CALIFORNIA DEPARTMENT OF EDUCATION
Nonpublic School Certification Investigation Repon
Case 

 

Public Agency Corn lainant
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 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 January 16, 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 to 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 56366.4(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 an e-mail dated September 3, 2013, Laura VanDuyn, the former Contra Costa
Special Education Local Plan Area (SELPA) stated the following:
Today is the first day that Judy Weber has the students we discussed
previously. She has 10 students in a TobinWorld II classroom with her
husband in the room as the “volunteer” behaviorist as she says she
cannot afford to pay him. I have concerns and will be calling Judy Weber
as she has no authorization for the Life Skills Academy program, is using
the TobinWorld II site to house the kids and is using someone who may
not have DOJ, TB, Licensure/Credential in CA, and is considered a
“volunteer” rather than an employee.
2. 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. . .
3. In an e-mail message to the CDE dated October 29, 2014, the Complainant states:

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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 . . .
4. The 2014-15 master contract language states:
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.
5. In an e-mail message dated May 29, 2015, the NPS identified Mathew Israel’s date
of hire as March 2, 2015. The NPS stated Mr. Israel was currently supervising an
attendance program staff at Tobinworld II. The NPS further identified Mr. Israel as
providing Applied Behavior Analysis (ABA), program, precision teacher, and Brill
School of Autism consultative and student implementation services.
6. In the 2013, 2014, and 2015 NPS application for certification, the NPS submitted
staff listings using the California Accountability and Information System (CAIS) on
May 15, 2013, October 15, 2014, December 22, 2013, January 19 and 21,
February 17, March 19, and April 20, 2015. Mathew Israel’s name was reported to
the CDE on the non-instructional staff listing (NPS04b) beginning March 19, 2015,
with a hire date of March 2, 2015, but the NPS did not identify the related service he
was providing to students.
7. At the time of an onsite investigation completed on January 14–15, 2015, 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
II. Participants in the interviews were asked to identify providers of behavioral
services, teachers, administrators, and other employees by name. NPS
administrative staff identified Mathew Israel as Judy Weber’s husband, and
someone who provides attendance record keeping assistance. Mr. Israel was said to
visit the Tobinworld II site on various occasions with Judy Weber, but was not a fulltime employee. Other staff report to have witnessed Mr. Israel on campus, but were
unaware of his position or purpose at the NPS. There was no indication any of the
eight staff or six students interviewed believed there was a health, safety, or any
other issue regarding the well-being of students attending Tobinworld II.

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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
Based on the evidence collected, Mathew Israel has been employed by the NPS to
provide both administrative and behavioral implementation design and planning
(consultative) services to students at Tobinworld II from at least September 2013,
forward. There is no evidence the NPS notified the CDE within the 45–days timeline. In
addition, there was no evidence the NPS notified contracting LEAs within 45–days as
required by special education law and contractual agreements. The NPS failed to meet
the requirements of EC Section 56366.4(a)(5)(A), 5 CCR Sections 3051.23, and
3062(h).
The NPS failed to notify the CDE regarding changes in staff, Mathew Israel, who is
required to be licensed, credentialed, or who holds a master’s degree in the appropriate
course of study, is providing related services (behavior implementation design and
planning) for 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(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.

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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:
(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 [TB]
risk assessment within the past 60 days, and, if tuberculosis [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

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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. . .

10. Evidence provided by the NPS in allegation one above concluded Mathew Israel
has been providing behavioral intervention services to the students placed at the
NPS since September 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. During an unannounced onsite investigation, NPS staff confirmed Mathew Israel is
on campus at time when his wife, Judy Weber, visits the site. According to staff,
Mr. Israel provides assistance with attendance administration.

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15. Evidence provided by the NPS in allegation one of this report concluded Mathew
Israel has been providing behavioral intervention services to the students placed at
the NPS since September 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 allowed Mathew Israel to have contact with
students prior to obtaining DOJ criminal clearance information.
Tuberculosis Clearance Requirement
Further, 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 [TB] risk assessment
within 60 days of employment. The NPS misapplied HSC when it cited HSC Section
121475, as justification for not obtaining a tuberculosis risk assessment and potential
subsequent testing for Mathew Israel which may be deemed appropriate by medical
officials.
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 II,
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: . . .

