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
May 10, 2012
Beatriz Zapater, Head of School
Boston Day and Evening Academy
20 Kearsarge Avenue
Roxbury, MA 02119
Re: Mid-cycle Report
Dear Ms. Zapater:
Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based
on the onsite visit conducted in your district in January 2012. 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 and that of the Superintendent of the
local school district with whom your Horace Mann Charter School is affiliated that all of the
required corrective action will be implemented by your school within the timelines specified in
the report. You must submit this statement of assurance to Darlene Lynch, Director, Program
Quality Assurance Services, by May 25, 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 Jane Ewing at 781-3383741.
Sincerely,
Jane L. Ewing, 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
Kim McLarin, Board of Trustees Chairperson, Boston Day and Evening Academy
Carol R. Johnson, Ed.D., Superintendent, Boston Public Schools
Rev. Gregory G. Groover, Sr., School Committee Chairperson, Boston Public Schools
Encs: Mid-cycle Report
Mid-cycle Progress Report Form
2
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REPORT
BOSTON DAY AND EVENING ACADEMY CHARTER SCHOOL
Dates of the Mid-cycle Review Onsite: January 17-20, 2012
Date of this Report: May 10, 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
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
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 1 of 27
(b) Progress
Report Due
Date(s) and
Required
Elements
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
PI
Student Record
Review
Document
Review
Staff Interviews
SE 7
Transfer of
parental
rights and
student
participation
and consent
at age of
majority
Basis of Determination about
Criterion
All of the student records
reviewed for this criterion by
DESE were students who were
at least 18 years old in 2011.
Approximately half of the
records reviewed did not have
the notice of the transfer of
rights to the student or a
statement in the IEP regarding
the provision of notification a
year before the student reached
the age of majority.
According to the student record
review, document review and
staff interviews, the district
sends out a mailing of the notice
informing parents of the transfer
of rights that will occur at the
age of majority to all families
and students who will turn 18
during that school year.
However, both the parent and
the student must be notified at
least one year prior to the
student turning eighteen.
It is not clear how the school
addresses the lack of
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
Devise procedures to address
those circumstances when
incoming students are already 18
but their IEPs do not indicate
whether the parent and student
have been informed of the
transfer of decision-making
rights or the students’ previous
special education files are
incomplete or not available.
Please review the administrative
advisory 2011-1 that can be
found at:
http://www.doe.mass.edu/sped/a
dvisories/11_1.html for
assistance in developing the
school’s corrective action.
The district’s student database
and tracking system must have
the capacity to identify which
students have already turned 18
and re-enrolled in the district via
the BDEA student lottery to
verify that 1) documentation of
the parent’s and student’s
required notification regarding
the transfer of rights has been
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 2 of 27
(b) Progress
Report Due
Date(s) and
Required
Elements
Please provide a
copy of the
revised the notice
or devise a new
process using a
cover letter and
the Procedural
Safeguards.
Provide a copy of
the revised
procedures for
students who reenroll at 18 with
no evidence of
Age of Majority
procedures.
Please provide
evidence of
training provided
to IEP Team
chairpersons,
including the
signed attendance
sheet indicating
staff name and
role, the agenda,
and training
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about
Criterion
documentation of the transfer of
decision-making rights for
enrolled students who have
already turned 18 and either
have no documentation in the
student record to demonstrate
that they and their families have
been previously notified or if
the Boston Public Schoo1 the
student had been previously
enrolled in failed to provide the
required notification.
Boston Day and Evening
Academy (BDEA) must
continue to state in the IEP that
the student has been informed
that the right to make decisions
about his or her special
education will transfer to the
student when he or she turns 18.
BDEA’s notice is missing key
elements. In addition to
explicitly stating that all
educational decision-making
rights transfer from parents to
the 18 year old student, the
notification must also state that
the parent will continue to
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
sent and 2) a statement in the IEP
regarding notification is
included. Please make any
necessary adjustments and
revisions to the current system of
tracking as a result.
