COORDINATED PROGRAM REVIEW PROCEDURES Collaborative Information Package Special Education And Civil Rights School Year 2015-2016 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION Coordinated Program Review Procedures Collaborative Information Package Table of Contents Coordinated Program Review System 3 Document # 1: Local Coordinator’s Planning Guide 12 Document # 2: Special Education Review Criteria (with Table of Criteria) 15 Document # 3: Interview and Observation Schedule 31 Document # 4: List of Interviewees 32 Document # 5: Observation Form 33 Document # 6: Civil Rights and Other General Education Criteria (with Table of Criteria) 34 Appendix I: Student Record Review Procedures 45 Appendix II: Table of Required Special Education and Civil Rights and Other General Education Documentation 50 Appendix III: Learning Time Worksheets 57 Document # 7: Approved Public Day Program Criteria (with Table of Criteria) 63 Appendix IV: Table of Required Approved Public Day Program Standards Documentation 83 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION COORDINATED PROGRAM REVIEW SYSTEM School Year 2015 – 2016 Overview The Program Quality Assurance unit (PQA) of the Massachusetts Department of Elementary and Secondary Education oversees compliance with education requirements through its Coordinated Program Review System (CPR), through Collaborative and private special education school program reviews, as well as reviews of certain Special Education in Institutional Schools Settings programs. The Collaborative reviews cover selected requirements in the following areas: Special Education (SE) selected requirements from the federal Individuals with Disabilities Education Act (IDEA-2004); the federal regulations promulgated under that Act at 34 CFR Part 300; M.G.L. c. 71B, and the Massachusetts Board of Elementary and Secondary Education’s Special Education regulations (603 CMR 28.00) Civil Rights Methods of Administration and Other General Education Requirements (CR) selected federal civil rights requirements, including requirements under Title VI of the Civil Rights Act of 1964; the Equal Educational Opportunities Act of 1974; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, together with selected state requirements under M.G.L. c. 76, Section 5 as amended by Chapter 199 of the Acts of 2011 and M.G.L. c. 269 §§ 17 through 19. selected requirements from the Massachusetts Board of Elementary and Secondary Education’s Physical Restraint regulations (603 CMR 46.00). selected requirements from the Massachusetts Board of Elementary and Secondary Education’s Student Learning Time regulations (603 CMR 27.00). various requirements under other federal and state laws. Approved Public Day Program Standards selected requirements from the Massachusetts Board of Elementary and Secondary Education Special Education regulations (603 CMR 28.09.) selected requirements from the Massachusetts Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs (603 CMR 18.00). The Collaborative should select a staff person to act as the Local Program Coordinator who will work with the Department’s Onsite Team Chairperson. The Local Coordinator’s Planning Guide may be found under Document # 1. 3 The following is an overview of the Program Review system for the Collaborative: Team: Depending upon the size and the number of programs to be reviewed, a team of two or more Department staff members conducts a Coordinated Program Review. Timing: Each Collaborative is scheduled to receive a Coordinated Program Review every six years and, for special education only, a mid-cycle follow-up visit three years after the Coordinated Program Review. Criteria: The criteria PQA uses for monitoring the Collaborative programs are included in this information package, along with citations to state and federal statutes and regulations. These criteria cover the areas of special education and civil rights necessary to determine that special education and civil rights are being provided in accordance with applicable state and federal laws and/or regulations. Methods: Methods used in reviewing programs include: Review of documentation about the operation of the Collaborative programs. Interviews of administrative, instructional, and support staff across all selected programs and grade levels. Interviews of parent advisory council (PAC) representatives (only if the Collaborative has a PAC) and other interviews as requested by other parents or members of the general public. Review of student records. A representative sample of student records will be examined from those that were part of the Collaborative’s selfassessment, as well as a sample of additional records that show activities conducted since the start of the current school year. Surveys of parents of students with disabilities: Parents of students with disabilities whose files are selected for the record review, as well as the parents of an equal number of other students with disabilities, are sent a survey that solicits information regarding their experiences with the Collaborative. Observation of classrooms and other facilities: The onsite team visits a sample of classrooms and other school facilities used in the delivery of programs and services to determine general levels of compliance with program requirements. 4 Report: Preparation: At the end of the onsite visit, the onsite team will hold an informal exit meeting to summarize its preliminary findings for the Collaborative Director and anyone else he or she chooses. Within approximately 45 business days of the onsite visit, the onsite chairperson will forward to the Collaborative director a Draft Report containing comments from the Program Review. The Collaborative will then have 10 business days to review the report for factual accuracy before the publication of a Final Report. The Final Report will be issued within approximately 60 business days after the conclusion of the onsite visit. Content: The Final Report will include the following: Ratings. The onsite team gives a rating for each compliance criterion it reviews; those ratings are “Commendable,” “Implemented,” “Partially Implemented,” “Not Implemented,” “Not Applicable,” and “Implementation in Progress.” Findings. The onsite team includes a narrative for each criterion that it rates “Commendable,” “Partially Implemented,” “Not Implemented,” “Implementation in Progress,” or “Not Applicable” explaining the basis for the rating. It may also include findings for other related criteria. Response: Where criteria are found “Partially Implemented or “Not Implemented,” the Collaborative must propose corrective action to bring those areas into compliance with the relevant statutes and regulations. This corrective action plan will be due to the Department within 20 business days after the issuance of the Final Report and is subject to the Department’s review and approval. As the Collaborative implements the approved corrective action, Department staff will provide ongoing technical assistance. The Department believes that the Coordinated Program Review is a positive experience and that the Final Report is helpful in planning for the continued improvement of programs and services in each school district, charter school, and educational Collaborative. 5 Orientation The Monitoring Team Chairperson will contact the Collaborative director to set up an Orientation session for the director and key personnel to review steps for the preparation and submission of documentation for the program areas of Special Education, Civil Rights, and for the selection of student records, and establish timelines for essential activities. Documentation Requirements The onsite team relies heavily on educational Collaborative documentation regarding the special education programs and services made available to students and parents. Documentation for all of the criteria in this Information Package is described in Appendix II and IV; please note, however, that the Collaborative need submit only the documentation related to the criteria selected for review in its Coordinated Program Review. The Local Coordinator is encouraged to notify the onsite chairperson when the Collaborative is providing alternative documentation to the onsite team. NOTE: All required documentation must be uploaded in the Web Based Monitoring System. It is not unusual for Department staff to request follow-up information in order to clarify the submitted documentation. In many cases, this follow-up information is the missing piece that is necessary in order for the Department to rate a particular criterion as Implemented. The Collaborative should take immediate steps to begin the preparation of the required Coordinated Program Review documentation well in advance of the due date set by the Department’s onsite chairperson. 6 Student Record Selection and Review Records Selection During the Orientation session, the Monitoring Team Chairperson will provide the Collaborative with a list of the names of the special education students whose records have been selected for verification by the Department. A representative sample of student records will be examined from the records that were part of the Collaborative’s self-assessment, as well as an additional new sample of randomly selected student records to ensure the validity of the sample set. The Monitoring Team Chairperson will refer to the Collaborative’s roster of eligible special education students to make student record selections. A list of the student records selected for review by the onsite team will be provided to the Collaborative at the Orientation session so the records can be assembled and prepared for Department review during the onsite phase of the review. This list will enable the Collaborative to organize these records. Where the parts of a selected student record are situated in more than one location, all of those parts must be brought together in one location for the purpose of the Department’s record review. Onsite Records Review During the records review phase of the review activity, a school Collaborative representative familiar with special education, civil rights requirements and any other areas under review must be available to assist the onsite team; review procedures will be described in more detail by the Monitoring Team Chairperson. The Department reserves the right to select additional student records for review during the course of monitoring. The Department will send written surveys to parents of those special education students selected for record reviews. Additional parents of special education students will also be drawn from the Collaborative’s Special Education Student Roster to receive surveys. Note: Massachusetts Department of Elementary and Secondary Education Student Record Regulations provide for Department employees to have access to all information contained in student records without need of the consent of parents. See 603 CMR 23.07(4)(d). 7 Interviews Preparation of Interview Schedules Working with the Department’s Monitoring Team Chairperson, the local Program Review coordinator is responsible for scheduling all interviews for selected personnel. The local coordinator should work closely with the Department’s Monitoring Team Chairperson to ensure appropriate scheduling. The Onsite Team Member Interview and Observation Schedule (Document #3) must be returned to the Monitoring Team Chairperson for approval by the Department at least two weeks prior to the onsite visit. The Department will confirm all interviews to be conducted so that the Collaborative can notify all persons selected for interviews. The Monitoring Team Chairperson will provide the local Program Review coordinator with a standard letter and description of the review procedures, which is to be copied and distributed to every person selected for interview. In notifying local staff of the interview schedule, the Collaborative should emphasize that interviews are not to evaluate a staff member’s individual performance, but to understand each staff member’s experiences in the implementation of various program requirements. Every effort will be made to conduct the interviews in an efficient manner, recognizing that time is valuable to the Collaborative. The Collaborative coordinator must give consideration to spaces that allow interviews to be conducted in a confidential manner. Interviewees The List of Interviewees for Special Education (SE) and Civil Rights (CR) (Document #4) contains the titles of possible persons to be interviewed during the coordinated program review. Key administrators, other appropriate staff, and the special education PAC chairperson or co-chairperson(s) (if applicable) will be interviewed. The Collaborative or the Department may add to this list others who would be able to describe efforts undertaken to implement program requirements. Selection Criteria for Staff Interviews In the CPR, staff are selected for interview based on the program offerings at each level. For example, at least one special education teacher is interviewed for each type of special education program and from across the range of grade levels. At least one related service provider is interviewed for each kind of related service that the Collaborative provides. Instructional aides working with the teachers selected for interviews should also work in different settings with different student populations at different grade levels. 8 Classroom and Facilities Observation A sample of classrooms and other school facilities used in the delivery of special education will be visited to determine general levels of compliance with program requirements. The onsite team will observe these instructional programs at each level in the Collaborative. The Facilities/Classroom Observation Form (Document #5) will be used by onsite team members as they complete this part of the Program Review. The Monitoring Team Chairperson will identify the sites to be observed during the Orientation visit so that the local Program Review coordinator may inform program coordinators and pertinent staff of these observations. The Web-based Approach to Special Education Monitoring Starting with the 2007-2008 SY, the Department commenced the piloting of a new web-based approach to comprehensive special education monitoring. Starting with the 2011-2012 SY, the Department commenced the web-based approach to comprehensive civil rights monitoring. The web-based monitoring system (WBMS) allows districts and now Collaboratives to submit, review and exchange documents and information with the Department through the Department's security portal. This new approach combines familiar elements from the standard CPR procedures in combination with new features that strengthen accountability and oversight for special education and civil rights on a continuous basis. WBMS methods used in reviewing special education and civil rights programs include: Self-Assessment Phase: This is a requirement for all Collaboratives participating in WBMS and is completed in the year prior to the onsite review. Collaborative review of special education and civil rights documentation for required elements including document uploads. Upon completion of this portion of the Collaborative's self-assessment, it is submitted to the Department for review. Collaborative review of a sample of special education student records selected from across grade levels, disability categories, and levels of need. Additional requirements for the appropriate selection of the student record sample can be found in Appendix I. Upon completion of this portion of the Collaborative's self-assessment, it is submitted to the Department for review. 