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(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
16. As established in findings of fact 6, the NPS submitted eight staff lists between
May 13, 2013, and April 20, 2015. Cristina Vincenio, is the identified custodian of
records (COR) and NPS representative who signed the following assurance for all
but the May 13, 2013 staff list:
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.
Ray Hairapatian is the identified COR and NPS representative who signed
the May 15, 2013, assurance. Mathew Israel was not identified on NPS staff
lists until March 19, 2015, as established in finding of fact 6.
17. Evidence provided under allegation one of this report (finding of facts 1–3 and
5–6), documents Mathew Israel has been providing behavioral intervention design
and planning (BID) and behavior intervention implementation (BII) services on
behalf of Tobinworld II since September 2013.
18. The NPS 2015 application for certification, form NPS02, states, BID is completed
by classroom teachers who hold special education credentials.
CONCLUSION

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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
September 2013 through February 2015, the evidence establishes Mathew Israel has
been providing BID and BII services to publically placed students. Further, evidence
provided by NPS is contradictive regarding the employment status and services
provided by Mathew Israel since September 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 BID and 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:

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(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,
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
19. 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.”
20. The NPS did not provide evidence of Mathew Israel’s qualifications to provide BID
related services (ABA and Brill School of Autism) or behavioral intervention

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implementation [BII]. However, in an effort to corroborate Mathew Israel’s authority
to provide BID and BII, on August 6, 2015, the CDE collected information from the
California Department of Consumer Affairs online database of licensed providers in
the State of California. According to the information provided, Mathew Israel was
originally licensed as a psychologist in July 1978, however, his license expired in
May 1987. The California Department of Consumer Affairs currently reports
Mathew Israel’s license as “canceled.” Additionally, there was no evidence Mathew
Israel is licensed by the State of California as a marriage and family therapist, or as
a clinical social worker.
The CDE attempted to collect information regarding Mathew Israel’s authorization
to provide behavioral intervention services from the Commission on Teacher
Credentialing. There was no evidence Mathew Israel is credentialed in the State of
California.
The NPS did not provide any information Mathew Israel holds a 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 which would authorize him to provide
BID related services.
CONCLUSION
Based on the evidence provided, the NPS failed to meet the requirements of
5 CCR Section 3051(a)(4) and 5 CCR Section 3051.23. Mathew Israel is identified as
providing BID and BII services to students on behalf of Tobinworld II and is not qualified
to do so.
The NPS failed to provide appropriate services, using appropriately qualified staff
establishing 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.

UNANNOUNCED INVESTIGATION–DISCOVERY ITEMS
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 II, on
January 14-15, 2015. Information included in this section was discovered during the
course of the investigation.
APPLICABLE CITATIONS
EC Section 56366.1(i)(1) and (3) state:

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(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. . .
(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

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review and determine if the incident constitutes a need to modify the
positive behavioral intervention plan.
EC 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 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 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.

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(b) Instruction shall be directed and delivered pursuant to the IEP, the
master contract and the individual service agreement.
FINDINGS OF FACT
Verification of Instructional Staff and Special Education Services
21. At the time of the onsite visit, the NPS was authorized to operate 10 classrooms
according to the current CDE certification. Upon a visual inspection of each
classroom, 8 out of 10 classrooms included appropriately credentialed teachers.
According to onsite staff, Matthew Reudy, the assigned teacher for classroom 10
was said to be training on “Nova Chat.” Lyra Bosch, teacher assigned for
classroom 11, was absent and there was no appropriately credentialed teacher
providing instruction in the classroom. Both classrooms were being supervised by
BII providers. Staff stated the NPS was having difficulty hiring and maintaining
appropriately credentialed staff at all times for each of the 10 classrooms during
times when the assigned teachers of record are absent.
22. On February 17, 2015, the NPS identified Sara Forghani to the credential staff
listing as providing part time credentialed substitute teaching for Tobinworld II.
Ms. Forghani is also identified on the non-instructional staff listing as a part time
principal for Tobinworld II.
23. A review of affiliated NPS sites currently operated, 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.
24. On January 21, 2015, Tobinworld II was issued a “conditional” certification
authorizes the NPS to serve students with the following primary disabling
conditions: Autism (AUT), emotional disturbance (ED), intellectual disabilities–mild
to moderate and moderate to severe (IDMM and IDMS), multiple disabilities (MD),
other health impairments (OHI), and specific learning disabilities (SLD). The NPS
is not certified to serve students with primary disabling conditions including:
Deaf/Blindness (DB), Hearing Impaired (HI), orthopedic impairment (OI),
speech/language impairment (SLI), or traumatic brain injury (TBI).
25. Tobinworld II provided a student listing by classroom for each of the 10 classrooms
in operation. The student listing identified, among other items, the full-time teacher
of record for each student served and their primary disabling conditions. The NPS
is providing instructional services to students identified with the following primary
disabling conditions:

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Teacher

AUT

ED

IDMM

Oksana Pappas

X

X

Lisa Peterson

X

IDMS

MD

OHI

SLD

X

X

X

X

X

X

X

Matthew Reudy

X

X

X

X

Teresa Turner

X

X

X

X

Graham Bourke

X

X

X

X

X

Regine Aleksunas

X

X

X

X

X

Erzebt Csukas

X

X

X

X

X

Carlanda Williams

X

X

X

X

X

Rodolfo Carbajal

X

X

X

X

X

Lyra Bosch

X

X

X

X

X

SLI

26. The students with the following disabilities are provided with core academic
instructional services by Tobinworld II staff:
Teacher

AUT

Oksana Pappas
Lisa Peterson

X

ED

IDMM

IDMS

MD

OHI

SLD

X

?*

?*

X

X

?*

?*

X

X

X**

Matthew Reudy

X

X

X

Teresa Turner

X

X

X

Graham Bourke

X

X

Regine Aleksunas

X

X

Erzebt Csukas

SLI

X**

X
?*

?*

X

Carlanda Williams

X

X

?*

?*

Rodolfo Carbajal

X

X

?*

?*

Lyra Bosch

X

X

?*

?*

X**

X

X

X
X**

X
X**

X
X

* The NPS did not distinguish students who were identified with IDMM (mild to
moderate) and IDMS (moderate to severe disabilities. As such, teacher
credentialing qualifications could not be determined.
** Identified teacher of record is not authorized to provide academic instructional
services to students identified with this primary disabling condition.

 Nonpublic School Certification Investigation Report
Page 17 of 22

27. In 2008, 2009, and 2011, the NPS was found to be out of compliance with special
education law regarding maintaining appropriately credentialed teachers in each of
its classrooms.
Behavioral Intervention Design and Planning and Implementation
28. 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
provided revealed the NPS’ procedures do not meet the requirements of
EC Section 56521.1(g) and (h).
Classroom Size
29. The 2014–15, master contract information was collected and reviewed for each
contracting LEA. The contract between the NPS and River Delta Unified School
District specifies no more than 12 students per classroom. The contract temporarily
allows up to 14–15, students with prior written approval by an LEA representative.
According to student classroom assignments provided by the NPS, 4 of the 10
classroom had greater than the 12 students.
Individual Service Agreements
30. ISAs provided for the 2014 by the NPS did not include signatures by both the NPS
and the LEA in order to execute the agreements for students attending Tobinworld
II.
Verification of Related Service Providers
31. The NPS 2015 application for certification, form NPS04b, identifies the following
staff as providing BID:
CDE
NOTIFICATION

NPS STAFF

POSITION TITLE

QUALIFICATION

October 15, 2014

Cheri Worcester

Assistant Principal

Board Certified Behavior
Analyst (BCBA) – Expired in
August 2014

December 22, 2014

Cheri Worcester

Assistant Principal

BCBA – expired

January 19, 2015

Cheri Worcester

Assistant Principal

BCBA – expired

January 21, 2015

Cheri Worcester

Assistant Principal

BCBA – expired

February 17, 2015

Erin Peterson

Behavior Specialist

Licensed Marriage and
Family Therapist (LMFT)