Please revise the district’s
standard notice to include the
requirement of the continued
right of the parent to have access
to the student’s record or use the
Parent’s Notice of Procedural
Safeguards with a cover letter to
the student and parent.
Please provide training to IEP
Team chairpersons regarding the
notification of the age of
majority procedures for those
students who re-enroll at age 18
as well as, students who are
about to turn 17. Please ensure
that chairpersons use the revised
notice and document the
notification in the IEP. Please be
sure to include the personnel
responsible for oversight of the
requirements for the transfer of
rights.
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 3 of 27
(b) Progress
Report Due
Date(s) and
Required
Elements
materials.
Please provide a
description of
how the district is
using its database
to identify those
students who will
be turning 17 and
those persons
responsible for
ensuring that the
notification
system is
implemented.
This progress
report is due
September 28,
2012.
For each of the
required samples,
please submit the
results of the
review of student
records. Indicate
the number of
student records
reviewed, the
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about
Criterion
receive all the required notices
from the school district and will
have the right to inspect the
student's records.
See also SE 24 below, regarding
the lack of Notices of School
District Actions (N1s) sent to
parents of BDEA students.
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
Please select a sample of student
records drawn from those
students who turned 17
subsequent to the district’s
implementation of all corrective
actions for appropriate Age of
Majority procedures. Also, select
a sample of those students who
have already turned 18 and reenrolled to ensure that the district
documented that 1) the parent
and student were notified and 2)
a statement in the students’ IEPs
documents the provision of
notification, and 3) the charter
school is using the revised notice
or protocol.
*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
review; b) Date of the review;
c) Name of person(s) who
conducted the review, their
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 4 of 27
(b) Progress
Report Due
Date(s) and
Required
Elements
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
November 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
roles(s), and their signature(s).
SE 8
IEP Team
composition
and
attendance
PI
Student Record
Review
Document
Review
The student record review
demonstrated that because all
students sampled for this
criterion had educational
decision-making rights,
Please revise the school’s
standard excusal form to include
the student as a possible
signatory.
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 5 of 27
Please provide a
copy of the
revised excusal
document.
Please provide
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Staff Interviews
Basis of Determination about
Criterion
typically the student, an
Educational Team Facilitator as
the IEP Team chairperson (who
is also the special education
teacher), and a general
education teacher were in
attendance at annual review
meetings and re-evaluation IEP
Team meetings.
The district documented
attempts to reach
parents/guardians (if applicable)
and/or students when a meeting
needed to be rescheduled.
However, it was not reflected
either in district documentation
or during interviews that BDEA
students who have attained the
age of majority and are the
educational decision-maker are
asked to sign excusal forms,
rather than the student’s parent
when a required IEP Team
member could not be in
attendance.
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
Please provide training to IEP
Team chairpersons regarding the
required IEP Team member
excusal process as it pertains to
students who have attained the
age of majority and are
responsible for their own
decision-making. Please be sure
to include any other personnel
responsible for oversight of the
requirements of the excusal
process.
Please select student records for
those IEP Team meetings that
have taken place after the school
has implemented all corrective
actions to review the use of the
IEP Team excusal process for
students with educational
decision-making to ensure that, if
appropriate, the district has 1)
documented the excusal and 2)
where appropriate, the excusal
form is signed by the student.
*Please note that when
conducting internal monitoring
the district must maintain the
following documentation and
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 6 of 27
(b) Progress
Report Due
Date(s) and
Required
Elements
evidence of
training provided
to IEP Team
chairpersons,
including the
signed attendance
sheet indicating
staff name and
role, the agenda,
and training
materials.
This progress
report is due
September 28,
2012
Please 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,
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
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).
(b) Progress
Report Due
Date(s) and
Required
Elements
determine the root
cause(s) of the
noncompliance
and provide the
school’s plan to
remedy the noncompliance.
Please submit
these results by
November 30,
2012.

