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 September 21, 2011 Dr. Anthony Serio Superintendent Billerica Public Schools 365 Boston Road Billerica, MA 01821 Re: Mid-cycle Report Dear Superintendent Serio: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in April of 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 October 7, 2011. Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you 1 have questions about this letter or the enclosed report, please do not hesitate to contact Nathan Lemmon at 781-338-3720. Sincerely, Nathan Lemmon, 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 Elizabeth Ahern, Supervisor, Program Quality Assurance Services Maryanne Harring Laurendeau, School Committee Chairperson Michael Ponti, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Billerica Public Schools Dates of the Mid-cycle Review Onsite: April 25-26, 2011 Date of this Report: September 21, 2011 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parental rights at age of majority and student participation and consent at the age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and staff interviews demonstrated that one year prior to the student reaching age 18 the district informs the student and the parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday. Upon reaching the age of 18, the district implements procedures to Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 1 of 18 (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 obtain consent from the student to continue the student’s special education program. SE 52A Registration of educational interpreters Document Review A review of district documentation indicated that all providers of interpreting services for students who are deaf or hard of hearing are registered with the Massachusetts Commission for the Deaf and Hard of Hearing. Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 2 of 18 (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 SE 1 Assessments are Appropriately Selected Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Staff Interviews Student Records Document Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of district documentation, student records and interviews with staff members demonstrated that while the district has improved its array of available assessments for initial evaluations and reevaluations, district staff members continue to be inconsistently trained on the use of assessment tools and in some instance are unaware of the range of assessment options that are available and when it is appropriate to use them. The district must provide training to all special education staff members who are responsible for conducting assessments at all school levels. The district must review with these staff members the requirements to tailor all assessments to measure specific areas of educational need and measure all areas related to developmental needs for the purpose of developing appropriate data for educational decision makers. Further, the district must develop an internal oversight and tracking system to ensure that initial and re-evaluation assessments are appropriately selected. Once the oversight and tracking system has been developed the district must disseminate this information to all Team chairpersons. Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 3 of 18 (b) Progress Report Due Date(s) and Required Elements Submit an agenda, attendance sheets with staff names and roles and materials used for the training. Also please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date for the system’s implementation on or before November 18, 2011. Submit the results of the administrative review of student records. Indicate the number of records 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 district must conduct an administrative review of student records for students who have undergone an initial or reevaluation subsequent to the district’s implementation of all corrective action activities to determine if the district is compliant with the requirements of this criterion. *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 2 Required and Optional Student Records Interviews, documentation and a review of student records indicated that all required Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 4 of 18 (b) Progress Report Due Date(s) and Required Elements reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions taken by the district to address any identified noncompliance. Please submit this to the Department on or before March 30, 2012. Criterion Criterion Implemented Assessments SE 6 Determination of Transition Services SE 8 IEP Team Composition and Attendance Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Staff Interviews Document Review assessments are consistently administered. It was also noted that district IEP Teams routinely address the need for Assistive Technology assessments. Student Records A review of student records and interviews with staff members showed that the Team discusses the student’s transition needs annually. Transition Planning Forms are evident in records of students 14 years of age and older. Interviews also indicated that the district has developed opportunities and options for the development of community experiences, employment and similar vocational options for students within the district. Staff Interviews Basis of Determination about Criterion Student Records Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Interviews with staff members and a review of student records indicated that the district ensures that a representative of the school district who is knowledgeable about the availability of resources within Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 5 of 18 (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 (b) Progress Report Due Date(s) and Required Elements The district must conduct a root cause analysis related to provision of progress reports at the middle school level during the 2010-2011 school year in order to determine why special education staff members do not consistently complete student progress reports. Once the analysis is complete the district Please submit a narrative description of the outcomes of the district’s analysis, the corresponding corrective actions taken and the associated timelines. Also, include a the district, and has the authority to commit those resources is in attendance at each Team Meeting. SE 9A Elements of Eligibility Determination SE 13 Progress Reports and Content Staff Interviews Document Review PI Student Records Staff Interviews Interviews with staff members and a review of district documentation demonstrated that the district has created a system of support services in the general education setting so that that when a student’s lack of progress is not due to a disability there are supports and programs in place to address issues such as reading or mathematics, limited English proficiency and student behavior. A review of student records and interviews with staff members indicated that at the middle school level the district does not consistently provide the parents of special needs students with reports on the student's progress toward reaching the goals set in the IEP at least as often as parents are informed of the Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 6 of 18 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion progress of non-disabled students. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation must develop appropriate corrective action steps, which include the development of an oversight and tracking system to ensure compliance with provision of progress reports. The district must conduct an administrative review of middle school student records for progress reports completed subsequent to the district’s implementation of all corrective action activities to determine if the district is compliant with the requirements of this criterion. *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). Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 7 of 18 (b) Progress Report Due Date(s) and Required Elements description of the tracking system and the person(s) responsible for the oversight. Please submit this to the Department on or before November 18, 2011. Submit the results of the administrative review of student records. Indicate the number of records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions taken by the district to address any identified noncompliance. Please submit this to the Department on or before March 30, 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 2012. SE 15 Outreach Staff Interviews Document Review SE 18A IEP Development and Content PI Student Records Staff Interviews Interviews with staff members and review of district documentation demonstrated that the district has a process in place to engage in outreach to, or liaison with, the local community on an annual basis. Interviews with staff members and a review of student records indicated that the district consistently conducted annual Team meetings with all required Team members, however it was noted that Teams are not consistently changing goals and benchmarks as students move forward in age and grade level. Student records clearly demonstrated that in some instances the Teams are merely repeating goals and benchmarks from year to year without consideration of the appropriateness of each goal and benchmark. The district must provide training to Team Chairpersons related to annual IEP development that focuses on writing goals and benchmarks that are responsive to the student’s needs and development. Further, the district must develop an oversight and tracking system to ensure compliance with requirements related to IEP development and content. The district must conduct an administrative review of student records that have had an annual review completed subsequent to the district’s implementation of all corrective action activities to Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 8 of 18 Submit an agenda, attendance sheets with staff names and roles and materials used for the training. Also please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date for the system’s implementation on or before November 18, 2011. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation determine if the district is compliant with the requirements of this criterion. *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 19 Extended Evaluation Student Records Staff Interviews A review of student records and interviews with staff members demonstrated that when an IEP Team finds that evaluation information is insufficient to develop a full or partial IEP, the Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 9 of 18 (b) Progress Report Due Date(s) and Required Elements Submit the results of the administrative review of records. Indicate the number of records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions taken by the district to address any identified noncompliance. Please submit this to the Department on or before March 30, 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 (b) Progress Report Due Date(s) and Required Elements Team, with the parents’ consent, agrees to an extended evaluation period in accordance with regulatory requirements. SE 20 Least Restrictive Program Selected PI Student Records Staff Interviews Document Review Record review indicated that at the middle and high school levels IEP statements regarding the justification for the removal of the student from the general education setting are inconsistent, addressing the disability rather than the individual needs and abilities of the student. The district does offer inclusive settings; in fact an emphasis on providing inclusive settings for students since the last Coordinated Program Review was evident. Interviews and student records indicated however, that students at the middle and high school levels are being removed from the general education setting without fully documenting whether a modification in the curriculum might suffice to meet the student’s needs. The district must conduct a root cause analysis at the middle and high school levels with their Team Chairs and principals to determine what the barriers are to effectively placing students with disabilities in the least restrictive environment. Once the analysis is complete the district must develop appropriate corrective action steps, which include the development of an oversight and tracking system to ensure that the appropriate least restrictive program is proposed for each student at the middle and high school levels. The district must conduct an administrative review of student records for middle and high school level students who have had a proposed placement Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 10 of 18 Please submit a narrative description of the outcomes of the district’s analysis and the corresponding corrective actions being taken along with associated timelines. Also, provide a description of the tracking system and the person(s) responsible for oversight. Please submit this to the Department on or before November 18, 2011. Submit the results of the administrative review of records. Indicate the number 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 change completed subsequent to the district’s implementation of all corrective action activities to determine if the district is compliant with the requirements of this criterion. *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 Implementation and Availability Document Review Staff Interviews A review of district documentation and staff interviews indicated that there is a district-wide system for assuring that teachers have access to students’ IEPs and staff members are aware of their obligations with regard to implementation of the IEP. Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 11 of 18 (b) Progress Report Due Date(s) and Required Elements of records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions taken by the district to address any identified noncompliance. Please submit this to the Department on or before March 30, 2012. Criterion Criterion Implemented SE 25B Resolution of Disputes SE 29 Communications in English and Primary Language Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Staff Interviews Student Records Staff Interviews Document Review SE 33 Involvement in the General Curriculum Student Records Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and interviews with staff members demonstrated that the district has a system in place to offer resolution sessions and mediation sessions to resolve conflict and disputes and follows procedural guidelines for offering these services to parents of students with IEPs. A review of documentation, student records and interviews demonstrated that the district has developed the capacity to provide translations as needed and does routinely translate communications into the primary language of the home. A review of student records and interviews with staff