9 Desk Review Phase: The CPR Chairperson assigned to the Collaborative reviews the Collaborative's responses to questions regarding the critical elements for appropriate policies, procedures, and practices, as well as actual documents and data submissions by criteria. The Collaborative's student record review data and explanatory comments are examined by focus area and by criteria. The outcome of this review and three-year trend data from the Problem Resolution System is used to determine the scope and nature of the Department's onsite activities. Onsite Verification Phase: For Collaboratives that operate multiple programs, including where applicable approved public day programs, review activities will be selected from the following: Interviews of administrative, instructional, and support staff consistent with those criteria selected for onsite verification. Interviews of parent advisory council (PAC) representatives and other telephone interviews as requested by other parents or members of the general public. Review of student records for special education: The Department selects a sample of student records from those the Collaborative reviewed as part of its self-assessment to verify the accuracy of the data. The Department also conducts an independent review of a sample of student records that reflect activities conducted since the beginning of the school year. The onsite team will conduct this review, using standard Department procedures, to determine whether procedural and programmatic requirements have been implemented. Surveys of parents of students with disabilities: Parents of students with disabilities whose files are selected for the record review, as well as an equal number of parents of other students with disabilities, are sent a survey that solicits information regarding their experiences with the Collaborative's implementation of special education programs, related services, and procedural requirements. Observation of classrooms and other facilities: The onsite team visits a sample of classrooms and other school facilities used in the delivery of programs and services to determine general levels of compliance with program requirements. Report Preparation: At the end of the onsite visit, the team will hold an informal exit meeting to summarize its comments for the Collaborative Director and other administrative staff he or she chooses. Within approximately 45 business days of the onsite visit, the Monitoring Team Chairperson will forward to the Collaborative Director a Draft Report containing comments from the Program Review. The Draft Report comments for special education and civil rights are provided to the Collaborative online through WBMS. These comments will form the basis for any findings by the Department. The Collaborative will then have 10 business days to review the report for accuracy before the publication of a Final Report with ratings and findings (see below). The Final Report will be issued within approximately 60 business days of the conclusion of the onsite visit and posted on the Department's website at Public School Coordinated Program Review Reports webpage. Content of Final Report: Ratings: In the Final Report, the onsite team gives a rating for each compliance criterion it has reviewed; those ratings are "Commendable," "Implemented," "Implementation in Progress," "Partially Implemented," "Not Implemented," and "Not Applicable." "Implementation in Progress," used for criteria containing new or updated legal requirements, means that the Collaborative has implemented any old requirements contained in the criterion and is training staff or beginning to implement the new requirements in such a way that the onsite team anticipates that the new requirements will be implemented by the end of the school year. 10 Findings: The onsite team includes a narrative statement in the Final Report for each criterion that it rates "Commendable," "Partially Implemented," "Not Implemented," "Implementation in Progress," or "Not Applicable," explaining the basis for the rating. It may also include findings for other related criteria. Response: Where criteria are found ""Partially Implemented" or "Not Implemented," the Collaborative must propose corrective action to bring those areas into compliance with the relevant statutes and regulations. This corrective action plan (CAP) will be due to the Department within 20 business days after the issuance of the Final Report and is subject to the Department's review and approval. Department staff will offer Collaboratives technical assistance on the content and requirements for developing an approvable CAP. The approved CAP will be posted on the Department's website at Public School Corrective Action Plans webpage. Department staff will provide ongoing technical assistance as the Collaborative is implementing the approved corrective action plan. Collaboratives must demonstrate effective resolution of noncompliance identified by the Department as soon as possible, but in no case later than one year from the issuance of the Department's Final Program Review Report. 11 Document # 1: COLLABORATIVE COORDINATOR AND SPECIAL EDUCATION ADMINISTRATOR'S PLANNING GUIDE This checklist is provided to assist the special education administrator (and Collaborative director where applicable) in working with the local Program Review coordinator to plan and implement the special education portion of the Coordinated Program Review (CPR): 1. Collaboratives who receive notification of a scheduled CPR visit for the next school year participate in both the Department’s general introduction and regional training sessions. The first session consists of a detailed orientation webinar regarding the web-based monitoring system (WBMS), which is followed by a mandatory hands-on computer lab training session. Collaboratives should send two (2) or three (3) staff, who will be responsible for collecting, reviewing and inputting the special education student record and document information for the self-assessment. 2. Prepare and submit Collaborative’s student record and documentation self-assessment within the required timeline. Department staff are available to provide technical assistance for both regulatory content and WBMS system technical questions. 3. Work with the local Program Review coordinator to prepare the special education portion of the Collaborative profile of effective programs and practices which includes a description of the strengths in the existing programs and practices. The profile of effective programs and practices should explain why the Collaborative believes that the programs and practices described exceed federal and state special education requirements. The provision of specific examples of effective programs and practices will be shared with the onsite team. It is recommended that this information be provided after the submission of the selfassessment. It can be submitted through “Additional Documents” in WBMS immediately after the self-assessment submission or can be provided to the Monitoring Team Chairperson at the time of the orientation. 4. Participate in the local Program Review coordinator’s and Monitoring Team Chairperson’s orientation meeting(s) and inform administrative and teaching staff about the Program Review, its purpose, the WBMS procedures, and the manner in which general and special education staff will be expected to participate. 5. Prepare student records for the Department’s review. At the orientation meeting, the Monitoring Team Chairperson will inform the special education administrator which special education student records from the WBMS self-assessment will be verified and which additional new records are selected for review. Each student record selected for verification should have a copy of the completed self-assessment (printed from WBMS) placed in the front of each student record. For those new records selected for review, the Special Education Student Record Detail cover sheet should be completed and placed in the front of each record. The Special Education Student Record Detail cover sheet template is located in the WBMS Document Library. The additional new records selected for review will be reviewed for activities conducted since the beginning of the current school year and generally consist of one of three main activities: initial evaluation, annual review and re-evaluation. 12 6. Prepare the notice for the public that announces that the Department is conducting a Coordinated Program Review of the Collaborative and provide contact information for those persons wishing to speak to a member of the onsite team. A template for this notice can be found in the WBMS Document Library. 7. Select a private location for the Department’s CPR Team to use as a meeting space throughout the onsite visit and a location that allows the Department to review student records in a confidential manner for all program areas. 8. Select locations in each school building that allow for the Department to conduct interviews in a confidential manner. 9. The Collaborative submits a complete description of the continuum of special education programs and related services that the Collaborative provides (including both substantially separate and approved public day) as part of the self-assessment. In coordination with the Monitoring Team Chairperson, prepare a list of the classrooms and service delivery locations which have been selected for observation. 10. In coordination with the Monitoring Team Chairperson, prepare the interview and observation schedules (Document #3). At least five days before the onsite visit, issue to every person scheduled for interview the Department’s standard notification letter prepared by the local Collaborative coordinator. The template is located in the WBMS Document Library. 11. Be available throughout the program review, including during the onsite student record review, to answer questions, clarify data, and provide needed assistance. 12. With other Collaborative administrators, respond to factual accuracy of the Draft Report of Comments. 13. With other Collaborative administrators, develop a dissemination plan for making the Final Report available to the public. At a minimum, this plan should include members of the school committee/board of trustees, key Collaborative administrative staff, parents, Special Education Parent Advisory Council representatives and other constituent groups. 14. Participate with the other program directors in the Department’s webinars on developing approvable Corrective Action Plans and Progress Reports. 15. Immediately after the Final Report is published, the Monitoring Team Chairperson will arrange for an onsite technical assistance visit with the local Collaborative coordinator. The superintendent, local program coordinator and all other program directors for those areas requiring corrective action should participate in this technical assistance visit. 16. With other Collaborative administrators, draft the Corrective Action Plan for the School Committee, to be submitted to the Department within 20 business days of receipt of the Final Report. 13 17. Work with Collaborative staff in implementing recommendations and correcting any noncompliance noted in the Final Report, in accordance with the corrective action approved or ordered by the Department, and ensure the timely correction of noncompliance within one year. 18. Submit any required progress reports and documentation requested by the Department, demonstrating the ongoing efforts of the Collaborative to implement the corrective action approved or ordered by the Department fully, effectively, and in a timely manner. 14 Document # 2 TABLE OF SPECIAL EDUCATION PROGRAM REVIEW CRITERIA 2015-2016 Assessment of Students SE 6 Determination of Transition Services SE 13 Progress Reports and Content Student Identification and Program Placement SE 22 IEP implementation and availability Parent and Community Involvement SE 29 Communications are in English and primary language of the home Curriculum and Instruction SE 35 Assistive Technology: Specialized materials and equipment SE 40 Instructional Grouping Requirements SE 41 Age Span Requirements SE 42 Programs for Children Three and Four Years of Age 15 Student Support Services SE 43 Behavioral Interventions SE 45 Procedures for suspension up to 10 days and after 10 days: General requirements SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district SE 48 Equal opportunity to participate in educational, nonacademic, extracurricular, and ancillary programs, as well as participation in general education SE 49 Related services Faculty, Staff, and Administration SE 51 Appropriate special education teacher licensure SE 52 Appropriate certifications/licenses or other credentials-related services providers SE 52A Registration of educational interpreters SE 53 Use of paraprofessionals SE 54 Professional development School Facilities SE 55 Special education facilities and classrooms 16 SPECIAL EDUCATION COORDINATED PROGRAM REVIEW CRITERIA 2015-2016 CRITERION NUMBER ASSESSMENT OF STUDENTS SOURCE OF INFORMATION SE 6 Determination of transition services The Team discusses the student’s transition needs annually beginning no later than when the student is 14 years old and documents its discussion on the Transition Planning Form. Data Student Records Interview Principal or Program Director/ Coordinator Teachers State Requirements M.G.L.c.71B, Sections 12A-C 603 CMR 28.05(4)(c) Federal Requirements 34 CFR 300.320(b); 300.321(b); 300.322(b)(2); 300.324(c) Parent Survey SE 13 Progress reports and content 1. Parents receive reports on the student's progress toward reaching the goals set in the IEP at least as often as parents are informed of the progress of non-disabled students. 2. Progress report information sent to parents includes written information on the student’s progress toward the annual goals in the IEP. 3. Where a student’s eligibility terminates because the student has graduated from secondary school or exceeded the age of eligibility, the Collaborative provides the student with a summary of his or her academic achievement and functional performance, including recommendations on how to assist the student in meeting his or her postsecondary goals. State Requirements 603 CMR 28.07(3) Federal Requirements 34 CFR 300.305(e)(3); 300.320(a)(3) 17 Student Records Summary of academic achievement/functional performance format Description of Collaborative’s procedures to monitor the content and frequency of progress reports and the provision and content of academic achievement/functional performance summaries Teachers Related Service Providers Principal/Program Director Parent Survey CRITERION NUMBER SE 22 STUDENT IDENTIFICATION AND PROGRAM PLACEMENT IEP implementation and availability 1. Where the IEP of the student in need of special education has been accepted in whole or in part by that student's parent, the Collaborative provides the mutually agreed upon services without delay. 2. At the beginning of each school year, there is an IEP in effect for each enrolled student. 3. Each teacher and provider described in the IEP is informed of his or her specific responsibilities related to the implementation of the student’s IEP and the specific accommodations, modifications, and supports that must be provided for the student under it. 4. The Collaborative does not delay implementation of the IEP due to lack of classroom space or personnel, provides as many of the services on the accepted IEP as possible and immediately informs the responsible school district and parents in writing of any delayed services, reasons for delay, actions that the Collaborative is taking to address the lack of space or personnel and offers alternative methods to meet the goals on the accepted IEP. Upon agreement of the responsible school district and parents, the Collaborative implements alternative methods immediately until the lack of space or personnel issues are resolved. State Requirements 603 CMR 28.05(7)(b); 28.06(2)(d)(2) Federal Requirements 34 CFR 300.323 SE 22 is related to State Performance Plan Indicator 3. (See http://www.doe.mass.edu/sped/spp/.) 18 SOURCE OF INFORMATION Data Interview Description of Collaborative procedures to internally monitor the full implementation of IEPs by special educators and related service providers Teachers Student Records Parent Survey Related Service Providers CRITERION NUMBER SE 29 PARENT AND COMMUNITY INVOLVEMENT Communications are in English and primary language of home 1. Communications with parents pertaining to special education such as progress reports and notices of disciplinary actions and other special education related materials as might be generated by the Collaborative as a result of an agreement with the sending school district are in clear and commonly understood words and are in both English and the primary language of the home if such primary language is other than English. Any interpreter used in fulfilling these requirements is fluent in the primary language of the home and familiar with special education procedures, programs, and services. If the parents or the student are unable to read in any language or are blind or deaf, communications required by these regulations are made orally in English with the use of a foreign language interpreter, in Braille, in sign language, via TTY, or in writing, whichever is appropriate, and all such communications are documented. 2. If the Collaborative provides notices orally or in some other mode of communication that is not written language, the Collaborative keeps written documentation (a) that it has provided such notice in an alternate manner, (b) of the content of the notice and (c) of the steps taken to ensure that the parent understands the content of the notice. State Requirements 603 CMR 28.07(8) Federal Requirements 34 CFR 300.322(e); 300.503(c) SE 29 is related to State Performance Plan Indicator 8. (See http://www.doe.mass.edu/sped/spp/.) 19 SOURCE OF INFORMATION Data Interview Student Records (Documentation of accommodations made) Collaborative Director Principals/ Program Director/ Coordinator Teachers Parent Survey CRITERION NUMBER CURRICULUM AND INSTRUCTION Source of Information Data SE 35 Assistive technology: specialized materials and equipment Observation 1. Specialized materials and equipment specified in IEPs are provided. 