Student Record
Review
Document
Review
SE 18A
IEP
development
and content
Staff Interviews
The district’s documentation
and staff interviews verified that
multiple trainings were provided
on the IEP Team’s obligation to
document in the IEP when the
student’s disability affects social
skills development or makes the
student susceptible to bullying,
harassment, or teasing.
School personnel are aware that
IEP Teams must consider and
address the skills and
proficiencies needed to avoid or
respond to bullying, harassment,
or teasing for students identified
with a disability on the autism
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 7 of 27
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
spectrum.

Student Record
Review
Document
Review
Staff Interviews
SE 25
Parental
consent
Documentation submitted by the
district demonstrated that a
notice plus Parent Notice of
Procedural Safeguards is sent
within two weeks to a parent’s
written request to revoke
consent to special education
services.
Staff interviews verified that
when a parent revokes consent
for special education, the district
provides the parent notification
that all special education
services will be discontinued.
Additionally, documentation
and 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.
The district’s notice outlines
several consequences of the
revocation, including that the
Please revise the district’s
revocation of consent procedures
for notifying parents or where
applicable, students who have
attained the age of majority,
removing the requirement to
register for a new general
education seat once special
education services have been
revoked.
Please provide training to the IEP
Team chairpersons regarding the
revocation process as it pertains
to students who have attained the
age of majority and are
responsible for their own
decision-making. Please be sure
to include any other personnel
responsible for oversight of the
requirements of the revocation of
special education process.
Following the completion of the
district’s corrective actions,
please select a sample of records
for those students who have
elected to revoke consent for
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 8 of 27
Please provide a
copy of the
revised
procedures for the
revocation of
special education
services.
Please provide
evidence of
training provided
to IEP Team
chairpersons,
including the
signed attendance
sheet indicating
staff name and
role, the agenda,
and training
materials.
This progress
report is due
September 28,
2012
Please submit the
results of the
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about
Criterion
student will no longer be
afforded the disciplinary
safeguards and due process
rights of a special education
student, and that the parent must
promptly re-enroll the student at
a Parent Information Center for
a general education seat.
None of the documentation
addresses the revocation of
special education services by
students who have attained the
age of majority.
In addition, BDEA is a Horace
Mann charter school where
students must apply for entrance
through a lottery. Interviews
with the BDEA school staff
indicated that the charter school
does not in practice require
students to register for a seat in
another school within the
district because special
education services have been
revoked. Students are allowed to
continue as the general
education students in BDEA.
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
receiving special education
services to ensure the district
obtained the student’s revocation
in writing and maintained the
decision in the student record.
Please ensure the sample of
records is selected from events
that occurred after the district
completed its corrective action
activities.
*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
review; b) Date of the review;
c) Name of person(s) who
conducted the review, their
roles(s), and their signature(s).
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 9 of 27
(b) Progress
Report Due
Date(s) and
Required
Elements
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 plan to
remedy the noncompliance.
Please submit
these results by
November 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
Given the requirement in the
revocation notice as described
above, e.g., that the parent or
student would have to
immediately register for a new
general education seat, the
district and charter school
should revise its notification to
remove the language regarding
this requirement.
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 10 of 27
(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
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination
about Criterion
SE 2
Required and
Optional
Assessments
PI
Student
Record
Review
A review of student records
indicated that the required
observations of students in
the classroom for students
identified with a Specific
Learning Disability (SLD)
was not always completed
and kept in the student
record
Please see SE 3 below.
Please see SE 3
below.
SE 3
Special
requirements for
determination of
specific learning
disability
PI
Student
Record
Review
A review of student records
indicated that the required
observations of students in
the classroom for students
identified with a Specific
Learning Disability (SLD)
was not always completed
and kept in the student
record.
Please conduct the observation
and develop the appropriate SLD
documentation for individual
students identified by the
Department in the Student Record
Issues Worksheet and re-convene
the IEP Team to review the
results of the observation and
develop the SLD documentation
for each student.