members indicated that the district does document the student’s participation in the general Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 12 of 18 (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 (b) Progress Report Due Date(s) and Required Elements See SE 20. See SE 20. curriculum. SE 34 Continuum of Alternative Services and Placements SE 35 Assistive Technology PI Student Records Staff Interviews Staff Interviews Document Review Student Records A review of student records and interviews with staff members revealed staff at the middle and high school levels have limited understanding of the requirements for providing the Least Restrictive Environment and are not routinely aware of placement options. Teams at the middle and high school levels do not consistently consider all options across the continuum of placements, particularly with regard to services within inclusive settings. See SE 20. Staff interviews and a review of documentation demonstrated that the district has developed a system to ensure that all staff members have knowledge of what is available and access a variety of assistive technology and related resources within the district. Student records indicated that the IEP Team routinely considers the need for Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 13 of 18 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 assistive technology where appropriate. SE 36 IEP Implementation, Accountability and Financial Responsibility SE 37 Procedures for Approved and Unapproved Out-of-District SE 40 Instructional Grouping Age 5 and Older Student Records Staff Interviews Student Records Document Review Document Review Staff Interviews A review of student records and interviews with staff members indicated that the district does consistently monitor and oversee the full implementation of the proposed and accepted services for students who are placed in out of district programs. A review of student records and district documentation indicated that the district has developed a monitoring system to ensure oversight of students in out of district placements. The records for student in out of district placements contained all required documentation including monitoring plans. A review of district documentation and interviews with staff members demonstrated that all instructional groupings within the district meet the requirements of this criterion. Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 14 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion SE 43 Behavioral Interventions Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Staff Interviews SE 48 Equal Educational Opportunity Document Review Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and interviews with staff members showed that the district has developed programs and options to serve students with behavioral difficulties. It was evident that these programs are structured to provide learning opportunities that prepare students to reach the state graduation standards and participate in the general education setting. A review of district documentation and interviews with staff members indicated that students in substantially separate settings have equal opportunity to participate with their nondisabled peers in nonacademic, extra curricular and ancillary programs, such as art, music and physical education. Additionally, high school level student also have access to work- Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 15 of 18 (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 (b) Progress Report Due Date(s) and Required Elements The district must develop and implement a plan to ensure that middle and high school level general and special education staff members receive training in the 2011-2012 school year which includes sessions related to state and federal special education requirements and related local special education policies and procedures; analyzing and accommodating Please submit a copy of the training plan for the middle and high school levels and the person(s) responsible for oversight. Also please submit the description of the district wide strategy to ensure all study and employment opportunities, where appropriate. SE 50 Administrator of Special Education Document Review A review of district documentation showed that the current director of Special Education is appropriately certified. SE 51 Special Education Teacher Licensure Document Review A review of district documentation demonstrated that all special education staff members are appropriately licensed or hold current waivers as required. Staff Interviews A review of documentation and interviews with staff members indicated that the district has not fully developed a district-wide training strategy for all staff members. Specifically, at the middle and high school levels, staff members did not consistently receive training related to state and federal special education requirements and related local special SE 54 Professional Development PI Document Review Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 16 of 18 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion education policies and procedures; analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse learning styles; and methods of collaboration among teachers, paraprofessionals and teacher assistants to support inclusive practices. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation diverse learning styles of all students and methods of collaboration among teachers, paraprofessionals and teacher assistants. Further, the district must develop a district wide, long term strategy to ensure that all staff, including both special education and general education staff members will be consistently provided with a full array of professional development opportunities that meet the requirements of this criterion. (b) Progress Report Due Date(s) and Required Elements staff will consistently receive the full array of required professional development. Please indicate the person(s) responsible for the oversight, including the date for the system’s implementation on or before November 18, 2011. Submit the district’s updated multi-year comprehensive district wide professional development plan to the Department on or before March 30, 2012. SE 55 Special Education Observations Staff On site observations and interviews with staff members indicated that the spaces used for Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 17 of 18 Criterion Criterion Implemented Facilities and Classrooms SE 56 Special Education Programs and Services are Evaluated Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Interviews the Bridge to Work program are being adequately maintained and furnished to allow students with behavioral issues to access the curriculum at the high school. The school district provides facilities and classrooms for eligible students that maximize inclusion, provide accessibility and are at least equal in all physical respects to the average standards of general education facilities and classrooms. Staff Interviews A review of district documentation and interviews with staff members demonstrated that the district has procedures in place to regularly evaluate its special education programs. Document Review If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Billerica Public Schools Coordinated Program Review Mid-cycle Report September 21, 2011 Page 18 of 18 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Billerica 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