state criminal history file as set forth in this section.
EC Section 49406(a) states:

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(a) (1) (A) Except as provided in subdivision (j), a person shall not be
initially employed by a school district, or employed under contract, in a
certificated or classified position unless the person has submitted to a
tuberculosis [TB] risk assessment within the past 60 days, and, if [TB] risk
factors are identified, has been examined to determine that he or she is
free of infectious [TB] by a physician and surgeon licensed under Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, a physician assistant practicing in compliance with
Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business
and Professions Code, or a nurse practitioner practicing in compliance
with Chapter 6 (commencing with Section 2700) of Division 2 of the
Business and Professions Code. If no risk factors are identified, an
examination is not required. A person who is subject to the requirements
of this subdivision may submit to an examination that complies with
subparagraph (B) instead of submitting to a [TB] risk assessment. . .
Health and Safety Code (HSC) Section 121525(a) states:
(a) Except as provided in Section 121555, a person shall not be initially
employed, or employed under contract, by a private or parochial
elementary or secondary school, or any nursery school, unless that
person produces or has on file with the school a certificate showing that
within the last 60 days the person has submitted to a tuberculosis risk
assessment and, if tuberculosis risk factors are identified, has been
examined and has been found to be free of infectious tuberculosis. If no
risk factors are identified, an examination is not required. A person who is
subject to the requirements of this subdivision may submit to an
examination that complies with the requirements of Section 121530
instead of submitting to a tuberculosis risk assessment.
FINDINGS OF FACT
Department of Justice Clearance Requirement
9.

In an e-mail message to the CDE dated October 29, 2014, the Complainant states:
I am concerned that Dr. Israel may not have completed the Live Scan
Background Check required for persons working or volunteering with
children in our schools. I am concerned that Dr. Israel may have been able
to breach the background check because his wife[,] Judy Weber owns
Tobinworld. I am concerned the custodian of records [COR] for Tobinworld
may not have had Dr. Israel submit to the proper process for the
background check. . .

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10. Evidence provided by the NPS in allegation one above concluded Mathew Israel
was hired on December 18, 2013, as an “administrator” for Tobinworld III. The
April 7, 2014, non-instructional staff listing identified the DOJ clearance date as
December 18, 2013.
11. In an e-mail message dated June 1, 2015, the NPS provided a copy of Mr. Israel’s
California DOJ criminal history. According to the information provided, a clearance
summary was received on February 19, 2015. The DOJ clearance identified no
out-of-state or federal criminal history for Mathew Israel.
Tuberculosis Clearance Requirement
12. The NPS provided a signed letter from Mathew Israel dated January 23, 2015.
In his letter, Mr. Israel cites HSC Section 121475, as justification for his request to
be exempted from the TB clearance requirements due to his beliefs.
13. Chapter 105 of the HSC, Part 5, Chapter 2, Section 121475, applies tuberculosis
testing for students. The law states,
(a) A means for the eventual elimination of [TB]. (b) Persons required to
be tested under this chapter may obtain testing from whatever medial
source they desire . . . (c) Exemptions from [TB] tests because of personal
beliefs.
14. The April 7, 2014, non-instructional staff list identified Mathew Israel’s TB
clearance date as December 18, 2013.
CONCLUSION
Department of Justice Clearance Requirement
Based on the evidence collected, the NPS failed to meet the requirements of
EC Section 44237(a)(2) and (d) when it hired Mathew in December 2013, prior to
obtaining DOJ criminal clearance information. Further, the NPS falsely reported to the
CDE DOJ clearance information dates for Mathew Israel.
Tuberculosis Clearance Requirement
The NPS failed to meet the requirements of EC Section 49406(a) and
HSC Section 121525(a), which requires all persons to submit to a tuberculosis risk
assessment within 60[TB] days of employment. The NPS misapplied HSC when it cited
HSC Section 121475, as justification for not obtaining a [TB] risk assessment and
potential subsequent testing for Mathew Israel which may be deemed appropriate by
medical officials. Further, the NPS falsely reported to the CDE TB clearance information

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for Mathew Israel on the April, May, and July 2014, staff listings, which stated Mathew
Israel received a TB clearance date on December 18, 2013.
The NPS facilitated an operational condition that was potentially harmful to the health,
welfare, or safety of students attending Tobinworld II, a violation of special education
law and a potential cause for the suspension or revocation of the NPS certification
pursuant to EC Section 56366.4(a)(3).
The NPS is out of compliance.