Provide copies of
the Notice of the
School District
Proposal to Act, and
a Meeting Invitation
for each individual
student identified by
the Department in
the Student Record
Issues Worksheet to
document that IEP
Teams reconvened
to develop and
review the SLD
Criterion
Criterion
Implemented

Staff
Interviews
Additionally,
documentation for students
identified as SLD was not
present in student files.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Please conduct training for
BDEA’s IEP Team chairpersons
to review the Department's
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 11 of 27
(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
technical assistance regarding the
eligibility requirements for
students suspected of having a
specific learning disability (SLD).
The Department’s technical
assistance can be found at:
http://www.doe.mass.edu/sped/iep
/sld/default.html.
Please develop an internal
tracking and monitoring system to
ensure that the IEP Team
completes the components
required to document the Team's
written determination of a specific
learning disability and to ensure
that all of the forms are placed in
student files. Please identify
personnel responsible for
supervisory oversight and
periodic reviews of this
requirement.
Conduct an internal review of
BDEA student records for those
students evaluated for a SLD
subsequent to the school’s
implementation of all corrective
actions, to ensure that SLD
documentation was appropriately
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 12 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
documentation.
Please provide
evidence of the IEP
Team chairperson
training including
the agenda,
attendance sheet
with name and role
of staff and training
materials.
Please submit a
description of the
district’s internal
tracking and
monitoring system.
Please be sure to
include personnel
responsible for
supervisory
oversight. This
progress report is
due on September
28, 2012
Please submit a
narrative description
of the results of the
internal monitoring
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
developed during the IEP Team
meeting and included in the
student record.
*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 review; b)
Date of the review; c) Name of
person(s) who conducted the
review, their roles(s), and their
signature(s).
SE 5
Participation in
MCAS

Student
Record
Review
Document
Review
Staff
Interviews
Student record review
verified that for students
who have not yet taken or
passed the MCAS, IEP
Teams designate in the
student’s IEP how each
student will participate
during testing.
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 13 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
conducted. Please
include the numbers
of records reviewed
and the number of
records found to be
in compliance.
Should additional
noncompliance be
identified, please
provide the school's
analysis of the cause
of the continued
noncompliance and
the specific actions
taken to address the
noncompliance.
Please submit these
results by
November 30,
2012.
Criterion
SE 6
Transition
planning
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination
about Criterion
PI
Student
Record
Review
According to a review of
student records, all
transition plans were either
blank or partially
completed; these documents
did not reflect annual
consideration of the
students’ transition planning
needs.
Staff
Interviews
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Please complete the blank
and/or incomplete transition
plans for individual students
identified by the Department in
the Student Record Issues
Worksheet.
Please ensure that IEP Team
chairpersons are trained in the
appropriate development and
completion of the transition
planning form. Please use the
following DESE technical
advisory as a guide to developing
professional development on
transition planning:
http://www.doe.mass.edu/sped/ad
visories/09_1ta.html
Please develop an internal
monitoring system that includes
tracking the completion of
transition plans and the periodic
review of student records for the
completeness of the transition
plans. Please identify person(s)
responsible for this internal
monitoring by name and title.
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 14 of 27
(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
for each individual
student identified by
the Department as
evidence that IEP
Teams reconvened
to consider the
incomplete
transition plans and
whether a new or
amended IEP was
necessary. This
progress report is
due by September
28, 2012.
Please provide
evidence of training
provided to IEP
Team chairpersons,
including the signed
attendance sheet
indicating staff
name and role, the
agenda, and training
materials.
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
Following the completion of all
corrective actions, conduct an
internal review of student records
at BDEA to ensure that all
students’ transition plans are
appropriately completed. Please
ensure that the sample of selected
records examine transition
planning activities that occurred
after the district completed its
corrective action activities.
*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 review; b)
Date of the review; c) Name of
person(s) who conducted the
review, their roles(s), and their
signature(s).
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 15 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
Please provide a
description of the
internal periodic
review and tracking
system for quality
and completeness
of transition plans
and indicate the
person(s)
responsible for it by
September 28,
2012.