2. Evidence is provided that assistive technology is considered for each eligible student and—if the student needs it in order to receive a free, appropriate public education—is described in the IEP and provided. Sample list of recently purchased assistive technology devices State Requirements Federal Requirements 34 CFR 300.105; 300.324(a)(2)(v) Interview Collaborative Director Principals/ Program Director/ Coordinator Teachers Parent Survey SE 40 Instructional grouping requirements for students aged five and older 1. The size and composition of instructional groupings for eligible students receiving services outside the general education classroom are compatible with the methods and goals stated in each student's IEP. 2. Instructional grouping size requirements are maximum sizes and the Collaborative exercises judgment in determining appropriate group size and supports for smaller instructional groups serving students with complex special needs. 3. When eligible students are assigned to instructional groupings outside of the general education classroom for 60% or less of the students’ school schedule, group size does not exceed 8 students with a certified special educator, 12 students if the certified special educator is assisted by 1 aide, and 16 students if the certified special educator is assisted by 2 aides. 4. For eligible students served in settings that are substantially separate, serving solely 20 Schedule of instructional groups (by period) including names of students, teachers and aides assigned Teachers Principals/ Program Coordinators Observation Aides CRITERION NUMBER CURRICULUM AND INSTRUCTION 5. 6. 7. Data Interview Schedule of instructional groups (by period) including names of students and dates of birth for each student Principals/ Program Coordinators students with disabilities for more than 60% of the students’ school schedule, the Collaborative provides instructional groupings that do not exceed 8 students to 1 licensed special educator, or 12 students to 1 licensed special educator and 1 aide 16 students to 1 licensed teacher and two aides. After the school year has begun, if instructional groups have reached maximum size as delineated in parts 3 and 4 of this criterion, the administrator of the program, Collaborative director and the certified special educator(s) providing services in an instructional group may decide to increase the size of an instructional grouping by no more than 2 additional students if the additional students have compatible instructional needs. In such cases, the Collaborative provides written notification to the Department and the parents of all group members of the decision to increase the instructional group size and the reasons for such decision. Such increased instructional group sizes are in effect only for the year in which they are initiated. The Collaborative takes all steps necessary to reduce the instructional groups to the sizes outlined in parts 3 or 4 of this criterion for subsequent years. Such steps are documented by the Collaborative. State Requirements 603 CMR 28.06(6) SE 41 Source of Information Federal Requirements Age span requirements The ages of the youngest and oldest student in any instructional grouping do not differ by more than 48 months. A written request for approval of a wider age range is submitted to the commissioner of elementary and secondary education in cases where the Collaborative believes it is justified. Such requests are implemented only after approval of the Department of Elementary and Secondary Education. State Requirements Federal Requirements 21 Copies of any ESE approved age span waivers Teachers CRITERION NUMBER CURRICULUM AND INSTRUCTION Source of Information Data Interview 603 CMR 28.06(6)(f) SE 42 Programs for children three and four years of age General requirements: 1. Where programs are provided for eligible students three and four years of age such programs shall be developmentally appropriate and specially designed for students ages three and four years. 2. Reserved 3. Where appropriate the Team allows a student to remain in a program designed for three and four year old students for the duration of the school year in which the student turns five years old (including the summer following the date of the student's fifth birthday). 4. Where appropriate the Team allows a student to remain ni a program designed for three and four year old students for the duration of the school year in which the student turns five years old (including the summer following the date of the student’s fifth birthday). Types of Settings: 5. Substantially separate programs for young students are located in a public school classroom or facility that serves primarily or solely students with disabilities. Substantially separate programs adhere to the following standards: a. Substantially separate programs are programs in which more than 50% of the students have disabilities. b. Substantially separate programs operated by the Collaborative limit class sizes to 9 students with 1 teacher and 1 aide. State Requirements 603 CMR 28.06(7) Federal Requirements 34 CFR 300.101(b); 300.124(b); 300.323(b) 22 Schedule of instructional groups (by period) including names of students (including disability), teachers and aides assigned and dates of birth for each student Principal/ Program Coordinator Teachers Early Childhood Coordinator CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data SE 43 Behavioral interventions For a student whose behavior impedes their learning or the learning of others, the Team considers the student’s behavior including positive behavioral interventions and the possible need for a functional behavioral assessment. State Requirements Student Records - IEP 2 and/or 3 (Behavioral Intervention Plans) Interview Principal/ Program Director/ Coordinator Teachers Federal Requirements 34 CFR 300.324(a)(2)(i) SE 43 is related to State Performance Plan Indicator 4. (See http://www.doe.mass.edu/sped/spp/.) SE 45 Procedures for suspension up to 10 days and after 10 days: General requirements Any eligible student may be suspended up to 10 days in any school year without implementation of procedures described in criterion SE 46 below. After a student with special needs has been suspended for 10 days in any school year, during any subsequent removal the public school provides sufficient services for the student to continue to receive a free and appropriate public education. The Collaborative provides additional procedural safeguards for students with disabilities prior to any suspension beyond 10 consecutive days or more than 10 cumulative days (if there is a pattern of suspension) in any school year. State Requirements M.G.L. c. 76, sections 16-17 Federal Requirements 34 CFR 300.530-537 SE 45 is related to State Performance Plan Indicator 4. (See http://www.doe.mass.edu/sped/spp/.) 23 Suspension Log of special education students Description of collaborative implementation practices for meeting requirements under this criterion Principals/ Program Director/ Coordinators Teachers Other Designated Collaborative Staff CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district 1. A suspension of longer than 10 consecutive days or a series of suspensions that are shorter than 10 consecutive days but constitute a pattern are considered to represent a change in placement. 2. When a suspension constitutes a change in placement of a student with disabilities, the Collaborative, district personnel, the parent, and other relevant members of the Team, as determined by the Collaborative, parent and the district, convene within 10 days of the decision to suspend to review all relevant information in the student’s file, including the IEP, any teacher observations, and any relevant information from the parents, to determine whether the behavior was caused by or had a direct and substantial relationship to the disability or was the direct result of the failure to implement the IEP—“a manifestation determination.” 3. If Collaborative and district personnel, the parent, and other relevant members of the Team determine that the behavior is NOT a manifestation of the disability, then the suspension or expulsion may go forward consistent with the Collaborative policies and procedures and the student must be offered: a. services to enable the student, although in another setting, to continue to participate in the general education curriculum and to progress toward IEP goals; and b. as appropriate, a functional behavioral assessment and behavioral intervention services and modifications, to address the behavior so that it does not recur. 4. If Collaborative and district personnel, the parent, and other relevant members of the Team determine that the behavior IS a manifestation of the disability, then the Team completes a functional behavioral assessment and behavioral intervention plan if it has not already done so. If a behavioral intervention plan is already in place, the Team reviews it and modifies it, as necessary, to address the behavior. Except when he or she has been placed in an interim alternative educational setting the student returns to the original placement unless the Collaborative, parents and district agree otherwise or the hearing officer orders a new placement. 5. Not later than the date of the decision to take disciplinary action, the parents are notified 24 Student Records Collaborative procedures for disciplining students (Codes of Conduct to be submitted under CR 10A) Interview Principals/ Program Director/ Coordinator Teachers Parent Surveys CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data Interview of that decision and provided with the written notice of procedural safeguards. Any party may requests a hearing because it believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others, the student remains in the disciplinary placement, if any, until the decision of the hearing officer or the end of the time period for the disciplinary action, whichever comes first, unless the parent and the school district agree otherwise. State Requirements SE 48 Federal Requirements 34 CFR 300.530-537 Equal opportunity to participate in educational, nonacademic, extracurricular and ancillary programs, as well as participation in general education All students receiving special education, regardless of placement, shall have an equal opportunity to participate in and, if appropriate, receive credit for the vocational, supportive, or remedial services that may be available as part of the general education program as well as the non-academic and extracurricular programs of the public school where the Collaborative program is located. Programs, services, and activities include, but are not limited to: 1. art and music 2. vocational education, industrial arts, and consumer and homemaking education 3. work study and employment opportunities 4. counseling services 5. health services 6. transportation 7. recess and physical education, including adapted physical education 8. athletics and recreational activities 9. school-sponsored groups or clubs 10. meals State Requirements 603 CMR 28.06(5) Federal Requirements 34 CFR 300.101 – 113 25 Description of the continuum of vocational programs available to all students in the Collaborative program or public school where the program is located Principal/ Program Director/ Coordinator Teachers Parent Survey Description of counseling services available to all students in the Collaborative program or the public school where the program is located Early Childhood Coordinator CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data Interview SE 48 is related to State Performance Plan Indicator 5. (See http://www.doe.mass.edu/sped/spp/.) See also Administrative Advisory SPED 2002-3: Vocational Educational Services for Students with Disabilities SE 49 Related services For each student with special education needs found to require related services the Collaborative provides or arranges for the provision of transportation and such developmental, corrective, and other supportive services as are required to assist a student to benefit from special education or to access the general curriculum, and includes: 1. speech-language pathology and audiology services 2. psychological services 3. physical therapy 4. occupational therapy 5. recreation, including therapeutic recreation 6. counseling services, including rehabilitation counseling 7. orientation and mobility services (peripatology) 8. medical services for diagnostic or evaluation purposes 9. school health services, including school nurse services 10. social work services 11. parent counseling and training, and 12. interpreting services. State Requirements 603 CMR 28.02(18) Federal Requirements) 34 CFR 300.34; 300.323(c) 26 Listing of related services currently provided or contracted by the Collaborative Teachers Related Service Providers Parent Survey CRITERION NUMBER FACULTY, STAFF AND ADMINISTRATION Source of Information Data SE 51 Appropriate special education teacher licensure Individuals who design and/or provide direct special education services described in IEPs are appropriately licensed. State Requirements M.G.L. c. 71, s. 38G; s. 89(qq); 603 CMR 1.07; 7.00; 28.02(3) Federal Requirements 34 CFR 300.18; 300.156 See also Massachusetts Charter Schools Technical Advisory 07-01 at http://www.doe.mass.edu/charter/tech_advisory/07_1.html SE 52 Appropriate certifications/licenses or other credentials -- related service providers Any person, including non-educational personnel, who provides related services described under federal special education law, who supervises paraprofessionals in the provision of related services, or who provides support services directly to the general or special education classroom teacher is appropriately certified, licensed, board-registered or otherwise approved to provide such services by the relevant professional standards board or agency for the profession. State Requirements 603 CMR 28.02(3),(18) Federal Requirements 34 CFR 300.34; 300.156(b) 27 Special education teaching staff roster for hired and contracted staff including the role of each person Electronic copies of teacher licenses or current waivers Related service staff roster for hired and contracted staff, including the role of each person Electronic copies of certificates, licenses, current waivers or other relevant credentials Interview CRITERION NUMBER FACULTY, STAFF AND ADMINISTRATION Source of Information Data SE 52A Registration of educational interpreters Providers of interpreting services for students who are deaf or hard of hearing must be registered with the Massachusetts Commission for the Deaf and Hard of Hearing. State Requirements 603 CMR 28.02(3),(18) Federal Requirements 34 CFR 300.34; 300.156(b) See the Memorandum on New Requirements for Registration of Sign Language Interpreters Who Work in Educational Settings at http://www.doe.mass.edu/news/news.asp?id=3416. SE 53 Use of paraprofessionals 1. Reserved. 2. Persons employed as paraprofessionals and assistants do not design instruction for students with disabilities but are expected to implement instruction under the supervision of an appropriately certified or licensed professional who is proximate and readily available to provide such supervision. State Requirements Federal Requirements Interview Roster of all educational interpreters employed or contracted with by the Collaborative. Electronic copies of educational interpreters’ registrations Observation Description of the current use of paraprofessional staff, including the name of each paraprofessional’s supervisor Collaborative Director Principals/ Program Director/ Coordinators Teachers 34 CFR 300.156 Electronic copies of certificates, licenses, current waivers or other relevant credentials of all supervisors of paraprofessionals (unless already submitted under another criterion) 28 Aides CRITERION NUMBER SE 54 FACULTY, STAFF AND ADMINISTRATION Professional development 1. The Collaborative considers the needs of all staff in developing training opportunities for professional and paraprofessional staff and provides a variety of offerings. 2. The Collaborative ensures that all staff, including both special education and general education staff, are trained on: a. state and federal special education requirements and related local special education policies and procedures; b. (if applicable) analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the general education classroom of students with diverse learning styles; c. (if applicable) methods of collaboration among teachers, paraprofessionals and teacher assistants to accommodate diverse learning styles of all students in the general education classroom; 3. If the Collaborative provides transportation, then the Collaborative provides in-service training for all locally hired and contracted transportation providers, before they begin transporting any special education student receiving special transportation, on his or her needs and appropriate methods of meeting those needs; for any such student it also provides written information on the nature of any needs or problems that may cause difficulties, along with information on appropriate emergency measures. Transportation providers include drivers of general and special education vehicles and any attendants or aides identified by a Team for either type of vehicle. State Requirements M.G.L. c. 71, section 38G , 38Q and 38Q ½; 603 CMR 28.03(1)(a); 28.06(8)(b) and (c) Federal Requirements Parts 1 and 2 of SE 54 are related to State Performance Plan Indicator 5. (See http://www.doe.mass.edu/sped/spp/.) 