Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 May 15, 2013 Ms. Susan J. Thompson, Executive Director Academy of the Pacific Rim Charter School 1 Westinghouse Plaza Hyde Park, MA 02136 Re: Mid-cycle Report Dear Director Thompson: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your charter school in December 2012. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by May 31, 2013. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Nathan Lemmon at 781338-3720. Sincerely, Nathan Lemmon, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Jane Ewing, Supervisor, Program Quality Assurance Services Nancy Snyder, Chairperson, Board of Directors, Academy of the Pacific Rim Charter School Marthali Nicodemus, Local Program Review Coordinator, Academy of the Pacific Rim Charter School Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Academy of the Pacific Rim Charter School Dates of the Mid-cycle Review Onsite: December 5, 2012 Date of this Report: May 15, 2013 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review SE 7 Transfer of Parental Rights at Age of Majority Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Document review, interviews and student records demonstrated that the charter school consistently notifies parents and students of the transfer of educational decision-making rights one year prior to students reaching the age of 18. Student records confirmed that IEP Teams add a statement in the Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 1 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation IEP documenting that parents and students were informed of the transfer of rights from the parent/guardian to the student upon the student's 18th birthday. Written documentation of the student’s decision-making choice was also found in student files. Student records also demonstrated that the school obtains consent to continue IEPs from students as soon as they have attained the age of majority. SE 8 IEP Team Composition and Attendance Document Review Interviews Student Record Review According to interviews and student records, the school has an established process to ensure that required IEP Team members attend IEP meetings. If a required IEP Team member cannot attend, the school notifies the parent in advance and offers to reschedule the meeting. If the parent consents to go ahead with the meeting, the school obtains the parent’s agreement to excuse the IEP Team member in writing. Record review also demonstrated Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 2 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation that excused required Team members consistently provide written input to Teams for IEP development, which can include an Educational Assessment B, information from a weekly performance update or quarterly progress report, depending on the circumstances. The school’s policy also has a provision for excusing the attendance of Team members who are not necessary because their area of the curriculum or services is not being modified or discussed. According to the special education administrator, staff members who chair IEP Team meetings are qualified to supervise or provide special education services and are able to commit the resources of the charter school. SE 18A IEP Development and Content Document Review A review of documents, interviews, and student records verified that when a student’s evaluation data indicates that his/her disability affects social Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 3 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation skills development or makes them susceptible to bullying, harassment, or teasing, the IEP addresses the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. The school’s IEP Teams specifically address the skills needed to respond to bullying, harassment, or teasing for students on the autism spectrum in the student’s IEP. Record review also showed that the school documents these discussions in the Team’s summary of decisions and agreements provided to parents at the conclusion of the Team meeting. SE 25 Parental consent Document Review Document review and interviews confirmed that when a parent revokes consent in writing, the school will promptly send a notice to parents that indicates the discontinuation of special education services will occur within a reasonable time-frame, along with a copy of the parent’s Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 4 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation procedural safeguards. Interviews Additionally, an interview with the Special Education director verified that the school will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services, consistent with federal regulation. At the time of the onsite review, the school did not have any current records for revocation of consent. SE 51 Appropriate special education teacher licensure (Commonwealth Charter Schools only) Document Review Staff Interviews The charter school employs three (3) staff members who deliver specialized instruction but who do not have valid Special Education licenses or undergraduate or graduate degrees in Special Education. According to the school’s documents and special education administrator, these individuals are provided with consultation and direct supervision by a licensed Special Education staff member as Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 5 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation recommended by the DESE Charter School Office (see http://www.doe.mass.edu/charter/ sped/staffqualifications.html). Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 6 of 13 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 2 Required and Optional Assessments SE 9 Timeline for determination of eligibility Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Student Record Review Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and interviews with staff members indicated that educational assessments, including a history of the student's educational progress in the general curriculum and teacher assessment that addresses attention skills, participation behaviors, communication skills, memory and social relations with groups, peers and adults, are consistently completed for initial evaluations and reevaluations and are placed in the student record. A review of student records and interviews indicated that the school’s IEP Teams consistently determine a student’s eligibility for special education and either propose an IEP and placement or Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 7 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements provide a written explanation of the finding of no eligibility within 45 days of receiving written parental consent. SE 11 School District Response to Parental Request Independent Educational Evaluation Partially Implemented Document Review Staff Interviews Document review and interviews with administrative staff indicated that the school’s independent educational evaluation (IEE) policy offers the opportunity for an independent evaluation upon request for 16 months following a district evaluation as required. However, this policy does not contain information on the sliding fee scale for public payment of independent educational evaluations. Please revise the school’s written policy for independent educational evaluations to include all the elements using the Administrative Advisory available at SPED 2001-3 guidance as the basis: http://www.doe.mass.edu/spe d/advisories/04_1.html. Please provide training to the IEP Team chairpersons regarding the revised procedures for IEEs. Please be sure to include any other personnel responsible for oversight of the requirements for independent educational evaluations. Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 8 of 13 Please provide to the Department the revised written policy for responding to parent requests for independent educational evaluations by June 7, 2013. Please provide evidence of training provided to IEP Team chairpersons, including the signed attendance sheet with staff name and role, the agenda, and training materials by June 7, 2013. Criterion SE 18B Determination of Placement; Provision of IEP to Parent Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Partially Implemented Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Student records and interviews indicate that although the school provides parents with a summary of services, accommodations and goals at the end of a Team meeting, the proposed IEP and placement are consistently sent more than 10 days after the IEP Team meeting. Please conduct a root cause analysis for IEPs developed between January 1, 2013 and April 15, 2013 to determine why IEPs are proposed to parents in excess of 10 days from the date of the IEP Team meeting. Propose a set of corrective actions based on the root causes identified by the school to ensure that proposed IEPs and placements are sent to parents no more than ten (10) days following a IEP Team meeting. Conduct an internal review of student records to ensure that IEPs and placements are proposed to parents within 10 days. Please sample approximately 3-4 records per grade level from IEP Team meetings convened after all corrective actions have been implemented. *Please note that when Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 9 of 13 (b) Progress Report Due Date(s) and Required Elements Please provide a detailed description of the analysis conducted, the outcomes, the school’s corrective actions with associated timelines and the staff responsible (by name and role). This progress report is due by June 7, 2013. Please submit the report of the results of the internal review of records. Please include the number of records reviewed and the number of student records in compliance. For all records not in compliance, Criterion SE 22 IEP Implementation and Availability Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Partially Implemented Interviews Basis of Determination about Criterion Administrative staff interviews indicate that the school has no formal procedure for informing teachers when an IEP has been accepted and should be immediately implemented. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). please determine the root causes(s) of the noncompliance and submit the district’s plan to remedy the noncompliance. This progress report is due October 28, 2013. Develop a protocol and procedure for informing all teachers and related service staff as soon as the Administrator becomes aware that an IEP has been accepted by a parent. Submit evidence of staff training, to include but not be limited to a training agenda and attendance sheet with staff names and titles by June 7, 2013. Provide training to all teaching and related services staff on the new procedure to ensure that teachers and services providers are aware of the mutually agreed upon services so they can implement them without delay. Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 10 of 13 Please submit a description of the district’s internal tracking and monitoring system. Please be sure to include the Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please develop an internal tracking and monitoring system to ensure that appropriate teachers and service providers are informed when an IEP has been accepted for implementation. Please identify personnel responsible for supervisory oversight and periodic reviews of this requirement. SE 29 Communications are in English and primary language of home Document Review Interviews Student Record Review Document review, student records, and staff interviews confirmed that the school has written policies and procedures to ensure that translations and interpreters are available to families whose first language is not English. When the school provides information by oral interpretation, this is documented in the student record. Student record review demonstrated that special education documents are consistently translated and Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 11 of 13 (b) Progress Report Due Date(s) and Required Elements names of the personnel responsible for supervisory oversight by June 7, 2013. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation interpreters are listed on the Attendance Sheet (N3A). Notations in the Summary Notes Section and in the Additional Information section of IEPs include a record of oral translations and communications when provided. SE 46 Procedures for Suspension of students with disabilities when suspensions exceed 10 days Document Review Interviews Student Record Review Document review, student records, and staff interviews confirmed that the school has written policies and procedures to ensure that when a suspension constitutes a change in placement of a student with a disability, a manifestation determination is conducted to determine if the student’s behavior is caused by his/her disability. Interviews indicated that IEP Chairpersons and teachers have been trained in the school’s procedures and understand the process. Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 12 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion SE 50 Administrator of Special Education Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review Interviews SE 56 Special Education Programs and Services are Evaluated Document Review Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Document review and interviews show that the Special Education Administrator is a licensed Massachusetts Special Education Administrator. Document review and staff interviews demonstrated that the Dean of Support Services and the Learning Team conduct an annual evaluation of the Special Education programs and services by surveying staff and reviewing student achievement data to develop a framework for identifying program needs and for implementing improvement initiatives. Academy of the Pacific Rim Charter School Coordinated Program Review Mid-cycle Report May 15, 2013 Page 13 of 13 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW ACADEMY OF THE PACIFIC RIM CHARTER SCHOOL M I D – CY C L E P R O G R E S S R E P O R T Date Prepared: ____________________________________ Prepared by: __________________________________________________________________ (name and title) Criterion: _______________________ Topic: ________________________________________________________________________ For each criterion for which you prepare a progress report, please make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation. (Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.) Send the whole set of completed progress reports to: Darlene Lynch, Director Program Quality Assurance Services Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906