Please submit the
report of the results
of the internal
review of records.
Please include the
number of records
reviewed and the
number of student
records in
compliance. For all
records not in
compliance, please
determine the root
causes(s) of the
noncompliance and
submit the district’s
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.
This progress report
is due November
30, 2012.
SE 9
Timeline for
determination of
eligibility and
provision of
documentation
to parent
PI
Student
Record
Review
Staff
Interviews
Student records
demonstrated that
evaluation timelines
exceeded 30 school days
from the date of receipt of
the signed consent form.
Please conduct a root cause
analysis of why evaluations are
not completed within the required
30 day timeline. Upon
identification of the cause(s),
please indicate the charter
school’s corrective actions to
address the issue of
noncompliance and the timelines
for implementation.
Please select a sample of student
records for evaluations conducted
subsequent to the district’s
implementation of all corrective
actions to ensure compliance with
the timelines.
*Please note that when
conducting internal monitoring
the district must maintain the
following documentation and
make it available to the
Department upon request: a)
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 16 of 27
Please provide the
results of the
district’s root cause
analysis, including
the corrective
actions and the
associated timelines.
This progress report
is due on
September 28,
2012.
Please submit a
narrative description
of the results of the
internal monitoring
conducted. Please
include the numbers
of records reviewed
and the number of
records found to be
in compliance.
Criterion
SE 13
Progress Reports
and content
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
PI
Method(s) of
Investigation
Student
Record
Review
Basis of Determination
about Criterion
A review of student records
indicated that progress
reports were not always in
the records. Therefore, it is
not clear whether progress
reports are consistently
generated and given to
students and/or parents with
the same frequency as grade
reports.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
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).
Should additional
noncompliance be
identified, please
conduct a root cause
analysis and the
subsequent
corrective actions
taken to address the
identified concerns.
Please submit these
results by
November 30,
2012.
Please conduct an analysis of the
internal tracking system used by
BDEA to ensure that progress
reports are issued with the same
frequency as grade reports and
that the copies of the progress
reports are placed in the student
record. In doing so, please
identify the root cause of the
noncompliance identified in the
student records and identify to the
Department the adjustments to the
internal tracking system or district
procedures.
Please provide a
description of the
analysis conducted
of the internal
tracking system,
include the results
of BDEA’s analysis
and the adjustments
and/or revisions
made to the
procedures for
completing and
tracking progress
reports.
Please conduct training for
Please provide
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 17 of 27
(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
BDEA IEP Team chairpersons
and special education staff on any
adjustments or revisions made to
the internal tracking system or
procedures to ensure that progress
reporting is generated and that
copies are included in the student
record.
Following the completion of all
corrective actions, please conduct
an internal review of student
records at BDEA to ensure that
progress reports are issued with
the same frequency as grade
reports and copies are placed in
student records. Student records
should be sampled following a
semester or term grade report and
after all corrective actions have
been implemented.
*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 review; b)
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 18 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
evidence of training
provided to IEP
Team chairpersons
and other
appropriate staff,
including the signed
attendance sheet
indicating staff
name and role, the
agenda, and training
materials.
This progress report
is due September
28, 2012.
Please submit the
report of the results
of the internal
review of records.
Please include the
number of records
reviewed and the
number of student
records in
compliance. For any
records not in
compliance, please
determine the root
causes(s) of the
Criterion
SE 14
Review and
revision of IEPs
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
PI
Method(s) of
Investigation
Student
Record
Review
Staff
Interviews
Basis of Determination
about Criterion
A review of student records
indicated that BDEA does
not consistently convene
annual IEP Team meetings
on or before the anniversary
date of the IEP to review,
revise or develop a new IEP
or refer the student for a
reevaluation, as appropriate.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Date of the review; c) Name of
person(s) who conducted the
review, their roles(s), and their
signature(s).
noncompliance and
submit the district’s
plan to remedy the
noncompliance.