29 Source of Information Data Interview Staff training agendas and other documentation of training on special education requirements, policies, and procedures and training related to the accommodation of diverse learning styles in general education for paraprofessional staff and general and special education teachers Collaborative Director Documentation of inservice training for transportation providers and samples of information provided on students’ needs and appropriate emergency measures Teachers Early Childhood Coordinator CRITERION NUMBER SCHOOL FACILITIES Source of Information Data SE 55 Special education facilities and classrooms The Collaborative program is located in facilities and classrooms that 1. maximize the inclusion of such students into the life of the school; 2. provide accessibility in order to implement fully each student’s IEP; 3. are at least equal in all physical respects to the average standards of any general education facilities and classrooms in the building in which they are located; 4. are given the same priority as any general education programs in the allocation of instructional and other space in the public school building in which they are lcoated in order to minimize the separation or stigmatization of eligible students; and 5. are not identified by signs or other means that stigmatize such students. State Requirements 603 CMR 28.03(1)(b) Federal Requirements Section 504 of the Rehabilitation Act of 1973 SE 55 is related to State Performance Plan Indicator 5. (See http://www.doe.mass.edu/sped/spp/.) (See related requirements under CR 22) 30 Observation Interview Public School Principal (of host school) Teachers Coordinated Program Review Collaborative: __ Document #3: Onsite Team Member Interview and Observation Schedule ESE TEAM MEMBER: _ ___ Date: Time Interviewee (or note “Observation”) Day: Role Building Name (or type of facility) 31 _________________ Room Location Comments Document #4: List of Interviewees for Special Education and Civil Rights Key administrators, other appropriate staff, and Special Education PAC representatives will be interviewed about the special education program. The Collaborative or the Department may add to this list others who would be helpful in describing efforts undertaken to implement special education requirements. The local coordinator/administrator of special education should consult with the monitoring chairperson to prepare the interview roster for special education. In the preparation of interview schedules (see Document #3), the local Program Review coordinator will need to ensure that every staff member to be interviewed about special education and civil rights is scheduled for an interview only once. TITLE NAMES Collaborative Director Principal(s) (or Asst. Principal(s))/Program Coordinators from each program included in the review. Public School Principal for each program located in a public school in which a classroom observations will be conducted. Teacher Aide(s)/Paraprofessional(s)/ Classroom Assistant(s) See Interviews in the Collaborative Information Packages for selection criteria. Special Education Teacher(s) or Related Service providers See Interviews in the Collaborative Information Packages for selection criteria. Special Education PAC Member(s) (Chairperson and others selected by the PAC) (if applicable) Early Childhood Program Coordinator Civil Rights Coordinator 32 Collaborative: Program: Massachusetts Department of Elementary and Secondary Education Document #5: FACILITIES/CLASSROOM OBSERVATION FORM Level: Date: TEACHER (S) Room #: PS EL MID HS MULTI Time of Observation: FOR ROOM WITH HEARING-IMPAIRED STUDENTS: CLASSROOM USE Classroom Has: FLOOR a. Ceiling treated for good acoustics b. Shades or drapes on windows c. Adequate overhead lighting d. Visually cued fire alarm LOCATION BSMT 1 2 3 Other TEACHER / STUDENT RATIO OK # Students # Teachers # Aides Among other classrooms End of corridor Other: OK PROBLEM (DESCRIBE) Space PHYSICAL CONDITION Good maintenance of audio feedback equip. FOR FACILITY WITH MOBILITY IMPAIRED STUDENTS: Accessible: a. Building Entrance Lighting b. lavatories Acoustics c. classrooms Attractiveness d. corridors Maintenance e. cafeteria Distractions: f. auditorium Visuals g. playground Auditory h. gymnasium i. pool j. all programs required by IEP CLASSROOM/FACILITY IS: YES NO COMMENTS a. At least equal to average standard for rest of system ____________________________________________________________ b. Adequate for type of instruction/activity ____________________________________________________________ c. Adequate for number of students ____________________________________________________________ d. Placed in an area to facilitate integration with regular education ____________________________________________________________ e. Identified with positive or neutral sounding name, if any ____________________________________________________________ f. Free of physical problems ____________________________________________________________ YES NO If no mobility-impaired student is presently enrolled and building is the only one at the level, e.g., one high school and it is not accessible, there is a plan as required by s.504 for modifications to make building accessible. COMMENTS: 33 NO e. Ventilation SUMMARY YES LUNCHROOM: Students sit with general education students Document # 6: TABLE OF CIVIL RIGHTS AND OTHER GENERAL EDUCATION REVIEW CRITERIA 2015-2016 Parent and Community Involvement CR 7 Information to be translated into languages other than English Curriculum and Instruction CR 7A School Year Schedules CR 7B Structured learning time CR 7C Early release of high school seniors Student Support Services CR 10 Anti-hazing CR 10A Student handbooks and codes of conduct CR 10B Bullying Intervention and Prevention CR 17A Use of physical restraint on any student enrolled in a publicly-funded education program Faculty, Staff, and Administration CR 20 Staff training on confidentiality of student records CR 21 Staff training regarding civil rights responsibilities Record Keeping CR 26A Confidentiality and student records 34 CIVIL RIGHTS COORDINATED PROGRAM REVIEW CRITERIA 2015-2016 CRITERION NUMBER STUDENT IDENTIFICATION AND PLACEMENT Source of Information Data CR 7 Information to be translated into languages other than English 1. Important information and documents, e.g. handbooks and codes of conduct, being distributed to parents are translated into the major languages spoken by parents or guardians with limited English skills; the Collaborative has established a system of oral interpretation to assist parents/guardians with limited English skills, including those who speak low-incidence languages. 2. Recruitment and promotional materials being disseminated to residents in the area served by the Collaborative are translated into the major languages spoken by residents with limited English skills. Copies of information and documents, including handbooks and codes of conduct, distributed in English and in translation Title VI; EEOA: 20 U.S.C. 1703(f); M.G.L. c. 76, s. 5; 603 CMR 26.02(2) Description of system of oral interpretation; related documents Implementation Guidance: In order to be able to fulfill the requirements of part 1, the Collaborative must have (and use) a system for determining which parents/guardians have limited English skills and so need translations or interpreters. Copies of school or program recruitment and promotional materials in English and in translation Description of distribution, dissemination methods 35 Interview Collaborative Director CR Coordinator CRITERION NUMBER CURRICULUM AND INSTRUCTION Source of Information Data CR 7A School year schedules Before the beginning of each school year, the Collaborative sets a school year schedule for each program/school. The school year includes at least 185 school days for students in grades 1-12 at each elementary, middle, and secondary school in the Collaborative, and these programs/schools are in operation for at least 180 days a year for these students. 2. The Collaborative ensures that unless his or her IEP provides otherwise, each elementary school student is scheduled for at least 900 hours of structured learning time a year and each secondary school student is scheduled for at least 990 hours of structured learning time a year, within the required school year schedule. Where the Collaborative operates separate middle schools, it designates each one as either elementary or secondary. 3. Where the Collaborative sets a separate school year and school day schedule for kindergarten programs, it provides at least 425 hours of structured learning time a year. If the Collaborative schedules two sessions of kindergarten a day, it ensures equal instructional time for all kindergarten students. 1. CR 7B M.G.L. c. 69, s. 1G; 603 CMR 27.03, 27.04 Structured learning time The Collaborative ensures that its structured learning time is time during which students are engaged in regularly scheduled instruction, learning, or assessments within the curriculum of core subjects and other subjects as defined in 603 CMR 27.02 (including physical education, required by M.G.L. c. 71, s. 3). The Collaborative’s structured learning time may include directed study (activities directly related to a program of studies, with a teacher available to assist students), independent study (a rigorous, individually 36 (See Appendix III for an explanation of the Student Learning Time Worksheets to be completed pursuant to this criterion.) Interview Principals/ Program Director/ Coordinator Teachers The Student Learning Time Worksheets are available on the WBMS Library Description of the Collaborative policies and practices related to directed study, independent study, technology-assisted learning, presentations by persons other than teachers, Principals/ Program Director/ Coordinator Teachers CRITERION NUMBER CURRICULUM AND INSTRUCTION designed program under the direction of a teacher, assigned a grade and credit), technology-assisted learning, presentations by persons other than teachers, school-to-work programs, and statewide student performance assessments. The Collaborative ensures that its structured learning time does not include time at breakfast or lunch, passing between classes, in homeroom, at recess, in non-directed study periods (study halls), participating in optional school programs, or receiving school services such as health screening, speech, or physical and occupational therapy, except where those services are prescribed by a student’s IEP or Section 504 Accommodation Plan. The hours spent in any type of structured learning time are verified by the Collaborative. Where the Collaborative counts independent study or a schoolto-work program as structured learning time, it has guidelines that explain clearly how hours spent by students are verified. M.G.L. c. 69, s. 1G; 603 CMR 27.02, 27.04 CR 7C Early release of high school seniors When the Collaborative schedules the early release at the end of the year of the senior class of a high school, it does so in a way that conforms with Board of Elementary and Secondary Education requirements under 603 CMR 27.05, ensuring that neither the conclusion of the seniors’ school year nor graduation is more than 12 school days before the regular scheduled closing date of that school. M.G.L. c. 69, s. 1G; 603 CMR 27.05 37 Source of Information Data and school-to-work programs Interview Description of any other policies related to structured learning time Procedures for verification of hours spent by students in independent study or school-to-work programs. (See Appendix III for an explanation of the Student Learning Time Worksheets to be completed pursuant to this criterion.) (See Appendix III for an explanation of the Student Learning Time Worksheets to be completed pursuant to this criterion.) Secondary Principals/ Program Directors/ Coordinators CRITERION NUMBER CURRICULUM AND INSTRUCTION Source of Information Data Interview Implementation Guidance- Criterion CR 7A, 7B and 7C: Unless state or federal law provides otherwise, 1. the requirements of CR 7A, 7B, and 7C apply to all public school districts, including charter schools and vocational-technical schools, and to Collaboratives. 2. Collaboratives must fulfill the requirements for setting a school year schedule for each of their schools and programs, and 3. Collaboratives must ensure the scheduling of the required structured learning time for each student in a publicly funded school or program, with structured learning time for students in grades 1-12 being distributed over a minimum of 180 school days per year. CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data CR 10 Anti-Hazing Reports 1. The principal/program director of each secondary school issues a copy of M.G.L. c. 269 §§ 17 through 19, to every student enrolled full-time, and every student group, student team, or student organization, including every unaffiliated student group, student team, or student organization, and a copy of the school’s anti-hazing disciplinary policy approved by the school committee. 2. Each secondary school files, at least annually, a report with the Department certifying a) Its compliance with its responsibility to inform student groups, teams, or organizations, and every full-time enrolled student, of the provisions of M.G.L. c. 269 §§ 17 through 19; b) Its adoption of a disciplinary policy with regard to the organizers and participants of hazing; and 38 Report on file with Department on or before Oct. 1. Documentation of receipt of the required documents by students. Copies of student handbooks or disciplinary code distributed to students Interview Principals/ Program Directors/ Coordinators CRITERION NUMBER STUDENT SUPPORT SERVICES c) That the hazing policy has been included in the student handbook or other means of communicating school policies to students. Authority: M.G.L. c. 269 §§ 17 through 19 CR 10A Student handbooks and codes of conduct 1. a) The Collaborative has a code of conduct for students and one for teachers. b) The principal/program director of every school containing grades 9-12 prepares, in consultation with the Board of Directors, a student handbook containing the student code of conduct and distributes it to each student annually, as well as to parents and school personnel; the Collaborative revises the student code of conduct every year. c) The principal/program director of every school containing other grades distributes the student code of conduct to students, parents, and personnel annually. d) At the request of a parent or student whose primary language is not English, a student handbook or student code of conduct is translated into that language. 2. Student codes of conduct contain: a) procedures assuring due process in disciplinary proceedings and b) appropriate procedures for the discipline of students with special needs and students with Section 504 Accommodation Plans. 3. Student handbooks and codes of conduct reference M.G.L. c. 76, s. 5 and contain: d) nondiscrimination policy that is consistent with M.G.L. c. 76, s. 5, and affirms the school’s non-tolerance for harassment based on race, color, national origin, sex, gender identity, religion, or sexual orientation, or discrimination on those same bases; e) the procedure for accepting, investigating and resolving complaints alleging discrimination or harassment; and 39 Source of Information Data Signed acknowledgements from designated officers of student groups, teams, organizations Interview The code of conduct for teachers Collaborative Director All handbooks and codes of conduct for students (including student handbooks and codes of conduct that have been translated on request into languages other than English) CR Coordinator Principals/ Program Director/ Coordinator Teachers CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data Interview f) the disciplinary measures that the school may impose if it determines that harassment or discrimination has occurred. Section 504; M.G.L. c. 71, s. 37H; 603 CMR 26.08 CR 10B Bullying Intervention and Prevention 1. The Collaborative must update school handbooks to conform to their updated amended Bullying Prevention and Intervention Plan (Plan). The Collaborative handbook (and updated Plan) must be consistent with the amendment to the Massachusetts anti-bullying law, which became effective July 1, 2013. The amendments extend protections to students who are bullied by a member of the school staff. As defined by G.L.c. 71, 370, as amended, a member of the school staff includes, but is not limited to a “educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional.” The Collaborative handbook must make clear that a member of the school staff may be named the “aggressor” or “perpetrator” in a bullying report. 