The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 May 17, 2005 Robert G. James Superintendent of Schools Berkley Public Schools 21 North Main Street Berkley, MA 02779 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent James: Enclosed is the Department's Coordinated Program Review Follow-up Monitoring Report together with findings regarding your district’s Coordinated Program Review Mid-cycle Review. This report contains the Department's findings based on the onsite activities conducted in your school district to verify the implementation status and effectiveness of corrective steps taken in response to your Coordinated Program Review Report issued on August 23, 2001. While the Department of Education found certain noncompliance issues to be resolved, others were partially corrected, not addressed at all and/or new issues were identified by the Department’s onsite team. As the Department previously informed you, in cases where a district fails to fully and effectively implement a Corrective Action Plan, which was proposed by your district and approved by the Department, the Department must then prepare a Corrective Action Plan for the district, which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report together with any steps that must be taken by the district to fully implement new special education requirements. Please provide the Department with your written assurance that the Department's requirements for corrective action will be implemented by your school district within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by June 10, 2005. Your staff's cooperation throughout these Follow-up Monitoring activities is appreciated. Should you require additional clarification of information included in our report, please do not hesitate to contact the Onsite Team Chairperson at 781-338-3715. Sincerely, Joan Brinckerhoff, Ph.D., Coordinated Program Review Follow-up Chairperson Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Maryann Smith, School Committee Chairperson Anne St. Pierre, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW BERKELEY PUBLIC SCHOOLS ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on November 21, 2001 Progress Reports Submitted on December 12, 2001, January 30, 2002, and June 24, 2002 Onsite Visit Conducted on March 23-24, 2005 Date of this Report May 17, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, student records The district implements a comprehensive and consistent Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified and interviews requirements for determination of specific learning disabilities SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and Method(s) of Verifica-tion Documentation, student records and interviews approach for the determination of a specific learning disability. Documentation and records included an observation sheet used by a professional other than the student’s teacher to observe the class where the student experiences difficulty and a class where strengths can be identified. The form to determine specific learning disabilities is consistently completed by the Team. The district is commended for the comprehensive approach to transition. The School Improvement Plan includes a goal to support system-wide initiatives to support transitions. Students that are 14 years of age participate in a specific program, “Transitions to High School” that uses a 2 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) services and consideration of courses of study related to needed transition) SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of courses of study related to Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified video format on self-advocacy and planning transitions to high school. Although the district is K-8, an individual meeting with each student, parents and the next school (Somerset High School or Bristol-Plymouth Vocational Technical School) is scheduled in the spring. The district participates in each Team meeting for all students at the secondary level. A set of transition planning sheets are used to identify and plan for post school outcomes such as vocational training, independent living, community participation, selfdetermination, health, basic skills competency and other areas of need. Students 14 years of age and older were 3 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified needed transition) SE 13 Progress Reports and content Comments Regarding Corrective Action Plan Implementation Documentation, student records and interviews always invited to the Team meeting. Many students did attend the Team meeting or a portion of the meeting. The Chapter 688 referrals were made in a timely manner and agencies regularly participated in Team meetings for students that needed transition to adult services and/or vocational rehabilitation services. Progress reports are sent to parents at the time report cards are issued for non-disabled students. Each progress report is written to include information on the student’s progress toward each annual goals and the extent to which such progress is sufficient to enable the student to achieve the goal by the end of the year. The progress reports are highly 4 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 15 Outreach by the School District (Child Find) SE 17 Initiation of services at age three and Early Intervention transition procedures Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation and interviews Documentation, student records and interviews individualized. The district has a monitoring process for all progress reports including the out-of-district progress reports as well as for students in high schools or vocational schools. Each fall the district notifies a variety of childcare providers, clinical /health agencies, early intervention programs, private parochial schools, shelters and community agencies of their child find requirements and the contact person for the Berkeley school district. The district has a strong relationship with the early intervention program in Taunton. Transition informational meetings are conducted by early intervention and several school districts three to four times a year. In 5 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 18A IEP development and content Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Partial Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Documentation, student records and interviews addition, a handbook was developed for Berkley parents. The district also sponsors a Q and A night for transition. The Early Childhood Coordinator makes a home visit with the early intervention provider to each family with a child who will transition to the district. Screenings are conducted on an on-going basis for three and four year olds. IEPs are developed so each eligible child receives services by age three. The district has identified specific responsibilities for Team chairs. A comprehensive Team Meeting Planning Sheet has been in use for several years. Both the TAT Team and the IEP Team use the present level of educational performance sheet for the 6 Partial The IEP goals were not always measurable. The district will provide training on writing measurable goals to special education staff and related service providers by October 15, 2005. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 18B Determination of placement; immediate provision of IEP to parent Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, student records and interviews general curriculum. In addition to the procedures for IEP development, there is an IEP Development Worksheet, a worksheet for specially designed instruction, and a special education timeline. Eligibility flow charts are consistently found in the student records. The information for present level of performance on IEP 2 and 3 is highly individualized, as were evaluation summaries. A person with authority to commit resources is present for each Team meeting. Placement decisions are made following the full development of the IEP. Placements selected by the Team are based on the student’s need and the least restrictive environment is 7 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 20 Least restrictive program selected Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, student records and interviews strengthened through an extensive set of supports in the general education curriculum. The district has memberships in two collaboratives, South Coast Collaborative and READS Collaborative. Proposed IEPs are provided to parents immediately. The district has a host of supports for students in regular education (Teacher Assistance Team, Prescription for Success, Speech and Language Improvement Clinic, and Motor Clinic, remedial instruction and consultation services). The special education program is enhanced through the NAEYC accredited preschool program that provides an inclusive opportunity for all students. A Kindergarten Learning Lab 8 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 20 Least restrictive program selected Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, student records and interviews offers integrated Kindergarten settings with the support of a language therapist and a special education teacher aide. An extended day option is available for teaching alternate strategies and modified individualized learning. Students with significant disabilities participate in skills for life program with “hands-on learning”. The students are provided with individual or small group learning activities that stress skill development, academics, communication, self-care and pre-vocational skills. At the middle school students are supported in the integrated classroom by special and regular educators and support staff. In addition, a 9 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 22 IEP implementation and availability (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service delivery where there is a Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, student records and interviews Learning Lab is available for specialized instruction and an academic clinic provides tutorials. A Writer’s Workshop is co-taught to provide literacy and special education. The district has a comprehensive and systematic approach to determine that IEP services are being implemented without delay and throughout the school year. All service providers and regular educators sign off that they have read and understand the IEPs for students served. Special educators and related service staff submit schedules at least two times per year. Special education staff meet with the director on a regular basis. The director of special education tracks students’ grades/progress 10 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified lack of space and/or personnel)) SE 26 Parent participation in meetings (Emphasis on district’s attempts to ensure parent participation at IEP Team meetings) SE 28 Parent provided the IEP or notice of no Comments Regarding Corrective Action Plan Implementation Documentation, student records and interviews Documentation, student records and interviews on a quarterly basis for indistrict and out-of-district students. The leadership team meets regularly to discuss any staffing needs.. An out-ofdistrict monitoring form reports on IEP services, frameworks, MCAS and staff certification. The district has a high rate of parental participation as indicated by the Continuous Improvement Plan data submitted. All meetings had some form of participation or active involvement. The district is commended for the individualized and personalized narratives written on page two of the notice 11 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) eligibility together with notification of procedural safeguards and parents' rights SE 29 Communications are in English and primary language of home SE 32 Parent advisory council for special education Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified forms. Notice forms are always dated, provided in a timely manner, and accompanied by the current Parents’ Rights Brochure. Documentation, student records and interviews Documentation and interviews The district has a form for the purpose of documenting any communications in a language other than English, Braille, or sign language/TTY. Samples for Portuguese were provided. The PAC has by-laws and a brochure. Membership is open to all. The workshop on parent and student rights was conducted in January of 2005. The district supports the PAC in a variety of ways, including a resource library. The PAC participates in regular meetings with the special education 12 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 50 Responsibilities of the School Principal and Administrator of Special Education Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation and interviews director to assist in the planning, development and evaluation of special education programs. The district has an extensive District Accommodation Plan. The services available for each building are identified. Forms for the TAT are maintained in the student record. The district has a listing of the evaluation and screening tools used to identify the student needs and strengths for each grade level. Regular education students can benefit from MCAS tutorials, Title I, speech clinic, motor clinic, prescribed service program, circle of friends, peer partners, academic clinic, surround care homework support program, and crisis team interventions. The 13 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 54 Professional development regarding special education SE 56 Special education programs and services are evaluated Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation and interviews Documentation and interviews district’s home or hospital services program is fully coordinated. The communication amongst the leadership team coordinates services for all students. The district’s professional development plan is based on school committee policies that link to school improvement plans, required content offerings, and a yearly needs assessment. All staff submit professional growth plans annually. The topics required were offered and are linked to school improvement plans. The district completed a review of the effectiveness of special education programs and services by monitoring student achievement of IEP goals and by surveying staff and parents. 