This progress report
is due November
30, 2012.
Please conduct a root cause
Please provide the
results of the
district’s root cause
analysis, including
the corrective
actions and the
associated timelines.
analysis of annual reviews
conducted from October 2011 –
February 2012 to determine why
BDEA IEP Teams do not
consistently convene on or before
the anniversary date of the IEP.
Please identify the root cause of
the noncompliance found in the
student records to the Department
and the district’s corrective
actions taken in response to the
identified cause(s) of
noncompliance.
Following the completion of all
corrective actions, please conduct
an internal review of student
records to ensure that the IEP
Team has convened on or before
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 19 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
This progress report
is due September
28, 2012.
Please submit the
report of the results
of the internal
review of records.
Please include the
number of records
reviewed and the
number of student
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 annual anniversary date of the
IEP to conduct the annual review.
The student record sample should
be drawn from those students who
had annual reviews conducted
after all corrective actions were
implemented.
*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 review; b)
Date of the review; c) Name of
person(s) who conducted the
review, their roles(s), and their
signature(s).
SE 17
Initiation of
services at age
three and EI
transitions
SE 18B
Not
Applicable
(b) Progress
Report Due Date(s)
and Required
Elements
records in
compliance. For all
records not in
compliance, please
determine the root
causes(s) of the
noncompliance and
submit the district’s
plan to remedy the
noncompliance.
This progress report
is due November
30, 2012.
This criterion is not
applicable to Boston Day
and Evening Academy, as
BDEA is a Horace Mann
charter school for high
school students.
PI
Student
According to a review of
Please obtain signatures on the
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 20 of 27
Please provide
Criterion
Determination of
placement
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
Record
Review
student records, the district
does not consistently obtain
a signature from the student
or parent on the IEP
placement page (PL1).
placement page for individual
students identified by the
Department in the Student Record
Issues Worksheet.
Staff
Interviews
Please conduct a root cause
analysis for IEPs developed
between October 2011 – February
2012 to determine why parental or
student signature on the IEP
placement page are consistently
missing. In doing so, please
identify the root cause of the
noncompliance identified in the
student records and the district’s
corrective actions taken in
response to the identified cause(s)
of noncompliance.
Following the completion of all
corrective actions, please conduct
an internal review of student
records to ensure that all BDEA
IEPs have parent/student
signatures on both the IEP and the
placement page.
The student record sample should
be drawn from those students who
had IEPs developed after all
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 21 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
copies of the signed
placement pages for
the students
identified by the
Department.
Please provide the
results of the charter
school’s root cause
analysis, including
the corrective
actions and the
associated timelines.
All of the above
progress report
elements are due
September 28,
2012.
Please submit the
report of the results
of the internal
review of records.
Please include the
number of records
reviewed and the
number of student
records in
compliance. For all
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
corrective actions were
implemented.
*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 review; b)
Date of the review; c) Name of
person(s) who conducted the
review, their roles(s), and their
signature(s).
SE 20
Least restrictive
program selected
PI
Student
Record
Review
Staff
Interviews
The student records review
determined that in cases
where the student is
partially included, the Nonparticipation Justification
statements of the IEP do not
answer why the student’s
removal was considered
critical to the student´s
program or provide the
basis for the conclusion that
Please ensure that IEP Team
chairpersons are trained in the
appropriate development of Nonparticipation Justification
statements that answer why the
students’ removal was considered
critical to the student´s program.
Please develop an internal
periodic review and tracking
system for appropriateness of
(b) Progress
Report Due Date(s)
and Required
Elements
records not in
compliance, please
determine the root
causes(s) of the
noncompliance and
submit the charter
school’s plan to
remedy the
noncompliance.
This progress report
is due November
30, 2012.
Please provide
evidence of training
provided to IEP
Team chairpersons,
including the signed
attendance sheet
indicating staff
name and role, the
agenda, and training
materials.