SUMMARY OF ALLEGATION THREE
The Complainant alleges the NPS failed to meet special education certification
requirements when it misrepresented an element of the NPS certification application
and failed to provide accurate information regarding all staff employed by Tobinworld III,
specifically as it relates to the hiring of Mathew Israel.
APPLICABLE CITATIONS
EC Section 56366.1(a)(3) states:
(a) A nonpublic, nonsectarian school or agency that seeks certification
shall file an application with the Superintendent on forms provided by the
department, and shall include all of the following information on the
application: . . .
(3) A list of appropriately qualified staff, a description of the credential,
license, or registration that qualifies each staff member rendering special
education or designated instruction and services to do so, and copies of
their credentials, licenses, or certificates of registration with the
appropriate state or national organization that has established standards
for the service rendered.
EC Section 56366.4(a)(2) states:
(a) The Superintendent may revoke or suspend the certification of a
nonpublic, nonsectarian school or agency for any of the following reasons
...
(2) Falsification or intentional misrepresentation of an element of the
application, pupil records, or program presented for certification purposes.
FINDINGS OF FACT

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15. The NPS submitted sixteen staff lists between December 4, 2013, and
April 20, 2015. Either Cristina Vincenio or Ray Harapatian are the identified
custodian of records (COR) and NPS representatives who signed the following
assurance for all staff lists submitted to the CDE:
As the Department of Justice (DOJ) recognized custodian of records
(COR), I assure all personnel (paid, volunteer, and/or subcontractors)
have applied for and received DOJ clearances through the NPS. As the
COR, I am authorized by DOJ to receive subsequent arrest notifications.
All personnel's criminal offender record information (CORI) summaries are
maintained onsite throughout their employment with the NPS in
accordance with Education Code (EC) Section 44237.
16. As established in finding of fact 5, Mathew Israel was identified on the NPS
staff lists dated April 7, May 1, and July 16, 2014, but was hired on
December 18, 2013, as an administrator for Tobinworld III.
CONCLUSION
As established in findings of facts 1, 4 and 5, the NPS provided contradicting
statements and information concerning the employment of Mathew Israel at Tobinworld
III. Based on the evidence collected, the NPS failed to meet the requirements of
EC Section 56366.1(a)(3). Both Mr. Hairapatian and Ms. Vincenio falsely assured the
provisions required by EC Section 56366.1(a)(5) were being met beginning as early as
December 2013 through July 2014, when Mathew Israel was identified as working as an
administrator for Tobinworld III. In addition, the NPS falsely reported TB clearance dates
for Mathew Israel, who later submitted a statement of exception in an attempt to exempt
him from meeting the requirements of HSC 121525(a). Further, evidence provided by
NPS is contradictive regarding the employment status and services provided by Mathew
Israel since December 2013.
The NPS misrepresented an element of the application and its program presented to
the CDE for certification purposes, a violation of special education law and a potential
cause for the suspension or revocation of the NPS certification pursuant to
EC Section 56366.4(a)(2).
The NPS is out of compliance.

SUMMARY OF ALLEGATION FOUR
The Complainant alleges the NPS failed to provide appropriate services, using
appropriately qualified staff, to students in accordance with special education law and
IEP requirements when it allowed to Mr. Mathew Israel to provide behavioral