2. Collaborative employee handbooks must contain relevant sections of the Plan relating to the duties of faculty and staff. 3. Each year the Collaborative must give parents and guardians annual written notice of the student-related sections of the local Plan. 4. Each year the Collaborative must provide all staff with annual written notice of the Plan. 5. The Collaborative must implement, professional development for all staff that includes developmentally appropriate strategies to prevent bullying incidents; developmentally appropriate strategies for immediate, effective interventions to stop bullying incidents; information regarding the complex interaction and power differential that can take place 40 Copies of applicable section of student handbooks Collaborative Director Copies of applicable section of employee handbooks Teachers Translated copies of the Bullying Prevention and Intervention Plan Documentation of professional development for all staff Principals/ Program Director/ Coordinator CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data between and among a perpetrator, victim and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment; information on the incidence and nature of cyber-bullying; and internet safety issues as they relate to cyber-bullying. State Requirements M.G.L.c. 71, section 37H, as amended by Chapter 92 of the Acts of 2010 and as amended by sections 72-74 of Chapter 38 of the Acts of 2013. M.G.L.c. 71, section 37O (e) (1) & (2). M.G.L.c. 71, section 370(d). 41 Interview CRITERION NUMBER STUDENT SUPPORT SERVICES Source of Information Data CR 17A Use of physical restraint on any student enrolled in a publicly-funded education program 1. a) The Collaborative has developed and implemented staff training at least annually on the use of physical restraint consistent with regulatory requirements. Such training occurs within the first month of each school year and, for employees hired after the school year begins, within a month of their employment. b) At the beginning of each school year, each program identifies staff authorized to serve as schoolwide resources to help ensure the proper administration of physical restraint. Staff so identified have completed in– depth training in the use of physical restraint consistent with 603 CMR 46.03(3) and (4). 2. The Collaborative administers physical restraint on students only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm. The Collaborative implements restraint procedures consistent with Department of Elementary and Secondary Education regulations in order to prevent or minimize any harm to the student as a result of the use of physical restraint. 3. The Collaborative has developed written procedures regarding appropriate responses to student behavior that may require immediate intervention. Such procedures are annually reviewed and provided to school staff and made available to parents of enrolled students. 4. The Collaborative has developed and implemented reporting requirements and procedures for administrators, parents and the Department consistent with the regulations. M.G.L. c. 71, s. 37G; 603 CMR 46.00 42 Interview Collaborative policies and procedures (including reporting procedures) for the implementation of 603 CMR 46.00 Collaborative Director Standard parent notice of the Collaborative’s restraint policies and procedures Collaborative Staff Schedule of staff training for all existing staff and provisions for training of newly hired staff Names of staff in each school identified as schoolwide resources; dates of their in-depth training Outline of training topics Log of restraints lasting over five minutes or where injury to the staff or student occurs CR Coordinator CRITERION NUMBER FACULTY, STAFF AND ADMINISTRATION Source of Information Data CR 20 Staff training on confidentiality of student records The Collaborative trains personnel on the provisions of the Family Educational Rights and Privacy Act, M.G.L. c. 71, s. 34H, and 603 CMR 23.00 and on the importance of information privacy and confidentiality. FERPA: 20 U.S.C. § 1232g; 34 CFR Part 99; M.G.L. c. 71, s. 34H; 603 CMR 23.00, esp. 23.05(3) Interview Collaborative Professional Development Plans Collaborative Director Training agendas with topics and dates and other documentation of training on confidentiality of student records for school personnel Principals/ Program Director/ Coordinator Teachers CR 21 Staff training regarding civil rights responsibilities The Collaborative provides in-service training for all personnel at least annually regarding civil rights responsibilities, including the prevention of discrimination and harassment on the basis of students’ race, color, sex, gender identity, religion, national origin and sexual orientation and the appropriate methods for responding to it in the program setting. Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20 U.S.C. 1681; 34 CFR 106.31-106.42; M.G.L. c. 76, s. 5; 603 CMR 26.00, esp. 26.07(2), (3) Training agendas with topics and personnel attending, and civil rights training topics offered such as: state equal educational opportunity regulations federal laws/regulations prohibiting discrimination against students antidiscrimination/diversity awareness training) Collaborative Director CR Coordinator/ Staff Development Coordinator Principals/ Program Director/ Coordinators All Other Collaborative Staff 43 CRITERION NUMBER FACULTY, STAFF AND ADMINISTRATION Source of Information Data CRITERION NUMBER RECORD KEEPING Source of Information Data CR 26A Interview Confidentiality and student records 1. In accordance with federal and state requirements, the Collaborative protects the confidentiality of any personally identifiable information that it collects, uses or maintains. 2. The Collaborative maintains and provides access to student records in accordance with federal and state requirements. FERPA: 20 U.S.C. § 1232g; 34 CFR Part 99; M.G.L. c. 71, s. 34H; 603 CMR 23.05, 23.07 44 Student records Interviews Interview All Collaborative Staff COORDINATED PROGRAM REVIEW PROCEDURES Collaborative Information Package 2015-2016 Appendix I: Student Record Review Procedures 45 Guidance for Selecting Student Records Records selected should include a cross-section of all age groups, elementary, middle and high school levels, type of disability, and location. For all student records being selected, include a variety of responsible school districts and demographic characteristics. The range for the number of records to be selected is as follows: If the program has a total enrollment of: Up to 25 students 26 - 50 students 51 – 100 students Over 100 students Then select this number of student records: All special education student records (to a maximum of 10). 10-15 special education student records 15-20 special education student records 20+ special education student records NOTE: Always include one record containing each of the following, if it exists. A parent whose primary language is not English A student whose primary language is not English With a mix of as many of these additional categories as possible: A student who has participated in MCAS on demand with accommodations A student who has participated in MCAS Alternate Assessment A student whose IEP has been revised mid-year An unplanned or emergency termination A student on a specific/individual behavior support plan 0 A student has been suspended for 10+ days 46 Specific Selection Criteria: Examples For Example, a Collaborative that serves a special education population of more than 100 students will select 20 records as follows: Focus Area: Procedures for Suspension Recommended # (If applicable/as available) (Up to) Three Selection Criteria: Transition: A. Early Childhood (Up to) Two Two (2) students suspended beyond ten (10) Days One (1) emergency termination Two (1) records of students from Early Intervention programs One (1) record of student from other referral source (e.g. agency or school district screening) Transition: B. Postsecondary including (Up to) Four One (1) student aged 14 – 15 One (1) student aged 16 – 17 One (1) student aged 18+ One (1) student receiving vocational educational services, if applicable. Behavioral Interventions (Up to) Three At least two (2) records should be for students on an individual behavior support plan. At least one (1) record of student who has undergone a restraint. 47 * When selecting student records for the focus areas, please note that some records can fulfill the requirements for multiple focus areas. For example: Student Student A Student B Student C Sample Profile 1. 18 years old (Grade 12) 2. Most recent activity – reevaluation Three-year old from early intervention program 2. Most recent activity – initial 1. 1. 2. 3. 14 years old (Grade 8) Most recent activity – annual Home language identified as a language other than English 1. 2. 3. 4. 5. 1. 2. 3. 4. 1. 2. 3. 4. Focus Areas for Self-assessment Team Process IEP, Placement and Progress Reporting Assessment Transition – Postsecondary Behavior Support Plan in Place Team Process IEP, Placement and Progress Reporting Assessment Transition - Early Childhood Team Process IEP, Placement and Progress Reporting Transition - Postsecondary Primary Language of the Home other than English Parent Surveys: After you have selected your records, you will be required to upload a list of the student names for those records selected for your self-assessment that includes parent/guardian name, mailing address, and the primary language of the home. ESE will send out parent surveys. 48 Parent/Guardian Surveys: Parent/Guardian surveys will be sent out by the Department to all parents/guardians whose child’s student record your program selected for review, as well as additional parent/guardian surveys to a matching number of parents/guardians of students enrolled in the program. STUDENT ROSTER Student Name D.O.B. School District Parent Name and Address 49 Primary Disability Level of Need IEP Dates Primary Language of the Home Collaborative Program Where Student Placed COORDINATED PROGRAM REVIEW PROCEDURES Collaborative Information Package 2015-2016 Appendix II Tables of Special Education and Civil Rights and Other General Education Documentation Requirements 50 Table of Special Education and Civil Rights and Other General Education Required Documentation Special Education Documentation The onsite team relies on Educational Collaborative documentation regarding special education programs and services. Local Program Review Coordinators are encouraged to notify the Onsite Chairperson in cases where the Collaborative is providing documentation to the onsite team other than that described below. Documentation for all of the SE criteria is listed in the table below. The purpose of this table is to assist the Collaborative with the preparation of documentation for the program review. For additional guidance on policies and procedures required under state and federal law, refer to the numerous Special Education Administrative Advisories issued by the Department on many of the topics covered by the special education compliance criteria. The Department’s Special Education Administrative Advisories are available at http://www.doe.mass.edu/sped/advisories/default.html - archive and additional technical assistance is available at http://www.doe.mass.edu/sped/ and http://www.doe.mass.edu/pqa/. Please note the following for your responses: A policy is the school district or Collaborative’s rule or standard as voted on by a School Committee or a Board of Directors, or as established by a designee, such as a Superintendent or Director. When providing information regarding a policy, do not submit laws or regulations copied from the Department’s website or other sources. A procedure is the method and practice through which policies are implemented. A description of a procedure should include at minimum, who is responsible, to undertake what activity, under what circumstances, within what timelines and under whose supervision. TABLE OF DOCUMENTATION REQUIREMENTS FOR SPECIAL EDUCATION Special Education Criterion Number SE 13 Progress Reports and content Document Description Progress Report format Summary of academic achievement/functional performance format Description of Collaborative procedures to monitor the content and frequency of progress reports and the provision and content of academic achievement/functional performance summaries. 51 Special Education Criterion Number Document Description SE 22 IEP implementation and availability SE 35 Assistive Technology Description of the Collaborative’s procedures for monitoring the implementation of IEPs. List of recently purchased assistive technology devices SE 40 Instructional grouping requirements for students aged five and older Schedule of instructional groups (by period) including names of students, teachers and aides assigned. SE 41 Age span requirements Provide a current list of all special education instructional groups (by period) including names of students, teachers and paraprofessionals. SE 42 Programs for young children three and four years of age Provide a current list of all special education instructional groups (by period) for young children three and four years old including names of students (including disability status and dates of birth), teachers and paraprofessionals. SE 45 A current suspension log of special education students, maintained by the Procedures for suspension up to 10 days Collaborative. and after 10 days: Description of the Collaborative’s written procedures for the discipline of General requirements students with disabilities. SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Collaborative Description of the Collaborative’s written procedures for the discipline of students with disabilities. . 52 Special Education Criterion Number SE 48 Equal opportunity to participate in educational, nonacademic, extracurricular and ancillary programs, as well as participation in general education SE 49 Related services Document Description Description of the vocational, supportive, or remedial services that may be available as part of the general education program as well as the nonacademic and extracurricular programs of the public school where the Collaborative program is located. List of related services currently provided or contracted for by the Collaborative. SE 51 Appropriate special education teacher licensure Special education teaching staff roster for hired and contracted staff including the role of each person. Copies of teacher licenses or current waivers for these persons. SE 52 Appropriate certifications/licenses or other credentials -related service providers Related service staff roster for hired and contracted staff, including the role of each person. Copies of certificates, licenses or waivers or other relevant credentials. SE 52A Registration of educational interpreters Copy of the interpreter’s registration with the Massachusetts Commission for the Deaf and Hard of Hearing. SE 53 Description of the Collaborative’s practices for the use of paraprofessional Use of paraprofessionals staff, including the name of each paraprofessional’s supervisor Training agendas and sign-in sheets from paraprofessional participation in special education staff development. SE 54 Professional development List of all professional development activities, and the dates held, in the last two years for Collaborative staff. Documentation of in-service training for transportation providers, which includes drivers of regular and special education vehicles and any attendants or aides identified by a Team. 53 Civil Rights/General Education Documentation In monitoring the implementation of civil rights and other general education requirements, the onsite team relies heavily on documentation. The documentation that the Collaborative must submit for this portion of the Coordinated Program Review is listed in the table below according to criterion number. For criteria not listed in this table (where no specific document is required), the Collaborative is encouraged to submit information that it believes provides evidence that the criterion is being implemented. Local Program Review coordinators are encouraged to notify the onsite chairperson in cases where the Collaborative is providing documentation to the Onsite Team other than that described below. All documents will be submitted using WBMS. TABLE OF DOCUMENTATION REQUIREMENTS FOR CIVIL RIGHTS/GENERAL EDUCATION Criterion Number Required Documentation Copies of information and documents published in English and in translation CR 7 Information to be translated into languages other than English Description of system of oral interpretation; related documents Copies of school or program recruitment and promotional materials in English and in translation Description of distribution, dissemination methods 54 CR 7A School year schedules (See Appendix III for an explanation of the Student Learning Time Worksheets