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 January 17, 2012 Marie E. Galinski, Ed.D., Superintendent Beverly Public Schools 502 Cabot Street Beverly, Ma 01945 Re: Mid-cycle Report Dear Superintendent Galinski: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in December 2011. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by January 31, 2012. 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 781338-3723. 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 William Scanton, School Committee Chairperson Debra O’Connor, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Beverly Public Schools Dates of the Mid-cycle Review Onsite: December 7, 2011 Date of this Report: January 17, 2012 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 and student participation and consent at age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation PI Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Student records indicated that the district does not always inform the student and the parent/guardian one year prior that the educational decision making rights will transfer from the Please conduct an analysis of the current procedures regarding the notification of Age of Majority one year prior to the students 18th birthday. Please ensure that the cause of the non-compliance found in the student records is identified. The district’s student database must ensure that it has the capacity to disaggregate data by student date of birth. In turn, identify all students who will turn 18 within the next year, and will require notification Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 1 of 12 (b) Progress Report Due Date(s) and Required Elements Please submit a narrative description of the results of the analysis conducted. Please be sure to include any changes made Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion parent/guardian to the student upon the student’s 18th birthday. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation to both the student and the parent/guardian regarding transfer of rights. Please make any necessary adjustments and revisions to the current system of tracking as a result of the analysis conducted. Please provide training to all high school special education chairpersons regarding the notification of the age of majority procedures. Please be sure to include personnel responsible for oversight of the requirements for the transfer of parental rights. Please review the administrative advisory 2011-1 that can be found at: http://www.doe.mass.edu/sped/advisories/11_1.html Select a sample of student records to review for appropriate Age of Majority procedures for students who turned 17 subsequent to the implementation of corrective actions. Please review all of the applicable student records to ensure notification was sent. *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 Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 2 of 12 (b) Progress Report Due Date(s) and Required Elements to the current procedures as a result of the analysis. Please provide evidence of training provided to the high school special education chairpersons. Please list the number of students identified who will turn age 18 within the next year, as well as the personnel responsible for ensuring that notification is provided to both the student and the Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s) This applies to all criteria requiring internal monitoring as part of the corrective action(s). (b) Progress Report Due Date(s) and Required Elements parent. This progress report is due April 6, 2012. Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 3 of 12 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 plan to remedy the noncompliance. Please submit these results by October 1, 2012. SE 8 IEP Team composition and attendance Document Review Student Records A review of documentation and student records indicated all of the required members of the IEP Team attend unless the parent and the district agree in writing to excuse that member and the required Team member provides written input to the parent and the IEP Team prior to the meeting. Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 4 of 12 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review Student Records SE 18A IEP Development and content Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of documentation and student records verified that the district implemented training and developed procedures regarding the IEP Team’s obligation to document when the evaluation indicates that the student’s disability affects social skills development or makes them susceptible to bullying, harassment, or teasing. SE 25 Parental consent Document Review Staff interviews verified that when a parent revokes consent for special education, the district provides the parent notification Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 5 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation that all special education services will be discontinued. Additionally, interviews verified that the district will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services, consistent with federal regulation. Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 6 of 12 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation PI Student Records SE 2 Required and Optional Assessments Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Student records indicated that the district does not always complete all of the components of the required education assessments to determine eligibility for special education. In some instances, the district did not gather assessment data from teachers with current knowledge regarding the student's specific abilities in relation to the learning standards of the Massachusetts Please complete the missing education assessments for individual students identified by the Department in the Student Record Issues Worksheet and reconvene the IEP Team for each. Please develop or revise the current internal tracking system to ensure that all of the components of the required education assessments are conducted by the evaluators. The tracking system should include supervisory oversight and periodic reviews to ensure compliance. Please ensure that the elementary and middle school general education and special education staff are trained on the Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 7 of 12 (b) Progress Report Due Date(s) and Required Elements Provide copies of the Notice of the School District Proposal to Act, and a Meeting Invitation as evidence that IEP Teams reconvened to consider the missing evaluation elements and whether a new or amended IEP was necessary. April 6, 2012. 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 Curriculum Frameworks and the district curriculum. Additionally, the district does not always conduct an assessment of the student's attention skills, participation, behaviors, communication skills, memory, and social relations with groups, peers, and adults. requirements to assess the student abilities in relation to the learning standards of the Massachusetts Curriculum Frameworks and the district curriculum. Please ensure that the training conducted includes information on the requirement for teachers with current knowledge of the student to assess the student's attention skills, participation, behaviors, communication kills, memory, and social relations with groups, peers, and adults. The district is advised to use the Department’s recommended Educational Assessment forms which can be found at : http://www.doe.mass.edu/sped/28mr/ In other instances, the district does not always include a historical account of the student’s progress in the general education curriculum. Please conduct an internal review of student records with initial and reevaluations conducted subsequent to the completion of all corrective actions. The sample should represent all school levels to ensure that all components of the required education assessment have been completed. *Please note that when conducting internal monitoring the district must Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 8 of 12 (b) Progress Report Due Date(s) and Required Elements Provide a description of the newly developed and/or revised internal tracking system and indicate the person(s) responsible for it by April 6, 2012. Provide the training agenda, signed attendance sheets indicating the title/role of the staff attending as well as the name and title of the presenter by April 6, 2012. Submit the results of the review of student records. Indicate the number of student records reviewed, Criterion SE 29 Communications are in English and primary language of home Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Records Basis of Determination about Criterion A review of student records indicated that when the primary language of the parent is other than English, the district does not always provide written communication in both English and their primary language. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation 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) This applies to all criteria requiring internal monitoring as part of the corrective action(s). the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the noncompliance. Please submit these results by October 1, 2012. Please ensure the families of the students identified by the Department in the Student Record Issues Worksheet receive written IEP materials and notices in their primary language. Please submit evidence that all materials were provided to the families identified in the Student Record Issues Worksheet in their primary language of communication. Please track in the district’s data management system whether parents require written communications in a language other than English. It should be noted that one method of collecting this information could be through the administration of the district’s Home Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 9 of 12 (b) Progress Report Due Date(s) and Required Elements Please verify that 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 Language Survey. Please be sure to identify the personnel responsible for the data tracking and translation protocols. Please provide the special education staff with training on the procedures to secure translations. Please select a sample of 8-10 student records with IEP activities conducted after all corrective actions have been implemented, for review. Please ensure that the records selected are of families whose primary language is other than English and are representative of elementary, middle, and high school. Please review the records to verify that families who require written and oral communication in their primary language receive translated materials. Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 10 of 12 (b) Progress Report Due Date(s) and Required Elements the district tracks the need for translations and has clear procedures for providing written translations. Please be sure to include the personnel responsible for the data tracking and obtaining translations. This progress report is due April 6, 2012. Please submit a narrative description of the results of the internal monitoring conducted. Indicate the number of student records reviewed, 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 non-compliance is identified, please indicate the cause of noncompliance and the district’s corrective actions to achieve compliance. This progress report is due October 1, 2012. SE 55 Special education facilities and classrooms Facilities Observation The Department visited the Ayers Ryal Side Elementary School on December 7, 2011. The visit verified that the district has maintained its corrective action by relocating the Occupational Therapist space to a more suitable location where students have access to the necessary materials and equipment required for therapy. Beverly Public Schools Coordinated Program Review Mid-cycle Report January 17, 2012 Page 11 of 12 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Beverly 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