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intervention design and planning (BID) and behavioral intervention implementation (BII)
services to publically placed students.
APPLICABLE CITATIONS
EC Section 56366.4(a)(7) states:
(a) The Superintendent may revoke or suspend the certification of a
nonpublic, nonsectarian school or agency for any of the following reasons:
...
(7) Failure to provide appropriate services, supplies, equipment, or
facilities for a pupil as required in his or her individualized education
program.
5 CCR Section 3051(a)(4) states, “To be eligible for certification to provide related
services to individuals with exceptional needs, nonpublic schools and nonpublic
agencies shall meet the requirements of this section.”
5 CCR Section 3051.23 states:
(a) Pursuant to Education Code Section 56520, behavioral interventions
shall be designed or planned only by personnel who have a:
(1) Pupil Personnel Services Credential that authorizes school counseling
or school psychology; or
(2) Credential authorizing the holder to deliver special education
instruction; or
(3) license as a Marriage and Family Therapist certified by the Board of
Behavioral Sciences, within the Department of Consumer Affairs; or
(4) License as a Clinical Social Worker by the Board of Behavioral
Sciences, within the Department of Consumer Affairs; or
(5) License as an Educational Psychologist issued by a licensing agency
within the Department of Consumer Affairs; or
(6) License in psychology regulated by the Board of Psychology, within the
Department of Consumer Affairs; or
(7) master's degree issued by a regionally accredited post-secondary
institution in education, psychology, counseling, behavior analysis,

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behavior science, human development, social work, rehabilitation, or in a
related field.
(b) To provide behavioral intervention, including implementation of
behavior intervention plans, but not including development or modification
of behavior intervention plans, an LEA shall deliver those services using
personnel who:
(1) possess the qualifications under subdivision (a); or
(2)(A) are under the supervision of personnel qualified under subdivision
(a); and
(B) possess a high school diploma or its equivalent; and
(C) receive the specific level of supervision required in the pupil's IEP.
FINDINGS OF FACT
17. In an e-mail message dated October 29, 2014, the Complainant states, “ I am
concerned that Dr. Israel’s license to practice psychology in California expired in
1987, and he was allegedly writing behavior support plans that had to be followed
by other psychologists, behaviorists, teachers and teacher’s aids.”
18. As established in allegation 1, Mathew Israel was hired by Tobinworld III as an
“administrator.” A review of behavior intervention/support plans and behavior
emergency reporting for students attending the NPS did not include Mathew
Israel’s name on any documentation.
19. As established in allegation 1, neither staff nor students interviewed recognized
Mathew Israel as a provider of BII or BID related services. Staff consistently
identifies Erin Peterson as the provider of BID related services.
CONCLUSION
Based on the evidence provided, the NPS met the requirements of
5 CCR Section 3051(a)(4) and 5 CCR Section 3051.23. Evidence collected does not
support Mathew Israel is or was providing BID and BII related services to students on
behalf of Tobinworld III.
The NPS is compliant.

UNANNOUNCED INVESTIGATION–DISCOVERY ITEMS

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To address the alleged danger to the health, safety, or welfare of a students placed at
the NPS, the CDE completed an unannounced, onsite investigation of Tobinworld III, on
January 16, 2015. Information included in this section was discovered during the course
of the investigation.
APPLICABLE CITATIONS
34 CFR Section 300.146, states:
Each [State Educational Agency] SEA must ensure that a child with a
disability who is placed in or referred to a private school or facility by a
public agency . . .
(b) Is provided an education that meets the standards that apply to
education provided by the SEA and LEAs including the requirements of
this part, except for [Section] 300.18 and §300.156(c); and . . . ‘
(c) Has all of the rights of a child with a disability who is served by a public
agency.
34 CFR Section 300.156(a) states:
(a) General. The SEA must establish and maintain qualifications to
ensure that personnel necessary to carry out the purposes of this part are
appropriately and adequately prepared and trained, including that those
personnel have the content knowledge and skills to serve children with
disabilities.
The Commission on Teacher Credentialing is appointed authority for the adoption of standards
for the qualifications of California educators

EC Section 56365(a) states:
(a) Services provided by nonpublic, nonsectarian schools, as defined
pursuant to Section 56034, and nonpublic, nonsectarian agencies, as
defined pursuant to Section 56035, shall be made available. These
services shall be provided pursuant to Section 56366, and in accordance
with Section 300.146 of [34 CFR] . . .
EC Section 56366.1(i)(1) and (3) state:
(i) (1) The Superintendent shall conduct an investigation of a nonpublic,
nonsectarian school or agency onsite at any time without prior notice if
there is substantial reason to believe that there is an immediate danger to
the health, safety, or welfare of a child. . .

