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 March 7, 2011 Marinel McGrath, Superintendent Andover Public Schools 36 Bartlet Street Andover, MA 01810 Re: Mid-cycle Report Dear Superintendent McGrath: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in December 2010. During the MidCycle 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 March 25, 2011. 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 Nicole Edgett at 781-338-3723. Sincerely, Nicole Edgett, 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 Dean Paolillo, Supervisor, Program Quality Assurance Services Dennis F. Forgue, School Committee Chairperson Kathleen Fink, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Andover Public Schools Dates of the Mid-cycle Review Onsite: December 3, 2010 Date of this Report: March 7, 2011 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 SE 7 Transfer of parental rights at age of majority and student participatio n and consent at the age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document review and staff interview Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Based on a review of documentation, the district recently revised the age of majority policy to align with the recent guidance issued by the Department. Additionally, staff interviews indicate that procedures have been developed to ensure that the district maintains compliance regarding notification to parents and Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 1 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 52A Registration of educational interpreters 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 students who reach the age of majority. Based on a review of documentation, the interpreter employed by the district is registered with the Massachusetts Commission for the Deaf and Hard of Hearing. 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 9 Timeline for determination of eligibility 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 Partially Implemented Student Records A review of student records indicated that the district does not always determine eligibility and propose an IEP to the parent within 45 days of receiving Please conduct an analysis of current system to track the 45- day timeline requirement. Based on the results of the analysis, please provide the district’s determination Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 2 of 11 (b) Progress Report Due Date(s) and Required Elements Please submit a description of the changes in procedures or other strategies Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion signed consent. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation of the root cause of continued noncompliance and the district’s proposed corrective actions to achieve full compliance. Additionally, upon completion of the root cause analysis and instituting corrective action, please select a sample of student records to conduct internal monitoring. Please be sure that the sample selected is representative of all school levels (elementary, middle, and high school) and consists of initial evaluations and reevaluations. *Please note that when 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) Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 3 of 11 (b) Progress Report Due Date(s) and Required Elements implemented by the district as a result of its analysis to ensure compliance with the 45-day timeline. Please submit evidence that all staff responsible for implementing these changes have been trained. This progress report is due April 11, 2011. Please submit the results of the internal monitoring conducted to ensure that the district developed and proposed an IEP within 45 days of receiving signed consent. If 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 noncompliance is identified please conduct an analysis to identify to root cause of noncompliance, and report the additional corrective actions taken to remedy the identified issues. This progress report is due June 30, 2011. SE 19 Extended Evaluation Partially Implemented Student Records Student records indicated that the IEP Team does not always convene to develop a partial IEP when there is sufficient information available. Instead, the district will conduct an extended evaluation to pursue additional information. Additionally, once an extended evaluation is conducted, the IEP Team does not always reconvene within eight weeks to review the assessment results. Please conduct professional development for all IEP Team chairpersons, on the appropriate use of an extended evaluation. Please conduct internal monitoring of student records with extended evaluations that have taken place since the staff training to ensure that the IEP Team developed a partial IEP when there is sufficient information available. Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 4 of 11 Please submit evidence, such as meeting agendas and sign-in sheets that IEP Team chairpersons have participated in professional development on the appropriate use of an extended 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 Additionally, please conduct internal monitoring to ensure that the IEP Team follows the extended evaluation process and convenes within eight weeks to review the assessment results of the extended evaluation for extended evaluations that have taken place after the staff training. *Please note that when 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) Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 5 of 11 (b) Progress Report Due Date(s) and Required Elements evaluation. This progress report is due April 11, 2011. Please submit the results of the internal monitoring conducted to ensure that the IEP Team convenes to develop a partial IEP pending the results of the extended evaluation. In addition, please review the records to ensure the IEP Team convenes within eight weeks of initiating an extended evaluation to develop the complete IEP. 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 If any continued noncompliance is identified, please conduct an analysis to identify the root cause and initiate additional corrective action as appropriate. This progress report is due June 30, 2011. SE 20 Least Restrictive Environment Partially Implemented Student Records The student record review indicated when a student is removed from the general education classroom at any time, the IEP Team does not always state why the removal is considered critical to the student´s program and the basis for its conclusion that the education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily. Please conduct professional development for all IEP Team chairpersons on the responsibility to state in the IEP why the student’s removal from general education is critical to the student’s program. Please conduct a review of a sample of student records with IEPs that were developed after the staff training took place, to ensure that the basis for removing the student from the general education setting is appropriately stated within the IEP. Please be sure that the sample of records selected is Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 6 of 11 Please submit evidence such as agendas and sign-in sheets, that IEP Team chairpersons received training on the responsibility to justify a student’s removal from the general education setting. This progress report is due April 11, 2011. 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 representative of elementary, middle, and high school. Please note that when 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) SE 25 Parental Consent Partially Implemented Student Records A review of student records indicated that the district does not always obtain consent before conducting related service assessments. Please submit the results of the internal monitoring. If any noncompliance is found, please conduct an analysis to identify the root cause and conduct additional corrective action as appropriate. This progress report is due June 30, 2011. Please conduct an analysis of each building based system to ensure that the parent/guardian consented to all of the proposed related service assessments and identify the root causes of noncompliance in this area. Please submit a description of the analysis conducted to determine the root cause of non compliance. Please select a sample of student records for review. Please be sure that the sample selected includes initial and reevaluations that have Please identify any procedural changes made to each building Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 7 of 11 (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 been conducted since the revised procedures were implemented. The sample should be representative of the elementary, middle and high school levels. Please review each student file to ensure that the parent/guardian consented to all of the related service assessments conducted as part of the evaluation. Please note that when 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) Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 8 of 11 (b) Progress Report Due Date(s) and Required Elements based system to address the issues of noncompliance. Additionally, please submit evidence that all special education staff and related service providers were informed of any procedural changes made to each building based system. This progress report is due April 11, 2011. Please submit the results of the internal monitoring conducted to ensure that the parent/guardian consented to all of the related service assessments 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 conducted as part of the evaluation. If any noncompliance is identified, please identify the root cause, and implement additional corrective action as needed. This progress report is due June 30, 2011. SE 29 Communications in English and the primary language of the home Student Records and Documentation SE 40 Instructional Grouping for students age 5 and older Documentation Based on a review of student records and documentation, the district developed procedures to ensure that parents receive communication in the primary language of the home, if such language is other than English. Based on a review of the documentation, the district has met the instructional grouping requirements. The district does not currently have any instructional groups that exceed the student to teacher ratio requirements. Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 9 of 11 Criterion SE 55 Special Education facilities and classrooms Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Partially Implemented Method(s) of Investigation Facilities Observation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A facilities observation at the South Elementary School determined that the students who receive Occupational Therapy (OT) services must enter and exit through the kindergarten classroom to access the OT instructional space. Please ensure that the OT instructional space is given the same priority as general education programs in order to minimize the stigmatization of eligible students receiving services. (b) Progress Report Due Date(s) and Required Elements Please submit a description of how the district will ensure that the OT instructional space is given the same priority as general education in order to minimize the stigmatization of eligible students receiving services. Please be sure to include a proposed timeline for corrective action. This progress report is due April 11, 2011 The Department will conduct an onsite visit as verification of correction of noncompliance. This progress Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 10 of 11 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 report date is to be determined. Andover Public Schools Coordinated Program Review Mid-cycle Report March 7, 2011 Page 11 of 11 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Andover Public Schools 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