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
August 24, 2010
Peter W. Dillon, Superintendent
Berkshire Hills Regional School District
50 Main St.
Stockbridge, MA 01262
Re: Mid-cycle Report
Dear Superintendent Dillon:
Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report
based on the Mid-cycle Review conducted in your district in April of 2010. In this 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: staff
interviews, review of student records, examination of documentation, and/or classroom
observation.
The Department found one or more of the criteria monitored in your district to be
“Partially Implemented” or “Not Implemented.” In all instances where noncompliance
has been 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 September 13, 2010.
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 Tom
Hidalgo at (413) 858-4591.
Sincerely,
Tom Hidalgo, 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
D. Beth Lopez, Supervisor, Program Quality Assurance Services
Stephen Bannon, School Committee Chairperson
Thomas Simon, Local Program Review Coordinator
Encs: Mid-cycle Report
Mid-cycle Progress Report form
2
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REPORT
Berkshire Hills Regional School District
Dates of the Mid-cycle Review Onsite: April 21, 2010
Date of this Report: August 24, 2010
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 3
Special
requirements
for the
determination
of specific
learning
disability
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
PI
Student record
reviews,
interview, and
district’s
internal
monitoring
report
Basis of Determination about
Criterion
The district does not consistently
use the Specific Learning
Disability Eligibility Process
forms when evaluating a student
suspected of having a SLD,
despite providing training to
teachers in August of 2008.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and
Timelines for Implementation
The district must determine the root
causes for the district’s failure to use
mandated forms, despite earlier
training, and develop a plan to address
those root causes. (The Memorandum
on Specific Learning Disability can be
found on the Department website
http://www.doe.mass.edu/sped/iep/sld.)
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 1 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
By October
1, 2010,
please
submit a
description
of the root
causes of the
district’s
failure to use
the mandated
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
Conduct an administrative review of
all SLD determinations held after
corrective action activities are
completed for evidence that the
documentation requirements are being
met.
*Please note 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
levels for the records reviewed; b)
Date of the review; c) Name of
person(s) who conducted the review,
with their role(s) and signature(s).
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 2 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
forms and a
detailed
description
of the
district’s
plan to
address the
root causes.
By
February 1,
2011,
please
submit:
1) The
number of
student
records and
grade levels
reviewed;
2) The
number of
student
records in
compliance;
3) For all
records not
in
compliance
with this
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
criterion,
determine
the root
cause(s) of
the noncompliance;
and 4) The
district’s
plan to
remedy the
noncompliance.
SE 52A
Registration
of educational
interpreters
Implemented
Interview and
documentation
Interview and document review
demonstrate that the district, at
the time of the review, had no
students requiring the services of
a registered educational
interpreter, but when the need
arises the district will employ an
interpreter with the appropriate
licensure from the Massachusetts
Commission for the Deaf and
Hard of Hearing.
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 3 of 11
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 7
Transfer of
parental rights
at age of
majority and
student
participation
and consent at
the age of
majority
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
PI
Student record
reviews,
interview, and
the district’s
internal
monitoring
statement
Student record review,
interview, and district internal
monitoring statements indicate
the district does not always
inform students one year prior
to their eighteenth birthday of
their rights at age 18 to make all
decisions regarding the
provision of special education
programs and services.
The district must develop
procedures to ensure that students
are informed one year prior to
their eighteenth birthday of their
rights at age 18 to make all
decisions regarding the provision
of special education programs and
services, as well as a process to
track implementation of the newly
developed procedures.
The district reported that it has
begun to monitor students who
are approaching their 17th
birthday and is sending
reminders to liaisons for
students who are approaching
the age of majority in the
beginning of the school year to
ensure that parents and students
are informed of the transfer of
rights. (Informing the student
of his/her rights one year prior
to the age of majority does not
require and annual review Team
Conduct an administrative review
of IEPs of students who have
reached their 17th birthday since
the beginning of the 2010-2011
school year to determine if the
district has informed them of their
rights at 18 to make all decisions
regarding the provision of special
education programs and services.
*Please note when conducting
internal monitoring the district
must maintain the following
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 4 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
By October 1,
2010,
please:
1) describe the
procedures the
district will use
to “inform”
students, 2)
indicate that the
person(s)
responsible for
this task are
aware of these
procedures and
3) how the
district will
track that the
procedures are
being
implemented.
By February 1,
2011, please
submit:
1) The number
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Student records
and interview
SE 9
Timeline for
determination
of eligibility
and provision
Method(s) of
Investigation
PI
Basis of Determination about
Criterion
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
meeting.)
documentation and make it
available to the Department
upon request: a) List of student
names and grade levels for the
records reviewed; b) Date of the
review; c) Name of person(s)
who conducted the review, with
their role(s) and signature(s).
of student
records
reviewed;
2) The number
of student
records in
compliance;
3) For all
records not in
compliance with
this criterion,
determine the
root cause(s) of
the noncompliance; and
4) The district’s
plan to remedy
any noncompliance.
Student record review and
interview reveal that the IEP is
not always issued within 45
working days following the
consent to evaluate.
Conduct an administrative review
of IEPs to determine the root
cause(s) for the inconsistent
provision of the IEP to the parent
within 45 working days following
the consent to evaluate.
By October 1,
2010, please
provide a
detailed
description of
the root causes
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 5 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
of
documentation
to parent
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Describe the root cause(s) for that
inconsistent provision and develop
a plan to address those issues.