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(3) Violations or noncompliance documented pursuant to paragraph (1) or
(2) shall be reflected in the status of the certification of the nonpublic,
nonsectarian school or agency, at the discretion of the Superintendent,
pending an approved plan of correction by the nonpublic, nonsectarian
school or agency. . .
EC Section 56366.4(a)(1), (4), and (5)(A) state:
(a) The Superintendent may revoke or suspend the certification of a
nonpublic, nonsectarian school or agency for any of the following reasons:
(1) Violation of an applicable state or federal rule or regulation, or aiding,
abetting, or permitting the violation of an applicable state or federal rule or
regulation. . .
(4) Failure to comply with a provision in the contract with the local
educational entity.
(5) Failure to notify the department in writing of any of the following within
45 days of the occurrence:
(A) Changes in credentialed, licensed, or registered staff who render
special education and related services, ownership, management, or
control of the nonpublic, nonsectarian school or agency.
EC Section 56521.1(g) and (h) state:
(g) If a behavioral emergency report [BER] is written regarding an
individual with exceptional needs who does not have a behavioral
intervention plan [BIP], the designated responsible administrator shall,
within two days, schedule IEP team meeting to review the emergency
report, to determine the necessity for a functional behavioral assessment
[FBA], and to determine the necessity for an interim plan. The IEP team
shall document the reasons for not conducting the [FBA], not developing
an interim plan, or both.
(h) If a [BER] is written regarding an individual with exceptional needs who
has a positive behavioral intervention plan, an incident involving a
previously unseen serious behavior problem, or where a previously
designed intervention is ineffective, shall be referred to the IEP team to
review and determine if the incident constitutes a need to modify the
positive behavioral intervention plan.

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EC Section 56366.10(a)(2) and (5) state:
In addition to the certification requirements set forth in Sections 56366 and
56366.1, a nonpublic, nonsectarian school that provides special education
and related services to an individual with exceptional needs shall certify in
writing to the Superintendent that it meets all of the following
requirements: . . .
(2) College preparation courses.
(5) Supplemental assistance, including individual academic tutoring,
psychological counseling, and career and college counseling.
5 CCR Section 3051.14 states:
(b) Specially designed vocational education and career development
[VECD] shall be provided only by personnel who possess:
(1) an adult education credential with a career development authorization;
or
(2) a credential that authorizes instruction in special education or
vocational education; or
(3) a Pupil Personnel Services Credential that authorizes school
counseling.
5 CCR Section 3064(a)(1) and (b) state:
(a) In each classroom for which the nonpublic school is seeking
certification, the nonpublic school shall deliver instruction utilizing
personnel who possess a credential authorizing the holder to deliver
special education instruction according to the age range and disabling
conditions of individuals with exceptional needs enrolled in the nonpublic
school.
(1) During situations when instructional personnel leave the employ of the
nonpublic school with little or no notice, the nonpublic school may employ
a person who holds a Provisional Internship Permit or a Short Term Staff
Permit.
(b) Instruction shall be directed and delivered pursuant to the IEP, the
master contract and the individual service agreement.