to be completed pursuant to this criterion.) CR 7B Structured learning time Description of the Collaborative’s policies and practices related to directed study, independent study, technology-assisted learning, presentations by persons other than teachers, and school-to-work programs Description of any other policies related to structured learning time Procedures for verification of hours spent by students in independent study or school-to-work programs. (See Appendix III for an explanation of the Student Learning Time Worksheets to be completed pursuant to this criterion.) CR 7C Early release of high school seniors (See Appendix III for an explanation of the Student Learning Time Worksheets to be completed pursuant to this criterion.) CR 10 Anti-hazing reports Report on file with Department on or before Oct. 1. Documentation of receipt of the required documents by students. Copies of student handbooks or disciplinary code distributed to students Signed acknowledgements from designated officers of student groups, teams CR 10A Student handbooks and codes of conduct The code of conduct for teachers All handbooks and codes of conduct for students (including student handbooks and codes of conduct that have been translated into languages other than English) Copies of applicable section of student handbooks CR 10B Bully intervention and prevention Copies of applicable section of employee handbooks Translated copies of the Bullying Intervention and Prevention Plan Documentation of professional development for all staff 55 CR 17A Use of physical restraint on any student enrolled in a publicly-funded education program Collaborative policies and procedures (including reporting procedures) for the implementation of 603 CMR 46.00 Standard parent notice of Collaborative’s restraint policies and procedures Name of person responsible for staff training on use of restraint Schedule of staff training for all existing staff and provisions for training of newly hired staff Names of staff in each school/program identified as resources; dates of their in-depth training Outline of training topics (both for staff who are resources and for all staff) Log of restraints lasting over five minutes or where injury to the staff or student occurs Copies of any individual waivers issued by the Collaborative and parent responses Collaborative professional development plans CR 20 Staff training on confidentiality of student records CR 21 Staff training regarding civil rights responsibilities CR 26 A Student records confidentiality Training agendas and other documentation of training on confidentiality for personnel Lists of dates, presenters, personnel attending, and civil rights training topics offered (such as state equal educational opportunity regulations, federal laws/regulations prohibiting discrimination against students, and/or antidiscrimination/diversity awareness training) A description of the Collaborative’s policies and procedures to ensure confidentiality of student records. 56 COORDINATED PROGRAM REVIEW PROCEDURES Civil Rights and Other General Education Requirements 2015-2016 APPENDIX III: Structured Learning Time Worksheets Pursuant to Criteria CR 7A – School Year Schedules CR 7B – Structured Learning Time CR 7C – Early Release of High School Seniors 57 CR 7A, 7B, 7C Student Learning Time Worksheets Purpose and Directions PURPOSE: The purpose of the Student Learning Time Regulations (603 CMR 27.00) is to ensure that every publicly-funded school in Massachusetts provides sufficient structured learning time equitably for all students. During a Coordinated Program Review, as part of the Department’s efforts to ensure compliance with these regulations, the Collaborative director and the principal/program director or program coordinator of each program selected for the Coordinated Program Review are required to review the structured learning time that all students are scheduled to receive and to make any changes necessary to conform with the Board of Elementary and Secondary Education’s regulations. DIRECTIONS: The Collaborative Director should complete a copy of the Student Learning Time Worksheet with respect to the annual schedule for all the programs to be reviewed. The Collaborative Director should also distribute a copy of the Student Learning Time Worksheet to each Program Director/Coordinator so that he/she can complete the form for his/her program and return it to the Collaborative Director. Where a program has an instructional group whose schedule does not conform to the standard instructional schedule, the Collaborative Director or Program Director/Coordinator should complete a separate copy of the worksheet for that instructional group, noting the name of the instructional group at the top after the name of the program. Please supply a completed worksheet for the Collaborative programs to be reviewed to the CPR chairperson at least 8 weeks before the onsite visit. If any program is not in full compliance with standards described under the program review criteria CR 7A, 7B, 7C and M.G.L. c.71, sec.3 (requirements for student learning time and physical education), attach to the Student Learning Time Worksheet the Collaborative’s plan to bring all programs into full compliance with the Board of Elementary and Secondary Education regulations. (For CR 7A, 7B, and 7C, see http://www.doe.mass.edu/pqa/review/cpr/instrument/civilrights.pdf; for M.G.L. c. 71, s. 3 see http://www.mass.gov/legis/laws/mgl/71-3.htm.) The time and learning November 2012 advisory notice can be accessed on the Department’s website here: http://www.doe.mass.edu/news/news.aspx?id=6682 The Time and learning Question and Answer guide can be accessed on the Department’s website here: http://www.doe.mass.edu/edreform/timelearn/qanda.html# 58 COLLABORATIVE STUDENT LEARNING TIME WORKSHEET 2015-2016 School Year (Page 1 of 2) Collaborative: _________________________________________________ 1. How many total days are scheduled for the school year including days set aside for professional development and weather-related days? ______days 2. How many days in the school year are ALL students scheduled to attend? Do not include kindergarten. Do not include orientation days unless all grades are in attendance. Do not subtract senior early release days. ______days 3. The middle schools are designated as: (Check one)_____Elementary (900 hours) OR _______Secondary (990 hours) 4. If the Collaborative operates a kindergarten program how many annual hours are scheduled for kindergarten students? (Please give the figures for all types of kindergarten programs in the Collaborative; label “NA” any type of program that the Collaborative does not have.) _______Morning half-day programs _______Afternoon half-day programs _______Full-day programs 5. Are there any Collaborative programs that are not in full compliance with program review criteria CR 7A, 7B, and 7C (http://www.doe.mass.edu/pqa/review/cpr/instrument/civilrights.pdf) and M.G.L. c. 71, s. 3 (regarding physical education) (http://www.mass.gov/legis/laws/mgl/71-3.htm)? Yes No (See Next Page) 59 COLLABORATIVE STUDENT LEARNING TIME WORKSHEET 2015-2016 School Year (Page 2 of 2) Collaborative: _________________________________________________ If “yes,” identify the program and the area(s) of noncompliance ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Attach the Collaborative’s plan to bring all programs into full compliance. At a minimum, this plan must include: • A complete description of the corrective action activities the Collaborative will implement • Target completion dates • Anticipated results • Evidence of completion • Person(s) responsible for implementation of activities • The Collaborative’s process for evaluating corrective action and ensuring ongoing compliance ______________________________________________________ (Signature of Collaborative Director) 60 _________________ (Date) PROGRAM STUDENT LEARNING TIME WORKSHEET 2015-2016 School Year (Page 1 of 2) Name of Collaborative Program:____________________________________________ Level (Elementary, Middle, Secondary): __________________ Grades in School:______________________ Check One: This worksheet applies to all students within the program. There is a separate copy of this worksheet attached for each instructional group whose schedule does not conform to the standard instructional schedule. (On the separate copy, write the name of the group after the name of the program.) 1. Of the number of student days scheduled in the student year (minimum 180), how many are scheduled early release days or scheduled delayed opening days (e.g., day before holiday, professional development, parent conferences)? _______days 2. How many annual structured learning hours are students missing due to scheduled early release or scheduled delayed opening? _______hrs. _______mins. 3. The student day begins at _____A.M. and ends at _____P.M.; therefore the student day contains: _______hrs. _______mins. 4. How much time is spent per day in homeroom, at breakfast and lunch, passing between classes, at recess, conducting health screenings and preventative services, and in non-directed study? 5. 6. _______hrs. _______mins Subtract the amount of daily non-instructional time in number 4 from the total time indicated in number 3. This gives the daily structured learning time per student. _______hrs. _______mins. How many days in your school year are ALL STUDENTS scheduled to attend? Do not include kindergarten. Do not include orientation days unless all students are required to attend. Do not subtract senior early release days. _______days 7. Multiply the daily structured learning time indicated in number 5 by the number of student days in number 6. This equals: _______hrs. _______mins. (See Next Page) 61 PROGRAM STUDENT LEARNING TIME WORKSHEET 2015-2016 School Year (Page 2 of 2) Name of Collaborative Program:____________________________________________________ 8. From the total in number 7, subtract the time not scheduled because of early release or delayed opening indicated in number 2. This gives the amount of annual structured learning time. _______hrs. _______mins. 9. List all grades (including kindergarten) in which physical education is taught as a required subject for all students in the grade: Grades: _________________________________________________________ 10. (Only for programs have grade 12) What was the last day of attendance for seniors last year? _______________________________________ What was the date of graduation last year? _____________________________ What was the regular scheduled closing date for your school last year? ______________________________ (NOTE: No other group of students (grades 1-11) is eligible for release before the end of the school year.) _________________________________________________ (Signature of person completing this worksheet) ______________________ (Date) Note: Where this school does not comply with CR 7A, 7B, 7C or M.G.L. c. 71, s. 3 (regarding physical education), an action plan to bring it into full compliance is to be attached to the Student Learning Time Worksheet. 62 Document # 7 TABLE OF APPROVED PUBLIC DAY PROGRAM REVIEW CRITERIA 2015-2016 3.1 Policies & Procedures Manual 3.2 Health Care Manual 4.2 Public Information and Postings 4.5 Immediate Notification 5.2 Policies and Procedures for Coordination/Collaboration with Public School District 5.2 (a) Contracts 6.1 Daily Instructional Hours 8.5 Current IEP & Student Roster 8.8 IEP Progress Reports 9.1 Policies and Procedure for Behavior Support 9.1(a) Student Separation Resulting from Behavior Support 9.4 Physical Restraint 9.6 10+ Day Suspensions 12.2 In-Service Training Plan and Calendar 12.2(a) Required Training-Behavior Support and Restraint Training 12.2(d) Required Training-Medication Training 13.4 Physical Facility/Architectural Barriers 15.5 Parent Consent and Required Notification 16.3 Nursing 18.1 Confidentiality of Student Records 63 APPROVED PUBLIC DAY PROGRAM REVIEW CRITERIA 2015-2016 AREA 3: ADMINISTRATION- MANUALS AND HANDBOOKS CRITERION NUMBER 3.1 Policies & Procedures Manual 28.09(11)(b) REQUIREMENTS All approved public day programs shall maintain onsite a policies and procedures manual and shall provide written notice to parents of enrolled students that copies of such policies and procedures are available upon request. The program’s manual must contain a Table of Contents and a policy for all subject areas. The policies and procedures must include, but are not limited to: Reporting Suspected Child Abuse/Neglect to DCF and to the Disabled Persons Protection Commission (Criterion 3.1(c)); Evacuation and Emergency Procedures (3.1(d) ; Immediate Notification (Form2) (Criterion 4.5); Program Modifications and Support Services for Limited English Proficient (LEP) students (Criterion 8.4); IEP Progress Reports (Criterion 8.8); Less Restrictive Placement (Criterion 8.10); Transition Planning (Criterion 8.11); Behavior Support (Criterion 9.1); Student Separation Resulting From Behavior Support (Criterion 9.1(a)); Runaway Students (Criterion 9.3); Physical Restraint (Criterion 9.4); 3-5 Day Suspensions (Criterion 9.5); 10+ Day Suspensions (Criterion 9.6); Terminations (Criterion 9.7); Supervision of Students (Criterion 11.11); New Staff Orientation and Annual In-Service Training (Criterion 12.1 and 12.2); 64 SOURCE OF INFORMATION Documentation Policies and procedures manual containing a Table of Contents and a policy for all subject areas Copy of written notice sent annually to parents NOTE: The policies and procedures manual must be kept onsite and be visible in the reception area or other commonly visited area in the program. The policies and procedures manual must be plainly marked. CRITERION NUMBER REQUIREMENTS Parent Involvement (Criterion 15.1); Change of Student’s Legal Status (Criterion 15.4); Parent Consent and Notification(Criterion 15.5); Registering Complaints and Grievances – parents, students and employees (Criterion 15.8); Student Transportation and Transportation Safety (Only where applicable) (Criterion 17.1); and Participation of the public day school program as well as school district representatives at the TEAM and other key meetings, including reviewing/revising the IEP (34 CFR 300.321). 65 SOURCE OF INFORMATION CRITERION NUMBER REQUIREMENTS SOURCE OF INFORMATION Documentation 3.2 Health Care Manual 18.05 (9) The program maintains a written and current Health Care Manual containing a Table of Contents and all required health-related policies and procedures. The program’s physician or a registered nurse shall aid in the development of the Health Care Manual. The program’s licensed physician or a registered nurse shall approve the Health Care Manual. The manual is readily available to all staff and includes the following: Food and Nutrition (Criterion 14.2); (where applicable) Toileting Procedures (for schools that enroll students who require toilet training or diapering only)(Criterion 14.3); Physician Consultant (Criterion 16.2); (where applicable) Provision of Medical, Nursing, and Infirmary Care (Criterion 16.3) (where applicable) Emergency First Aid and Medical Treatment (Criterion 16.4); Administration of Medications (Criterion 16.5); Administration of Anti-psychotic Medications (Criterion 16.6); Preventive Health Care (Criterion 16.7); Receipt of Medical Treatment – Religious Beliefs (Criterion 16.8); Protection from Exposure Based on Allergy to Food, Chemical or Other Material (Criterion 16.11); and, No Smoking Policy pursuant to G.L. c. 71, § 37H (Criterion 16.12). NOTE: Approved Day Schools must follow the Department of Public Health regulations. 