Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 29, 2008 Brian McDermott, Superintendent Berlin Public Schools Boylston Public Schools Berlin-Boylston Regional School District 215 Main St. Boylston, MA 01505 Re: Mid-cycle Report Dear Superintendent Connelly: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report. This report contains findings based on onsite monitoring by the Department, conducted to determine the effectiveness of corrective action it approved or ordered to address noncompliance identified in your district’s last Coordinated Program Review Report, dated May 23, 2005. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004. While the Department of Elementary and Secondary Education found your district to have resolved all previously identified noncompliance issues, the Department’s onsite team identified new issues of noncompliance, including but not limited to noncompliance with special education criteria added or substantially changed in response to IDEA 2004. The Office of Special Education Programs of the U.S. Department of Elementary and Secondary Education requires that all special education noncompliance be corrected as soon as possible, but in no case later than one year from the time of identification. In the instance where noncompliance has been found, the corrective action must be corrected as soon as possible, but in no case later than a year from the date of this report. You will find this requirement for corrective action included in the enclosed report, along with requirements for progress reporting. Please provide the Department with your written assurance that the Department's requirements for corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to me by August 15, 2008. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 781338-3781. Sincerely, Paul J. Aguiar, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Rebecca Dono Healy, Boylston Public Schools, School Committee Chairperson Christine Keefe, Berlin Public Schools, School Committee Chairperson Vincent Perrone, Berlin-Boylston Regional Schools, School Committee Chairperson Judith Vaillancourt, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW REPORT Berlin-Boylston Public School District Date of Coordinated Program Review (CPR) Final Report: May 23, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: January 10, 2006 Dates of Corrective Action Plan Progress Reports: December 4, 2006 & July 5, 2006 Dates of this Mid-cycle Review Onsite Visit: May 19-20, 2008 Date of this Report: July 29, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 2 – Required and Optional Assessments Appropriately Selected and Interpreted Review of student records, and staff interviews Both required and optional assessments are appropriately selected and interpreted for students referred for evaluation. Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 1 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 4 – Assessment Reports Review of student records, and staff interviews Evaluation reports consistently contain assessment procedures, results, and diagnostic impressions, as well as educationally relevant recommendations. SE 7 – Transfer of rights and student participation at age of majority Staff interviews and review of student records The district informs students prior to reaching age 18 of their rights at age 18 to make all decisions in relation to special education programs and services. SE 11 – Response to parental request for independent educational evaluation Staff interviews and review of student records The district has specific procedures in place to ensure that independent evaluations are processed upon parental request. Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 2 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 15 – Outreach of the School District (Child Find) Staff interviews and Document Review The district does outreach to several places such as private nursery schools and daycare facilities in the community, local newspapers, local cable companies, agencies serving homeless people, clinical health care agencies, private, parochial and charter schools, libraries, school parent newsletters, early intervention programs, town clerk’s office, town preschools in both Berlin and Boylston, various parent organizations, group homes and each school’s administrative offices. SE 17 – Initiation of services at age three and Early Intervention transitions Review of student records, interviews, document review The district consistently conducts assessments and develops an IEP by a child’s third birthday. Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 3 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 18A – IEP Development and Content Review of student records, interviews, document review Once a Berlin-Boylston student is determined eligible for special education, the Team, including the parent, develops an IEP at the Team meeting using the evaluation data to guide the development of the annual goals for the student. SE 18B – Determining placement: Provision of IEP to parent Partial Review of student records and staff interviews IEP Teams consistently determine appropriate placement to deliver the services on the student’s IEP. Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance Partial The district does not always provide the parents with two copies of the proposed IEP and proposed placement immediately following the development of the IEP. Please refer to the guidance issued by the Department on December 1, Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 4 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Submit by October 3, 2008 attendance and agenda for staff training on the district’s process for parents being provided with two copies of the proposed IEP and proposed placement immediately following the development of the IEP. Submit, by December 18, 2008, an administrative review of student records for students having an IEP Team meeting since the training Include: The name of the person responsible for ongoing Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance 2006 at http://www.doe. mass.edu/news/n ews.asp?id=3182 . Required Corrective Action, Timelines for Implementation and Progress Reporting SE 21 School Year and School Day Requirements Review of student records, staff interviews, document review IEP Teams routinely consider the need for an educational program that is less than or more than the regular school day or school year, including extended day, or year, and/or residential services and they indicate on the IEP why the shorter or longer program is necessary. SE 22 IEP implementation and Review of student records and interviews Upon acceptance of an IEP, the school district provides the mutually agreed upon services without delay. Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 5 of 16 monitoring of this criterion The number of student records reviewed The number of records with documentation that parents were provided two copies of the proposed IEP within ten days of the meeting, after having been provided with a written summary at the conclusion of the meeting. Describe the actions taken to correct any identified non-compliance Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 24 Notice to parent for initiation or change of identification, evaluation, or placement Review of student records and staff interviews All questions on page two of the N1 and N2 forms are consistently addressed. SE 26 Parent Participation in Meetings Review of student records, staff interviews, and document review Meeting invitations are sent on time and one or both parents make decisions on the educational placement of their child. SE 32 Parent advisory council for special education Document review and parent and staff interviews The district has established the BerlinBoylston Public Schools Special Education Parent Advisory Council (SEPAC), which has a set of by-laws, holds regular meetings, attends and reports to the various school committees in Berlin, Boylston and Tahanto and schedules guest speakers open to the entire school community. The Berlin- Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance availability Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 6 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance Boylston SEPAC also maintains a website for parents to access information. SE 35 Assistive Technology: Specialized materials and equipment Review of student records, staff interviews, document review IEP Teams consistently consider the need for assistive technology. SE 36 IEP Implementation, Accountability and Financial Responsibility Review of student records, staff interviews, document review The district provides a copy of its written procedures developed in order to notify all service providers and teachers of the receipt of an accepted or partially accepted IEP and to implement the services without delay. Administration and staff consistently oversee and monitor the implementation of in-district and out-of-district IEPs. SE 37 Procedures for Approved and Unapproved Review of student records, staff interviews, and The district has appropriate procedures for the use and placement in approved and unapproved out-of-district programs. Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 7 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance document review Out of District Placements SE 41 Age Span Requirements Staff interviews and document review The district adheres to the age span requirements. SE 43 Behavioral Interventions Review of student records, document review and staff interviews IEP Teams routinely consider and document behavioral interventions in IEPs. SE 45 Suspension Up to 10 days and after 10 Days SE 51 Special Review of student records, staff interviews, document review Review of student records, staff The district has current IDEA 2004 procedures for the discipline of students with special needs in its student handbook. The district provided copies of the certification/licensure for all its special Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 8 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective education teacher certification/ licensure interviews, document review education teachers, and all staff are fully licensed or on an approved waiver. SE 53 Use of paraprofessionals Review of student records, staff interviews, document review Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance The district provided evidence of the professional development training that it has offered to its paraprofessional staff. Persons employed as paraprofessionals and assistants do not design instruction for students with disabilities but are expected to implement instruction under the supervision of an appropriately certified or licensed professional who is proximate and readily available to provide such supervision. SE 54 Professional Development - Special Education Staff interviews and document review The district provides required professional development training for all staff. SE 55 Special education facilities and classrooms On-site visit, document review and staff interviews The physical therapy services are no longer conducted in the gymnasium and cafeteria at the Tahanto Regional MiddleHigh School, but are instead offered in a private, vacant room off one of the main Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 9 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Criterion Number/ Topic Approved Corrective Action Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Basis of Corrective Determination Action Not that Implemented Implementation Not Effective, of Corrective or Action was New Issues Incomplete or Identified Ineffective or Basis of Finding of New Noncompliance corridors of the building for individual therapy. An on-site visit was conducted on May 19, 2008. Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 10 of 16 Required Corrective Action, Timelines for Implementation and Progress Reporting Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number And Topic SE 3 Determination of a specific learning disability Criterion Method(s) Implemented of Verification Review of student records, staff interviews, document review Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially, or Not Implemented IEP Teams create a written determination as to whether or not the student has a specific learning disability, which is signed by all Team members. The district is also planning training to staff on the use of the new SLD forms and procedures prior to the beginning of the 2008-2009 school year. Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 11 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number And Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 6 ##1 - 3 Determinatio n of Transition Services Review of student records, staff interviews, document review The district appropriately and annually plans for transition activities for students with disabilities. The district is also using the new MAESE transition forms. SE 8 IEP Team composition and attendance Review of student records, staff interviews, document review The district has all of the required members at IEP Team meetings and uses a Team member excusal form when required members are not able to attend. The excused member does provide input in writing. SE 12 Frequency of re-evaluation Review of student records, staff interviews, document review The district consistently conducts re-evaluations at least every three years. Review of student records, staff interviews, document review The district adheres to the mandated timelines for the conducting of an annual review, on or before the IEP implementation anniversary date. SE 14 Review and revision of IEPs Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially, or Not Implemented Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 12 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number And Topic Criterion Implemented SE 25B Resolution of disputes Method(s) of Verification Basis of Determination that Criterion was Implemented Review of student records, staff interviews, document review The district follows an appropriate protocol regarding resolution of disputes that is consistent with the regulations. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially, or Not Implemented Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 13 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number And Topic SE 33 Involvement in the General Curriculum SE 46 Procedures for suspension of students with disabilities more than 10 days SE 52 Certifications/ licenses or other credentials – related service providers of interpreting services Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Review of student records, staff interviews, document review District personnel understand the rights of students with disabilities, to be full participants in the general curriculum. The district documents the student’s participation in the general curriculum in the IEP. Review of student records, staff interviews, document review The district has procedures in place that meet the requirements set forth in this criterion. The procedures are being followed in practice. Review of student records, staff interviews, document review At the time of the review, the district did not have any students or parents that required contracting with interpreters for the deaf or hard of hearing. The district has made contact with the Massachusetts Commission for the Deaf and Hard of Hearing to provide possible interpreters for any incoming students. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially, or Not Implemented Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 14 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criteria from Other Regulated Programs Monitored During this Mid-cycle Review Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number /Topic Approved Corrective Action Implemented and Effective Methods of Verification Partial Review of student records, staff interviews, document review Basis of Determination that Corrective Action was Implemented and has been Effective ELE 11 Equal Access to Academic Programs and Services Corrective Action Not Implemented Not Effective Or New Issues Identified The district does not segregate LEP (limited English proficient) students from their English-speaking peers to implement an English Learner Education (ELE) program and ensures that LEP students participate fully with their English-speaking peers. The district uses grade appropriate content objectives for LEP students that are based on the district curricula in English language arts, history and social science, mathematics, and science and technology/engineering, taught by qualified staff members. The district ensures that LEP students are taught to the same academic standards and curriculum as all students, and provides the same opportunities to master such standards as other students, including the opportunity to Partial Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective, Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Not all LEP students are receiving ELD (English Language Development) instruction. All of the teachers who have LEP students have either not received any of the ELE/SEI, Sheltered English Instruction professional development requirements or only one or two. Teachers who instruct using SEI must have either a content license and ESL/ELE license; or have a content license and co-teach with another teacher who holds an ESL/ELE license; or have a content license and have obtained intense and sustained professional development in the required categories. See: http://www.doe.mass.edu/ell/news0 4/0615qualifications.pdf ) Submit an agenda and attendance, by October 3, 2008, for training to administrators, guidance counselors and ELE/ESL staff on the following topics: a. The district’s obligation to provide all LEP students, including special education, 504 and ELL transitioning students SEI and ELD services until they become FLEP, former LEP. b. The district’s method for providing LEP high school students with guidance and counseling information, specifically related to the course of studies and guidance related topics including financial aid, scholarships, college visits, SAT, PSAT and ACT and middle school students with guidance and counseling information specifically related to choosing freshman courses, vocational visits and course of studies. Also submit these procedures. The district does not ensure that LEP students have the opportunity to receive support services, such as guidance and counseling, in a language that the student understands. Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 15 of 16 Submit a five-year district-wide SEI Criterion Approved Methods Corrective Number of Action /Topic Implemented Verificaand tion Basis of Determination that Corrective Action was Implemented and has been Effective Effective Corrective Action Not Implemented Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective, Or Basis of Finding of New Noncompliance enter academically advanced classes and have access to a full range of programs and supports afforded non-LEP students, such as special education services, Section 504 Accommodation Plans, Title I services, career and technical education. Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements professional development plan by October 3, 2008 to ensure that all elementary, middle and high school content (English, Science, Social Studies and Math) teachers who have limited English proficient students in their classrooms are at least trained in the following areas: (1) second language learning and teaching; (2) sheltering content instruction; (3) assessment of speaking and listening; and (4) teaching reading and writing to limited English proficient students. See: http://www.doe.mass.edu/ell/news04/ 0615qualifications.pdf All parents at the BerlinBoylston Public Schools have indicated that they would prefer information in notices such as activities, responsibilities, and academic standards in English and the district will provide translation for any parent requesting it on the home language surveys. Submit an updated LEP Class Roster for school year 2008-2009 by October 3, 2008, that includes: student names, home language, language requested by parents for documentation, years in the program, current language proficiency and amount of ELD/ESL instruction. The roster should indicate that all LEP students are receiving ELD/ESL instruction. Berlin-Boylston Regional Schools Coordinated Program Review Mid-cycle Report July 29, 2008 Page 16 of 16