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FINDINGS OF FACT
Verification of Instructional Staff and Special Education Services
20. A visual inspection of NPS classrooms (elementary, middle school, and high school)
revealed only one of the three fulltime teachers of record was providing instructional
services. The elementary classroom was being operated by a substitute teacher,
Regine Aleksunas, who is identified on the Tobinworld III staff listing as the fulltime
teacher. NPS staff interviewed, stated Ms. Aleksunas is working as a substitute
teacher for both Tobinworld II and Tobinworld III. Ms. Aleksunas appeared on the
Tobinworld II staff list beginning April 2015. NPS staff stated Mary Angeles had been
hired for the high school classroom. Ms. Angeles did not arrive at school until
approximately 11 a.m. A noncredentialed classroom behavioral aide was overseeing
the classroom prior to Ms. Angeles’ arrival.
21. Based on the December 22, 2014 staff list, Gabriel Aguilar, the assigned high
school teacher for Tobinworld III, was terminated on October 19, 2014. There was
no identified teacher of record until January 22, 2015, following the onsite
investigation. EC Section 56061, states:
A person holding a valid credential authorizing substitute teaching may
serve as a substitute for the appropriately credentialed special education
teacher as follows: . . . the employer shall not employ an inappropriately
credentialed substitute teacher for a period of more than 20 cumulative
school days for each special education teacher absent during each school
year.
22. On the January 22, 2015, staff list, the NPS added Carlanda Williams as a
terminated fulltime teacher of record. Regine Aleksusnas, Victor Coronado, and
Mary Erica Angeles are also identified as fulltime teachers of record. However, on
April 20, 2015, the NPS stated that Regine Aleksunas was terminated from
Tobinworld III and added to the Tobinworld II’s credentialed staff list. Similarly,
Momeni Shahnaz was terminated from Tobinworld II and added to Tobinworld III’s
credentialed staff list. The NPS has a practice of relocating identified fulltime
teachers of record between Tobinworld II and Tobinworld III. Between October
2014, and April 2015, four of the identified six teachers of record were relocated
between Tobinworld II and Tobinworld III. This practice of relocating identified
fulltime teachers of record does not equate to fulltime instructional services to
publically placed students, but instead creates a rotation of what is in essence
substitute teaching staff who are rotating between Tobinworld II and Tobinworld III
throughout the school year. EC Section 56062, states:
The employer shall use the following priorities in placing substitute
teachers in special education classrooms:

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(a) A substitute teacher with the appropriate special education credential
or credentials.
(b) A substitute teacher with any other special education credential or
credentials.
(c) A substitute teacher with a regular teaching credential.
In its description credentialing authorization for substitute teaching, the
Commission on Teacher Credentialing (CTC) further states,
You may serve as a substitute for no more than 30 days for any one
teacher during the school year, except in a special education classroom,
where you may serve for no more than 20 days for any one teacher during
the school year.
23. A review of affiliated NPS sites currently operated including Tobinworld II and
Tobinworld III, and those being proposed for certification by the parent company
known as “Tobinworld,” including A&T Preschool Academy, KT Academy, and DVT
Academy, Ms. Forghani, is identified as the part time site principal and substitute
teacher for Tobinworld II, the fulltime site principal for Tobinworld III, the part time
site principal for A&T Preschool Academy, the part time site principal for KT
Academy, and the part time site principal for DVT Academy. The assistant site
principal is identified as Cheri Worchester. However, neither Ms. Forgahni nor
Ms. Worchester were onsite during the investigation. Tobinworld III staff
consistently identified Stephanie Brown as the “onsite administrator.” Staff were
inconsistent in their responses when asked, “Is there an identify person in charge
when the administrator (identified as Stephanie Brown) is not on campus?”
Responses included an unidentified person by the name of “Bridget,” Sara
Forgahni, Victor Coronado, or “someone from another campus” [like] Angel
Cervantes.” Based on the evidence collected onsite supervision of credentialed
teachers and school site administration is not consistent with EC and the CTC.
24. NPS staff consistently identified Stephanie Brown as the person responsible for
supervising behavioral interventions. However, Ms. Brown is not identified as a
providers of BII or BID. Evidence of her qualifications to provide behavioral
intervention services was not included in the NPS staff listing or supporting
documentation.
Behavioral Intervention Design and Planning and Implementation
25. The NPS provided copies of the BIP, behavior support plans, and its policies and
procedures for implementation of it positive behavior support program, including
behavioral emergency protocols and reporting. A review of the documentation