February 17, 2015

Cheri Worcester

Assistant Principal

BCBA – expired

 Nonpublic School Certification Investigation Report
Page 18 of 22

March 19, 2015

Erin Peterson

Behavior Specialist

LMFT

April 20, 2015

Lynn Galliano

Behavior Specialist

Marriage and Family
Therapist Intern

April 20, 2015

Erin Peterson

Behavior Specialist

BCBA – expired

April 20, 2015

Cheri Worcester

Assistant Principal

BCBA – expired

Mathew Israel is not identified as providing special education BID related services.
Cheri Worcester’s BCBA authorization for BID services is expired. Ms. Worcester is not
authorized to provide BID services to students.
Vocational Education and Career Development
32. 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
33. 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.”
34. 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
35. 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.
CONCLUSION
Verification of Instructional Staff and Special Education Services
The NPS has failed to meet the requirements of EC Section 56366.4(a)(1), (4), and
(5)(A), and 5 CCR 3064(a)(1) and (b). The NPS is not maintaining appropriately
credentialed teachers in each of the 10 classrooms identified on the 2015 certification.

 Nonpublic School Certification Investigation Report
Page 19 of 22

In addition, Oksana Pappas, Matthew Reudy, Regine Aleksunas, and Carbajal Rodolfo
are providing core academic instructional to students with primary disabling conditions
not authorized under their credentials. The NPS did not accurately specify the primary
disabling conditions of student identified with an intellectual disability, either “IDMM” or
“IDMS.” Finally, the NPS did not provide evidence of executed ISAs for all students.
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 3051.23, and 5 CCR 3051.14. The NPS’ policy and procedures for
behavioral emergency reporting do not include all of the elements required by special
education law. Tobinworld II is using staff with expired authorizations to provide BID.
Finally, the NPS is not certified to provide VECD to students using appropriately
qualified staff.
Classroom Size
In 4 of the 10 classrooms, the NPS is serving a greater number of students (14) than is
allowed in at least one of its master contracts, River Delta Unified School District, which
requires no more than 12 students, and temporarily up to 14, with prior written approval
from the district.
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 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 and
substitute teaching 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 NPS shall provide evidence it has reconciled all
changes to licensed and credentialed staff qualifications for the 2015 certification

 Nonpublic School Certification Investigation Report
Page 20 of 22

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 II
accurately and appropriately satisfies certification requirements. Acceptable evidence
should include a copy of TB clearance information for Mathew Israel.
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 17, 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. On or before September 16, 2015, the NPS shall provide evidence that all behavior
interventions and/or support plans, goals, or services designed and planned by

 Nonpublic School Certification Investigation Report
Page 21 of 22

Mathew Israel for the 2014–15 school to date for each student receiving such services
have been submitted to each student’s LEA for review and approval through the IEP
team process. Acceptable evidence should include, (a) a list of student name,
placement dates, and placing LEAs, (b) a copy of all associated IEPs including a
discussion by the IEP team regarding the appropriateness of such services and the
need or lack of need for compensatory services regarding the provision of BID and BII
services for each student. The IEP date must be subsequent to the date of this report.
Unannounced Investigation–Discovery Items
9. Beginning September 1, 2015, through December 31, 2015, or until the time of a CDE
unannounced follow-up review, the NPS shall submit evidence appropriately
credentialed teachers are providing instructional services to students in each of the
currently certified 10 classrooms. Acceptable evidence should include a copy of
monthly teacher classroom assignments, monthly classroom listings by student name
and primary disabling conditions, and monthly teacher attendance records. Evidence of
completion shall be provided to the CDE on the first day of each month through
December 31, 2015.
10. 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 in factual findings 22–35. The NPS shall work with the
assigned consultant to bring all areas of identified noncompliance related to facts 22–
35, 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. Note: Fulltime teachers of record identified at a NPS
location may not appear on the staff list for any other NPS site.
2015 NPS CERTIFICATION STATUS
The 2015 certification for Tobinworld II 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.

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

 Nonpublic School Certification Investigation Report
Page 22 of 22

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