66 Health Care Manual containing a table of contents that is clearly labeled and contains all requirements under this criterion The health care manual contains a Letter/memorandum (dated within the past 12 months) documenting the approval of its contents by a licensed physician or registered nurse NOTE: The health care manual must be kept accessible to all staff in administrative offices and the school health center, infirmary or nurse’s office. AREA 4: DISCLOSURE OF INFORMATION CRITERION NUMBER 4.2 Public Information and Postings 28.09(6)(a, b, c, d, e); 28.09(2)(b)(4) 4.5 Immediate Notification 18.03(10); 18.05(7); 28.09(12) (a, b) REQUIREMENTS The following information must be publicly posted: SOURCE OF INFORMATION Documentation First aid procedures; Emergency procedures; Emergency telephone numbers; Current ESE approval certificate; and The program shall develop and implement a written procedure describing how it notifies all appropriate parties of serious incidents within the program and identifying the person responsible for making this notification. For ALL students (Massachusetts and Out-of-State students) The program makes immediate notification to the parent, the public school district special education administrator, and to any state agency involved in the student’s care or placement (by telephone and letter), and the Department of Elementary and Secondary Education (by telephone and Form 2) of the following incidents: Death of a student; Filing of a 51-A report with DCF, or a complaint to the Disabled Persons Protection Commission against the school or a school staff member for abuse or neglect of a student; Any action taken by a federal, state or local agency that might jeopardize the school’s approval with the Department; and Any legal proceeding brought against the school or its employee(s) arising out of circumstances related to the care or education of any of its students regardless of state of residency. For Massachusetts Students Only: The hospitalization of a Massachusetts student (including out-patient emergency room visits) due to physical injury at school or 67 Description of where the information is kept that relates to this criteria Observation: All required postings. Documentation: Copy of the program’s written procedures for notifying all appropriate parties of serious incidents, including the contact person responsible for providing such notification. Student Record Reviews: All incident reports maintained in student records Interviews: Executive Director Program Director Teachers CRITERION NUMBER REQUIREMENTS previously unidentified illness, accident or disorder which occurs while the student is in the program; Massachusetts student injury resulting from a motor vehicle accident during transport by school staff (including contracted staff) which requires medical attention; Massachusetts student serious injury requiring emergency medical intervention resulting from a restraint Massachusetts student run away; Emergency termination of a Massachusetts student under circumstances in which the student presents a clear and present threat to the health and safety of him/herself or others pursuant to 18.05(7) (d); and Any other incident of serious nature that occurs to a Massachusetts student. SOURCE OF INFORMATION AREA 5: ADMINISTRATION AND ADMISSION PROCEDURES CRITERION NUMBER REQUIREMENTS SOURCE OF INFORMATION Documentation: 5.2 Policies and Procedures for Coordination/ Collaboration with Public School Districts & Contents for Coordination/Collabor-ation with Public School Districts 28.06(2-3) 28.09(9)(c) &(d) 28.09(2)(b)7 Federal Regulations: The Collaborative has policies and procedures that describe roles and responsibilities of the program and its staff as well as general communication and collaboration procedures that address the following: a. Consideration of possible placement and admissions process; b. IEP development and implementation and roles in 3-year eligibility re-determinations; c. Contents of and general arrangements for executing contracts with placing school districts; d. Participation of the program as well as school district representatives at the Team and other key meetings, including reviewing/revising the IEP; e. Written progress reports; f. Documentation regarding student-related developments, including matters involving students’ behavioral plans, functional behavioral assessments, manifestation determinations, imposition of discipline, etc. 68 Copy of the program’s written procedures that describe roles and responsibilities of the program and its staff as well as general communication and collaboration procedures Interviews: Executive Director CRITERION NUMBER 300.349 and 300.400-.401 28.06(2-3) 28.07(5) 28.09(9)(c) &(d) 28.09(2)(b)7 REQUIREMENTS g. Administration of tests; h. Preparations for students returning to a public school or other less restrictive setting; i. Preparations for students approaching or reaching ages 14, 16 and 18, later education, and adult life, consistent with IDEA “transition” requirements and state age-of-majority law; j. Monitoring of student progress; k. Conditions for issuance of certificates of attendance or program completion by the educational Collaborative. SOURCE OF INFORMATION NOTE: Please review federal regulations 300.349 and 300.400-401 before preparing this policy/procedure. Public school districts have the lead responsibility for convening the Team that makes the initial and subsequent (every 3 years) eligibility determinations, develops the IEP, and decides upon an appropriate placement. Private and educational Collaborative programs, however, play a major role in determining whether a proposed placement in the program will meet a student’s needs. Private and educational Collaborative programs have the responsibility of delivering services on the IEP, assessing and communicating progress, developing subsequent IEPs and planning for the student’s return to a less restrictive environment and/or for adult life. 5.2(a) Contracts There shall be a written contract for each enrolled student consistent with the requirements of 603 CMR 28.06(3) (f). 28.06(3)(f) Written contracts: The Collaborative shall have a written contract with all school districts. Each contract shall include, but not be limited to, the following terms: 1. The out-of-district placement shall comply with all elements of the IEP for the student and shall provide, in writing, to the Administrator of Special Education detailed documentation of such compliance through completion of required student progress reports. 2. The out-of-district placement shall allow the placing school 69 Documentation: Onsite verification of contracts (Review contracts for all those students whose records were part of the Student Record Review ) CRITERION NUMBER REQUIREMENTS district to monitor and evaluate the education of the student and shall make available, upon request, any records pertaining to the student to authorized school personnel from the school district and the Department in accordance with 603 CMR 23.00: Student Records 3. The out-of-district placement shall allow the placing school district and/or the Department to conduct announced and unannounced site visits and to review all documents relating to the provision of special education services to Massachusetts students at public expense. Access to documents for the placing school district shall include general documents available to the public, documents specifically related to the student placed by such district, and other documents only to the extent they are necessary to verify and evaluate education services provided at public expense. 4. The out-of-district placement shall afford publicly-funded students all the substantive and procedural rights held by eligible students, including but not limited to those specified in 603 CMR 28.09, and shall comply with all other applicable requirements of 603 CMR 28.00 and applicable policy statements and directives issued by the Department. 5. No school district shall contract with any out-of-district placement that discriminates on the grounds of race, color, religion, sexual orientation, or national origin, or that discriminates against qualified persons with disabilities. 70 SOURCE OF INFORMATION AREA 6: EDUCATIONAL PROGRAM REQUIREMENTS - STUDENT LEARNING TIME CRITERION NUMBER 6.1 Daily Instructional Hours 603 CMR 27.04 REQUIREMENTS The program ensures that each student is scheduled to receive an average minimum of the following instructional hours unless otherwise approved by ESE or a student’s IEP provides otherwise: Elementary – A total of: 10 month program – 900 hours 11 month program – 990 hours 12 month program – 1080 hours SOURCE OF INFORMATION Documentation: Secondary – A total of: 10 month program – 990 hours 11 month program –1089 hours 12 month program – 1188 hours The program ensures that, unless a student’s IEP provides otherwise, each elementary school student is scheduled for at least 900 hours of structured learning time a year and each secondary school student is scheduled for at least 990 hours of structured learning time a year (including physical education for all students, required by M.G.L. c. 71, § 3), within the required school year schedule. Where the private special education program operates separate middle schools, at the beginning of the school year it designates each one as either elementary or secondary. NOTE: The program ensures that its structured learning time is time during which students are engaged in regularly scheduled instruction, learning or assessments within the curriculum of core subjects and other subjects as defined in 603 CMR 27.02. The program’s structured learning time may include directed study (activities directly related to a program of studies, with a teacher available to assist students); independent study (a rigorous, individually designed program under the direction of a teacher, assigned a grade and credit); technology-assisted 71 Block schedule that includes: Beginning and ending time for each instructional block; Subject area for each block; All non-instructional time (e.g. lunch, recess, transitions between classes, etc...); and If non-instructional time activities are counted as instructional hours, they must be specified in student’s IEPs and ample IEP goals and objectives must be submitted Calculation of the total number of instructional hours per year with documentation of how total was determined Interviews: Program Director Teachers Related Service Providers CRITERION NUMBER REQUIREMENTS learning; presentations by persons other than teachers; school-to-work programs; and statewide student performance assessments. SOURCE OF INFORMATION AREA 8: EDUCATIONAL PROGRAM REQUIREMENTS - INDIVIDUALIZED EDUCATION PROGRAMS CRITERION NUMBER 8.5 Current IEP & Student Roster 28.09(5)(a) REQUIREMENTS The program has on file a current IEP for each enrolled Massachusetts student that has been issued by the responsible public school district and consented to and dated by the student’s parent(s) (or student, when applicable). SOURCE OF INFORMATION Documentation: A roster of publicly funded Massachusetts students currently enrolled in the program containing the following information: Each student’s initials (not name); The school district responsible for preparing the student’s IEP; The agency(ies) supporting any part of the student’s tuition; The portion of tuition supported by such agency(ies); The implementation date of the current IEP; The date of expiration for the student’s current IEP; The date of parental signature; The name of the school district contact person for each student; and For each unsigned IEP, evidence/documentation of efforts and/or steps taken for the public school district to obtain signed IEPs Student Record Reviews: Current IEPs of students 72 CRITERION NUMBER REQUIREMENTS SOURCE OF INFORMATION Interviews: Education Director Teachers Parent Survey 8.8 IEP – Progress Reports 28.07(3) 34 CFR 300.320(a)(3)(ii) The program shall send periodic copies, quarterly or concurrent with the sending district’s report cards, of progress reports to the public school. Such reports must include written information on the student’s progress toward the annual goals in the IEP (specifying the reporting period), including information on the extent to which such progress is sufficient to enable the child to achieve the goals by the end of the year. Student Record Reviews: Current IEPs of students Interviews: Program Director Teachers Parent Survey Copies of progress reports shall be maintained in student records, including documentation of persons or agencies receiving such reports. AREA 9: EDUCATIONAL PROGRAM REQUIREMENTS- STUDENT DISCIPLINE AND BEHAVIOR SUPPORT CRITERION NUMBER 9.1 Polices and Procedure for Behavior Support REQUIREMENTS The program develops and implements a comprehensive set of policies and procedures dealing with discipline and behavior support that meet all federal and state special education requirements. 18.03(7)(b)(2); 18.05(5, 6, 7); 28.09(11); 603 CMR 46.00 The policy must include a description of the behavior support procedures used in the facility including the following if applicable: The type and range of restrictions a staff member can impose for unacceptable behavior, including suspension and termination; The form of restraint used in an emergency; the behavioral interventions used as alternatives to restraint, and the 73 SOURCE OF INFORMATION Documentation: Copy of written behavior support policies and procedures Student Record Review: Individual Student Behavior Plan maintained in student record IEPs Interviews: All Staff CRITERION NUMBER 9.1(a) Student Separation Resulting from Behavior Support 18.05(5)(i); 18.05(6, 7); 46.02(5)(b) 9.4 Physical Restraint (Day programs only) 18.05(5); 603 CMR 46.00 REQUIREMENTS controls on abuse of such restraints (See 603 CMR 46.00 and Any denial or restrictions of on-grounds program services. NOTE: Meals shall not be withheld as a form of punishment or behavior support. No student shall be denied or unreasonably delayed a meal for any reason other than medical prescriptions. If the program’s behavior support policy and procedures result in a student being separated in a room apart from the group or program activities, it shall include, but not be limited to, the following: 1. Guidelines for staff in the utilization of such an area; 2. Persons responsible for implementing such procedures; 3. The duration of the procedures including procedures for approval by the chief administrative person or his/her designee for any period longer than 30 minutes; 4. Requirement that students shall be observed at all times and in all parts of the room, and that the staff shall be accessible at all times; and 5. A means of documenting the use of time-out for an individual student, including, at a minimum, length of time, reasons for this intervention, who approved the procedure, and who monitored the student during the time out. Time out rooms shall not be locked. Any room or space used for the practice of separation must be physically safe and appropriate to the population served by the facility. Use of physical restraint on any student enrolled in a publiclyfunded education program 1. a) The Collaborative has developed and implemented staff training at least annually on the use of physical restraint consistent with regulatory requirements. Such training occurs within the first month of each school year and, for employees hired after the school year begins, within a month of their employment. Use of physical restraint on any 74 SOURCE OF INFORMATION Documentation: Copy of written policies and procedures regarding behavior support specific to student separation Student Record Reviews Documentation related to Criterion 9.1(a)(5) maintained in student records or time out log of all students Interviews: All Staff Documentation: Collaborative policies and procedures (including reporting procedures) for the implementation of 603 CMR 46.00 Standard parent notice of the Collaborative’s restraint policies and procedures CRITERION NUMBER student enrolled in a publiclyfunded education program REQUIREMENTS b) At the beginning of each school year, each program identifies staff authorized to serve as schoolwide resources to help ensure the proper administration of physical restraint. Staff so identified have completed in–depth training in the use of physical restraint consistent with 603 CMR 46.03(3) and (4). 2. The Collaborative administers physical restraint on students only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm. The Collaborative implements restraint procedures consistent with Department of Elementary and Secondary Education regulations in order to prevent or minimize any harm to the student as a result of the use of physical restraint. 3. The Collaborative has developed written procedures regarding appropriate responses to student behavior that may require immediate intervention. Such procedures are annually reviewed and provided to school staff and made available to parents of enrolled students. 4. The Collaborative has developed and implemented reporting requirements and procedures for administrators, parents and the Department consistent with the regulations. SOURCE OF INFORMATION Schedule of staff training for all existing staff and provisions for training of newly hired staff Names of staff in each school identified as schoolwide resources; dates of their in-depth training Outline of training topics Log of restraints lasting over five minutes or where injury to the staff or student occurs Interviews: Collaborative Director CR Coordinator Collaborative Staff M.G.L. c. 71, s. 37G; 603 CMR 46.00 9.6 10+ Day Suspensions 34 CFR 300.530 – 537 18.05(7) The program shall develop and implement the following procedures when suspensions constitute a change of placement. A suspension is a change of placement when: 1) it exceeds 10 consecutive school days or 2) it is one of a series of suspensions that constitute a pattern under 34 CFR 300.536. A request is made of the student's responsible school district to convene an IEP Team meeting prior to a suspension that constitutes a change in placement of a student with disabilities. The program participates in the TEAM meeting: o To develop or review a functional behavioral assessment of 75 Documentation: Copy of written suspension policies and procedures Onsite review of tracking mechanism of suspensions. Student Record Reviews: Documentation regarding tracking the number and duration of suspensions, as well as notification of all appropriate CRITERION NUMBER REQUIREMENTS the student’s behavior and to develop or modify a behavior intervention plan; o To identify appropriate alternative educational setting(s); and o To conduct a manifestation determination (i.e. to determine the relationship between the disability and the behavior). If the TEAM determines that the behavior is NOT a manifestation of the disability, the school may suspend or terminate the student consistent with policies applied to any other student in the program. The responsible school district must, however, offer an appropriate education program to the student that may be in some other setting. If the TEAM determines that the behavior IS a manifestation of the disability, the TEAM, takes steps to modify the IEP, the behavior intervention plan, and/or the placement. NOTE: Sending a student home “early” or an in-school suspension of a student who is not receiving instruction from either a licensed teacher or a paraprofessional who is being supervised by a licensed teacher is considered a suspension if the student’s IEP does not allow for the modification of learning time requirements of the Board of Elementary and Secondary Education. 