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provided revealed the NPS’ procedures do not meet the requirements of
EC Section 56521.1(g) and (h).
26. As stated in finding 24, Stephanie Brown was identified as the NPS staff person
overseeing behavioral interventions for Tobinworld III. However, Sara Forgahni,
Stephanie Brown, and Angel Cervantes were noted signatures on the behavior
incident (used as behavior emergency) reporting.
Individual Service Agreements
27. ISAs provided for the 2014 certification year by the NPS did not include signatures
by both the NPS and the LEA in order to execute the agreements for students
attending Tobinworld III.
Vocational Education and Career Development
28. The NPS provides educational services to grades kindergarten through twelfth
grade. However, the NPS is not certified to provide VECD.
Department of Justice Clearance Requirements for Nonpublic School Staff
29. In a letter dated October 20, 2014, an attorney representing Tobinworld stated the
following:
“ . . . Tobinworld performs thorough background checks and fingerprinting
checks on all prospective employees and maintains extremely high
standards of conduct for all employees, both before being hired and while
on the job. Accordingly, Tobinworld does not employ any convicted felons
within the organization at any level.”
30. A review of the NPS staff lists (NPS04a and NPS04b) provided for May 2013,
through April 2014, revealed a practice of accepting DOJ clearance information
from, in some cases, several years prior to the date of hire.
Tuberculosis Risk Assessment and Clearance Requirements for Nonpublic School Staff
31. A review of the NPS staff lists (NPS04a and NPS04b) provided for May 2013,
through April 2014, revealed a practice of accepting TB clearance information from
employees that were prior to the date of hire, or in excess of the 60 days allowed
under California EC.

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CONCLUSION
Verification of Instructional Staff and Special Education Services
The NPS has a practice of relocating identified fulltime teachers of record between
Tobinworld II and Tobinworld III. Between October 2014, and April 2015, four of the
identified six teachers of record were relocated between Tobinworld II and Tobinworld
III. This practice of relocating identified fulltime teachers of record does not equate to
fulltime instructional services to publically placed students, but instead creates a rotation
of what is in essence substitute teaching staff who are rotating between Tobinworld II
and Tobinworld III throughout the school year. EC Section 56062, states:
The employer shall use the following priorities in placing substitute
teachers in special education classrooms:
(a) A substitute teacher with the appropriate special education credential
or credentials.
(b) A substitute teacher with any other special education credential or
credentials.
(c) A substitute teacher with a regular teaching credential.
In its description credentialing authorization for substitute teaching, the CTC
further states,
You may serve as a substitute for no more than 30 days for any one
teacher during the school year, except in a special education classroom,
where you may serve for no more than 20 days for any one teacher during
the school year.
Further, based on the evidence collected onsite supervision of credentialed teachers
and school site administration is not consistent with EC and the CTC.
Behavioral Intervention Design and Planning and Implementation and Related Services
Providers of Behavioral Intervention–Design and Planning
The NPS failed to meet the requirements of EC Section 56521.1(g) and (h),
56366.10(2), 5 CCR Section 3051.23, and 5 CCR Section 3051.14. The NPS’ policy
and procedures for behavioral emergency reporting do not include all of the elements
required by special education law. Tobinworld III is using staff with expired
authorizations to provide BID. Finally, the NPS is not certified to provide VECD to
students using appropriately qualified staff.

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Vocational Education and Career Development
The NPS must provide students with career preparation and vocational training,
consistent with transition plans. The NPS did not identify any staff who are providing
VECD. The NPS has not requested certification to provide VECD as is required in order
to meet the service implementation requirements specified in EC Section 56366.10.
The NPS is out of compliance.