14 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) ELE Self Study Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation and interviews A Wilson Tutorial was implemented to strengthen the ELA program. Recent MCAS results identified a lack of progress in AYP for math, consequently a math support program was added as a component of the school improvement plan. The district submitted a comprehensive self-study. Each of the 18 criteria was addressed. All ELE documents that require translation (i.e. waivers, parent notices) have been translated into Portuguese and Spanish. The district has completed the home language survey. Staff have been trained in the administration of MEPA and MELLA-O. Although the district currently has no LEP students, policies and 15 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) MOA Homeless Students Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Documentation and interviews Documentation, student records and interviews procedures are in place when a student in need of English Learner Education arrives. The district had two homeless students this year and submitted policies and procedures for identification, enrollment, placement, transportation, access to services, parent participation, public notice and coordination. Other Requirements SE 23 Confidentiality Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified The district procedures for confidentiality are reviewed annually at staff orientation and at the PAC workshop on parent and student rights. The policy for confidentiality of student information is printed in staff and student handbooks. A log of access is maintained in the front of all special education 16 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation files. SE 35 Specialized Materials & Technology Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, student records and interviews The district submitted their approved local technology plan. The IEP Team meeting Planning Sheet includes a section for assistive technology. The types of technology used in the district range from computer software and devices to Hoya lift to FM systems, talking calculators, prone standers and a low vision reading machine. Planning sheets and screening tools for the use of assistive technology are in use in the district. The district recently provided staff with an update on assistive technology and a question and answer guide on assistive technology. Each school’s Code of Conduct 17 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 45 Suspension Documentation, student records and interviews SE 46 Suspension Students with Disabilities Documentation, student records and interviews SE 55 Special Education Facilities & Classrooms Partial Documentation and interviews includes required procedural safeguards. Suspension records are shared with the director of special education. The district added an appendix to the discipline policy within the handbooks to include procedures for special education students or students not yet identified as special education students. The district uses functional behavioral assessment forms, a behavioral intervention plan form and a manifestation determination form. Special services are provided in classrooms throughout the schools in rooms that maximize inclusion for students in the life of the school and are equal to standards for general education facilities. 18 Partial At the Middle School, Room 117 is shared by four different professionals who provide a variety of support services to students whose Shared classrooms will be moved and scheduled so that groups of students are not involved in the same class at the same time. A site visit will be scheduled by September 15, 2005 to review changes in Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance justification for removal from the general education environment typically includes small group instruction in a distraction free environment. The Community School also has shared Lab rooms. New MOA 7 MOA 3 Information & Materials in Languages Other than English New MOA 6 MOA 13 Pregnant Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Documentation, student records and interviews Documentation and interviews The district has local staff who can translate in Portuguese, Spanish, Japanese, Mandarin Chinese and French. Contracted services are available for Creole, Italian, and Khmer. Portuguese is the most prevalent language in the geographic region. The district completed the home language survey. The policy was amended in November 2001 to ensure that pregnant students were 19 where support services are provided to students with disabilities. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substan-tially Implemented Method(s) of Verifica-tion Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Students New MOA 23 MOA 14 Comparability Same MOA 18A Recruitment of Employees New MOA 24 MOA 22 Curriculum Review Process New MOA 25 MOA 23 Institutional Self-Evaluation Comments Regarding Corrective Action Plan Implementation Documentation and interviews Documentation and interviews Documentation and interviews Documentation and interviews provided every opportunity to benefit from instruction offered before and after delivery. Facilities are comparable for students of protected classes. The recruitment policies were amended in April 2002. Several job postings submitted and Job Fairs attended in 2004. The district has procedures for reviewing the curriculum. Several sample review sheets were submitted. The policy for review of School Committee policies and procedures adopted in March 2002 contains all required elements. 20 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting 21