76 SOURCE OF INFORMATION parties, is maintained in student records or a copy of the student suspension log. Documentation of notification to parents, school districts and other appropriate parties are maintained in student records. Evidence of IEP Team meetings, notices and meeting notes, revised IEP, manifestation determination, behavioral intervention plan and/or functional behavioral assessment if applicable. Interviews: Program Director Clinical Director Teachers Related Services Providers Parent Survey AREA 12: EDUCATIONAL STAFFING REQUIREMENTS – STAFF TRAINING CRITERION NUMBER 12.2 In-Service Training Plan and Calendar 28.09(7)(f); 28.09(9)(b); 28.09(10); 18.03(3); 18.05(9)(e)(1); 18.05(10); 18.05(11)(h) Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20 U.S.C. 1681; 34 CFR 106.31-106.42; M.G.L. c. 76, § 5; 603 CMR 26.00, esp. 26.07(2, 3) REQUIREMENTS All staff, including new employees, interns and volunteers, must participate in annual in-service training on average at least two hours per month. The following topics are required in-service training topics and must be provided annually to all staff: a. Reporting abuse and neglect of students to the Department of Children and Families and/or the Disabled Persons Protection Commission; b. Disciplinary and Behavior Support Procedures used by the program, such as positive reinforcement, point/level systems, token economies, time-out procedures and suspensions and terminations; as well as Restraint Procedures including de-escalation methods used by the program; c. Runaway policy; d. Emergency procedures including Evacuation Drills and Emergency Drills; and e. Civil rights responsibilities (discrimination and harassment). The following additional topics are required in-service training topics and must be provided annually to all teaching staff: How the learning standards of the Massachusetts Curriculum Frameworks are incorporated into the program’s instruction; Procedures for inclusion of all students in MCAS testing and/or alternate assessments; and Student record policies and confidentiality issues. The following additional topics are required in-service training topics and must be provided annually to appropriate staff based on their job responsibilities: CPR training and certification; Medication administration (including, but not limited to, administration of antipsychotic medications and discussions of 77 SOURCE OF INFORMATION Documentation: List of trainings conducted regarding this criteria with the agenda including the topic, hours, and staff sign in sheet. Interviews: All staff CRITERION NUMBER 12.2(a) Required Training - Behavior Support and Restraint Training 18.05(5, 6, 7) 12.2(d) Required TrainingMedication Training REQUIREMENTS medications students are currently taking and their possible side effects); Transportation safety (for staff with transportation-related job responsibilities); and Student record policies and confidentiality issues (for staff who oversee, maintain or access student records). Training on behavior support and suspension and termination procedures includes: Program’s student conduct/discipline code Description of safeguards for students’ emotional, physical, and psychological well-being Policies on use of time-out procedures and techniques for dealing with disruptive and violent behavior Detailed procedures pertaining to the use of any type of restraint, which must meet or exceed any requirements in applicable state regulations or policy Procedures for obtaining and recording data regarding student discipline and behavior along with a description of how such data will be integrated into IEP Team discussions Procedures for obtaining parental consent, if appropriate, for behavior support procedures NOTE: An educational program within a program or facility subject to M.G.L. c. 123 or Department of Mental Health Regulations must comply with the restraint requirements of M.G.L. c. 123, 104 CMR 27.12 or 104 CMR 28.05, where applicable. Training about the nature of a medication, potential side effects and any special precautions or requirements shall be provided by a physician or registered nurse to all staff providing care or instruction to students for whom any staff administers medication. 18.05(9)(f)(3)(c) 78 SOURCE OF INFORMATION Documentation: Evidence of staff training for behavior support and suspension and terminatione.g. training agenda, date(s) of training and staff sign-in sheet Interviews: All Staff Documentation: Evidence of staff training for administration of antipsychotic medication-e.g. training agenda, date(s) of training and staff sign-in sheet Interviews: All Staff AREA 13: PHYSICAL FACILITY AND EQUIPMENT REQUIREMENTS CRITERION NUMBER 13.4 Physical Facility/Architectural Barriers 18.04(8); Section 504: 29 U.S.C. 794; 34 CFR 104.21,104.22; Title II: 42 U.S.C. 12132; 28 CFR 35.149, 35.150; Mass. Const. amend. art. 114 REQUIREMENTS A program shall assure that students with limited mobility have access, free from barriers to their mobility, to those areas of the buildings and grounds to which such access is necessary for the implementation of the IEPs for such students. All programs receiving federal funds shall meet the requirements of Section 504 of the Rehabilitation Act of 1973. A program which enrolls students requiring wheelchairs shall have at least one entrance without steps and wide enough for a wheelchair, for each building utilized in carrying out the IEPs for such students. If any part of the program is not accessible to students with limited physical mobility, a plan and timetable shall be provided that describes how the program will make all programs and appropriate buildings accessible. 79 SOURCE OF INFORMATION Documentation: Narrative descriptions and floor plans indicating accessibility status Any program which is not accessible must submit the following documentation: A plan that details steps to be taken to comply with Section 504 of the Rehabilitation Act of 1973; The name of the person responsible for implementation of the plan; and A timetable for completion of the above plan including periodic written progress reporting to the Department of Elementary and Secondary Education Observation: Observations of physical facilities to ensure students with limited mobility have access, free from barriers to their mobility, to those areas of the school buildings and grounds to which such access is necessary for the implementation of the IEP’s for such students Interviews: Executive Director Program Director Teachers AREA 15: PARENT AND STUDENT INVOLEMENT CRITERION NUMBER, 15.5 Parent Consent and Required Notification 18.05(5)(c); 18.05(8); 18.05(9)(f)(1); 18.05 (9)(j); M.G.L. c. 71, § 32A REQUIREMENTS The program shall develop and implement policy and procedures to work with school districts to obtain the following consents: Annual: o Emergency medical treatment o Medication Administration (when applicable) When applicable: o Research o Experimentation o Fundraising o Publicity and o Observation SOURCE OF INFORMATION Documentation: Copy of written policy procedures for working with school districts to obtain parent consents Sample of all consent and notification forms used by the school Student Record Reviews: All required consents and notification The program’s policy and procedures shall include, when applicable, notification pursuant to Parental Notification Law M.G.L. c. 71, § 32A concerning curriculum that primarily involves human sexual education or human sexuality issues. 80 Interviews: Executive Director Program Director Clinical Director Parent Survey AREA 16: HEALTH AND MEDICAL SERVICES CRITERION NUMBER, 16.3 Nursing 18.05(9)(b) M.G.L c. 112 M.G.L. c. 71, §§ 53, 53A, and 53B REQUIREMENTS The program shall have a registered nurse available depending upon the health care needs of the school population. SOURCE OF INFORMATION Documentation Name(s) of school R.N. Shift schedule NOTE: School Nurse means a nurse practicing in a school setting, who Explanation of how nurse’s availability is is: sufficient for needs of the student population (1) a graduate of an approved school for professional nursing; Interviews: (2) currently licensed as a Registered Nurse pursuant to M.G.L c. Executive Director 112; and Program Director (3) appointed by a School Committee or a Board of Health in accordance with M.G.L. c. 71, §§ 53, 53A, and 53B or, in the case of a private school, by the Board of Trustees. 81 AREA 18: STUDENT RECORDS CRITERION NUMBER 18.1 Confidentiality of Student Records 28.09(5)(a); 28.09(10); 23.07(1); M.G.L. c. 71, § 34H REQUIREMENTS Programs shall keep current and complete files for each publicly funded enrolled Massachusetts student and shall manage such files consistent with the Massachusetts Student Record Regulations of 603 CMR 23.00 and M.G.L. c. 71, § 34H. The program shall make the individual records of enrolled Massachusetts students available to the Department of Elementary and Secondary Education upon request. Staff notes or reports regarding a student shall be legibly dated and signed by persons making entries. A log of access shall be kept as part of each student’s record. If parts of the student record are separately located, a separate log shall be kept with each part. The log shall indicate all persons who have obtained access to the student record, stating: The name, position and signature of the person releasing the information; the name, position and, if a third party, the affiliation if any, of the person who is to receive the information; The date of access; The parts of the record to which access was obtained; and The purpose of such access. NOTE: Unless student record information is to be deleted or released, this log requirement shall not apply to authorized personnel who inspect the student record, administrative office staff and clerical personnel who add information to or obtain access to the student record and the school nurses who inspect the student health record. 82 SOURCE OF INFORMATION Documentation: Name of person(s) responsible for oversight and maintenance of student records Copy of log of access form Student Record Reviews: Log of access Interviews: All Staff COORDINATED PROGRAM REVIEW PROCEDURES APPROVED PUBLIC DAY PROGRAM 2015-2016 School Year Appendix IV: Table of Documentation Requirements for Approved Public Day Programs 83 APPROVED PUBLIC DAY PROGRAM REQUIRED DOCUMENTATION In monitoring the implementation of the Approved Public Day Program requirements, the onsite team relies heavily on documentation. The documentation that the Collaborative must submit for this portion of the Coordinated Program Review is listed in the table below according to criterion number. For criteria not listed in this table (where no specific document is required), the Collaborative is encouraged to submit information that it believes provides evidence that the criterion is being implemented. Local Program Review coordinators are encouraged to notify the onsite chairperson in cases where the Collaborative is providing documentation to the Onsite Team other than that described below. All documentation will be submitted using WBMS. The Collaborative does not need to provide documentation for any criteria that were part of the Approved Public Day Program re-approval process. TABLE OF DOCUMENTATION REQUIREMENTS FOR APPROVED PUBLIC DAY SPECIAL EDUCATION SCHOOLS Criterion Number Required Documentation 3.1 Policies & Procedures Manual Copy of written notice sent annually to parents. 3.2 Health Care Manual Copy of a letter/memorandum (dated within the past 12 months) documenting the approval of its contents by a licensed physician or registered nurse 4.2 Public Information and posting Description of where the information is kept related to this criterion 4.5 Immediate Notification Copy of written procedures for notifying all appropriate parties of serious incidents, including the contact person responsible for providing such notification. 5.2 Policies and Procedures for Coordination/ Collaboration with Public School Districts Copy of the program’s written procedures that describe roles and responsibilities of the program and its staff as well as general communication and collaboration procedures 6.1 Daily Instructional Hours Block schedule that includes: Beginning and ending time for each instructional block; Subject area for each block; All non-instructional time (e.g. lunch, recess, transitions between classes, etc.,) and 84 Criterion Number Required Documentation 8.5 Current IEP & Student Roster If non-instructional time activities are counted as instructional hours, they must be specified in student’s IEPs and sample IEP goals and objectives must be submitted and Calculation of the total number of instructional hours per year with documentation of how total was determined A roster of publicly funded Massachusetts students currently enrolled in the program containing the following information: Each student’s initials (not name); The school district responsible for preparing the student’s IEP; The agency(ies) supporting any part of the student’s tuition; The portion of tuition supported by such agency(ies); The implementation date of the current IEP; The date of expiration for the student’s current IEP; The date of parental signature; The name of the school district contact person for each student; and For each unsigned IEP, evidence/documentation of efforts and/or steps taken for the public school district to obtain signed IEPs 9.1 Polices and Procedure for Behavior Support Copy of written behavior support policies and procedures Student Record Review: Individual Student Behavior Plan maintained in student record 9.1(a) Student Separation resulting from Behavior Support Copy of written policies and procedures regarding behavior support specific to student separation Student Record Reviews Copy of written physical restraint policies and procedures from policies and procedures manual Names of staff who serve as restraint resources within the program and evidence of their intensive training Copy of written suspension policies and procedures 9.4 Physical Restraint 9.6 10+ Day Suspensions Documentation related to Criterion 9.1(a)(5) maintained in student records or time out log of all students 12.2 In-Service Training Plan and Calendar List of trainings conducted regarding this criterion with the agenda including the topic, hours, and staff sign in sheet 12.2(a) Details about Required Training Behavior Support and Evidence of staff training for behavior support and suspension and terminatione.g. training agenda, date(s) of training and staff sign-in sheet 85 Criterion Number Required Documentation Restraint Training 12.2(d) Details about Required TrainingMedication Training 13.4 Physical Facility/Architectural Barriers Evidence of staff training for administration of antipsychotic medication-e.g. training agenda, date(s) of training and staff sign-in sheet 15.5 Parent Consent 16.3 Nursing 18.1 Confidentiality of Student Records Narrative descriptions and floor plans indicating accessibility status Any program which is not accessible must submit the following documentation: A plan that details steps to be taken to comply with Section 504 of the Rehabilitation Act of 1973; The name of the person responsible for implementation of the plan; and A timetable for completion of the above plan including periodic written progress reporting to the Department of Elementary and Secondary Education Copy of written policy and procedures for working with school districts to obtain parent consents Sample of all consent and notification forms used by the school Provide the name(s) of the nurse(s) and an explanation of how the nurse’s availability is sufficient to meet the needs of the student population served. Name of person(s) responsible for oversight and maintenance of student records Copy of log of access form 86