REQUIRED CORRECTIVE ACTIONS
Allegation One
1. On or before September 16, 2015, the NPS shall provide evidence of its policy and
procedures regarding the notification of changes to licensed and credentialed staff to
the CDE and contracting LEAs that are in compliance with special educational law and
contractual agreements. Acceptable evidence provided should include a copy of the
NPS policy and procedures.
2. On or before September 16, 2015, the shall provide evidence it has reconciled all
changes to licensed and credentialed staff qualifications for the 2015 certification
period with respect to required timelines for notification to the CDE and contracting
LEAs. Acceptable evidence shall include a copy of the NPS04a and NPS04b
worksheet and supporting licenses and credentials for applicable staff.
Allegation Two
3. On or before September 16, 2015, with respect to the requirements of
EC Section 44237, the NPS shall provide evidence of its policy and procedures
regarding DOJ criminal clearance requirements prior to the hiring NPS staff.
Acceptable evidence provided should include a copy of the NPS policy and
procedures.
4. On or before September 16, 2015, with regard to the requirements of
EC Section 49406(a) and HSC Section 121525, the NPS shall provide evidence of its
policy and procedures regarding TB clearance requirements for NPS staff. Acceptable
evidence provided should include a copy of the NPS policy and procedures.
5. On or before September 16, 2015, the NPS shall provide evidence of TB clearance
information for Matthew Israel. Mr. Israel shall not be present on the NPS site until the
CDE has reviewed and made a determination all evidence provided by Tobinworld III
accurately and appropriately satisfies certification requirements. Acceptable evidence
should include a copy of TB clearance information for Mathew Israel.

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Allegation Three
6. On or before September 16, 2015, the NPS shall provide evidence all administrative
staff have been trained regarding the requirements of accurate reporting to the CDE
with respect to the requirements of California EC Section 56366.1(a)(5). Acceptable
evidence should include, (a) the date of training, (b) a staff attendance roster, by
signature, and (c) a copy of the training materials used.
7. On or before September 16, 2015, the NPS shall provide evidence it has reconciled the
current credentialed and non-instructional staff listings. Both listings must accurately
depict the hiring and termination dates of staff, DOJ and TB clearance dates, and
services (either instructional or related services) provided to students in accordance
with credentialing and licensing requirements. Acceptable evidence shall include a
revised NPS04a and NPS04b worksheets, with supporting license and credential
information to be uploaded to CAIS. Additional evidence should include copies of DOJ
and TB clearance documentation for all identified NPS staff to faxed, mailed, or
e-mailed to the CDE.
Allegation Four
8. There are no required corrective actions for this item.
Unannounced Investigation–Discovery Items
9. On or before September 16, 2015 the NPS shall contact and work with the assigned
CDE consultant for the purpose of receiving technical assistance and resolving
noncompliance identified for factual findings 20–31. The NPS shall work with the
assigned consultant to bring all areas of identified noncompliance related to facts 20–
31, into compliance with special education law and demonstrate it has implemented a
policy and procedure for maintaining appropriately credentialed teachers in each of the
existing certified classrooms, and refraining from using a substitute teacher for no more
than 20 days per assigned teacher of recorded in a school year. Note: Fulltime
teachers of record identified at a NPS location may not appear on the staff list for any
other NPS site.
2015 NONPUBLIC SCHOOL CERTIFICATION STATUS
The 2015 certification for Tobinworld III is hereby suspended. A suspended certification
allows the NPS to continue serving students who were enrolled in the NPS prior to
August 24, 2015. The NPS is not authorized to accept publically placed students
subsequent to August 24, 2015. The CDE will complete an unannounced follow-up review
within the 2015 certification cycle, which ends December 31, 2015, to ensure all corrective
actions reported to the CDE have been fully implemented by the NPS. At that time, the
status of the certification will be reconsidered.

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Pursuant to EC Section 56366.1(i)(1) the NPS shall provide a written response to any
noncompliance or deficiency found during the investigation. In addition, evidence of
required corrective actions or questions regarding corrective actions shall be directed
to:
Karen Allen, Administrator
Interagency, Nonpublic School/Agencies Unit
California Department of Education
1430 N Street, Suite 2401
916-322-1645 Phone
916-327-5233 Fax
Pursuant to EC Section 56366.1(i)(3), violations or noncompliance documented shall
be reflected in the status of the certification of the school, at the discretion of the
Superintendent, pending an approval plan of correction by the nonpublic, nonsectarian
school. The CDE shall retain for a period of 10 years all violations pertaining to
certification of the nonpublic, nonsectarian school or agency.

____________________
Karen Allen, Administrator
Special Education Division