Submit the results of a review of
IEP’s developed after the
implementation of the district’s
plan for compliance with the 45
day timeline.
*Please note 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 levels for the
records reviewed; b) Date of the
review; c) Name of person(s)
who conducted the review, with
their role(s) and signature(s).
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 6 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
for the
inconsistent
provision of the
IEP within 45
working days
following the
consent to
evaluate and a
detailed
description of
the district’s
newly
developed plan
to address such
causes,
including
evidence of any
training or staff
changes made.
By February 1,
2011, please
submit:
1) The number
of student
records and
grade levels
reviewed;
2) The number
of student
records in
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
compliance;
3) For all
records not in
compliance with
this criterion,
determine the
root cause(s) of
the
noncompliance;
and
4) The district’s
plan to remedy
any continued
noncompliance.
SE 18B
Determination
of placement;
provision of
IEP to parent
PI
Student
records,
interview,
district’s
internal
monitoring
report
Student records, interview, and
a district internal monitoring
report indicate that the district is
not consistently issuing the IEP
to parents immediately after the
Team Meeting.
The district reported that to
reduce the time it takes to
provide the IEP to parents; it
will explore ways to streamline
the process for the coming
school year, including using the
electronic mail system
The district must develop
procedures to ensure that it is
issuing the IEP to parents of all
identified students immediately
after the Team Meeting, or as an
alternative to provide a summary
presenting the key service
provisions to the parent as they
leave the IEP Team meeting.
At a minimum, this summary of
the decisions and agreements
reached during the Team meeting
must include:
(a) a completed IEP
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 7 of 11
By October 1,
2010,
please:
1) describe the
root causes of
the district’s
failure to issue
the IEP, or an
adequate
summary to
parents of all
identified
students
immediately
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
incorporated within the
electronic reporting system and
allowing team chairs to use the
electronic reporting system
along with a projector to
develop IEPs during team
meetings. The district decided
to try this new process
following an internal
monitoring review of a
sampling of IEPs from January
1, 2010 to the time of the midcycle review. The district
intends to have team chairs pilot
the system at the middle school
level in the 2010-2011 school
year and have the director of
special education provide
oversight (The district must
take steps to ensure that
compliance with this
requirement is met
throughout the district within
one year).
service delivery grid
describing the types and
amounts of special
education and/or related
services proposed by the
district, and
(b) a statement of the
major goal areas
associated with these
services.
The district may then take no
more than two calendar weeks
(this reflects the former ten school
working days standard) to prepare
the complete IEP for the parent's
signature and for the student's
records (both home and school).
*See Memorandum on the
Implementation of 603 CMR
28.05(7): Parent response to
proposed IEP and proposed
placement, December 2006
Conduct an internal review of all
IEPs issued in the fall semester of
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 8 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
after the
meeting
2) Provide a
detailed
description of
the procedures
the district will
use to ensure
compliance
throughout the
the district to
issue the IEP or
an appropriate
summary to
parents
immediately
after the Team
meeting
3) indicate that
the person(s)
responsible for
this task are
aware of these
procedures and
4) how the
district will
track that the
procedures are
being
implemented.
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
the 2010-2011 school year across
all school levels (elementary,
middle and high) to determine if
timeline requirements are being
met.
*Please note 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 levels for the
records reviewed; b) Date of the
review; c) Name of person(s)
who conducted the review, with
their role(s) and signature(s).
SE 22
IEP
Implemented
Student
records,
The district has hired a .5 FTE
teacher of the visually impaired,
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 9 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
By February 1,
2011, please
submit:
1) The number
of student
records and
grade levels
reviewed;
2) The number
of student
records in
compliance;
3) For all
records not in
compliance with
this criterion,
determine the
root cause(s) of
the
noncompliance;
and
4) The district’s
plan to remedy
any remaining
noncompliance.
Criterion
Criterion
Implemented

implementation
and availability
Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about
Criterion
interview and
documentation
a 1:1 paraprofessional and has
continued the consultancy
contract with the Perkins
School to develop a more
comprehensive vision program.
Regular monthly meetings are
held to ensure full IEP
implementation.
SE 40
Instructional
grouping
requirements
for students
aged five and
older
Implemented
Documentation,
interview
Special education classrooms
have appropriate instructional
groupings with the proper ratio
of teachers and aides to
students.
SE 48
FAPE (Free,
appropriate,
public
education:
Equal
opportunity to
participate in
educational,
nonacademic,
extracurricular
Implemented
Observation,
interview and
documentation
The program for students with
behavior issues had been
isolated in a separate building at
the time of the CPR, known as
“The Cottage,” but was
relocated to the Monument
Valley Middle School where
the students have access to all
programs, services and
activities.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 10 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
Observation,
interview and
documentation
The program for students with
behavior issues had been
isolated in a separate building at
the time of the CPR, known as
“The Cottage,” but was
relocated to the Monument
Valley Middle School where
the students are included in the
life of the school in equitable
facilities and classrooms.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
and ancillary
programs, as
well as
participation in
regular
education
SE 55
Special
education
facilities and
classrooms
Implemented
Berkshire Hills Regional School District Coordinated Program Review Mid-cycle Report
August 24, 2010
Page 11 of 11
(b) Progress
Report Due
Date(s) and
Required
Elements
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REVIEW
School District: Berkshire Hills Regional School District
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