Please describe the
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 22 of 27
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination
about Criterion
education of the student in a
less restrictive environment
was not possible.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Non-participation Justification
statements and identify the
person(s) responsible by name
and title for this internal
monitoring.
Following the completion of all
corrective actions, conduct an
internal review of student records
to ensure that Non-participation
Justification statements answer
why the students’ removal was
considered critical to the student´s
program for those students
removed from the general setting
for special education services.
Please ensure that the sample of
selected records includes IEPs
developed after the charter school
completed its corrective action
activities.
*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
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 23 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
system of internal
monitoring and
periodic review and
identify the staff
responsible for the
oversight.
This progress report
is due by
September 28,
2012.
Please submit the
report of the results
of the internal
review of records.
Please include the
number of records
reviewed and the
number of student
records in
compliance. For all
records not in
compliance, please
determine the root
causes(s) of the
noncompliance and
submit the charter
school’s plan to
remedy the
noncompliance.
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
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).
SE 21
School day and
school year
requirements

SE 22
IEP
implementation
and availability

Student
Records
Interviews
Student
Record
Review
Staff
Interviews
According to student
records and interviews, IEP
Teams routinely consider
whether a student requires
an extended day or extended
school year.
According to student
records and staff
interviews, when a service
is delayed because of lack
of classroom space or
personnel, the school has a
procedure to immediately
notify parents of the delayed
services, the reasons for the
delay, actions that the
school is taking to remedy
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 24 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
This progress report
is due November
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
the delayed services, and
offers alternative means to
meet the goals on the IEP.
SE 24
Notice to parent
PI
Student
Record
Review
Staff
Interviews
According to the student
record review, Notices of
Proposed School District
Action forms (N1)
accompanying consent to
evaluate forms and
proposed IEPs were
frequently not complete or
missing from the student
record.
In cases where the student
attained the age of majority
and assumed educational
decision-making, there was
no evidence that parents
continued to receive notice
of the district activities.
Please ensure that IEP Team
chairpersons are trained in the
appropriate development of
Notices of Proposed School
District Action forms and of the
requirement to send notice,
translated as needed, to parents of
students who have assumed
educational decision-making
when the district has proposed an
evaluation or IEP.
Please develop an internal
periodic review and tracking
system for ensuring the provision
of notices to the parent and
identify person(s) responsible by
name and title for this internal
monitoring.
Following the completion of all
corrective actions, conduct an
internal review of student records
to ensure that notices are provided
whenever the district proposes or
refuses to take action regarding
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 25 of 27
Please provide
evidence of training
provided to IEP
Team chairpersons,
including the signed
attendance sheet
indicating staff
name and role, the
agenda, and training
materials.
Provide a
description of the
internal periodic
review and tracking
system and indicate
the person(s)
responsible for it by
September 28,
2012.
Please submit the
report of the results
of the internal
review of records.
Please include 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
the provision of special education
services. Please ensure that the
sample of selected records
examine activities that occurred
after the district completed its
corrective action activities.
*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 review; b)
Date of the review; c) Name of
person(s) who conducted the
review, their roles(s), and their
signature(s).
SE 29
Communications
in English and
other languages
SE 48
FAPE and equal
PI

Staff
Interviews
There was no evidence that
notices were translated for
limited English speaking
parents of students who had
assumed educational
decision-making.
Student
Records
According to student
records, documentation and
Student
Record
Review
Please see SE 24.
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 26 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
number of records
reviewed and the
number of student
records in
compliance. For all
records not in
compliance, please
determine the root
causes(s) of the
noncompliance and
submit the district’s
plan to remedy the
noncompliance.
This progress report
is due November
30, 2012.
Please see SE 24.
Criterion
access
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination
about Criterion
Review
staff interviews, special
education students attending
BDEA have access to all
educational, nonacademic,
extracurricular, and
ancillary programming, as
well as participation in
regular education.
Document
Review
Staff
Interviews
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Boston Day and Evening Academy Coordinated Program Review Mid-cycle Report
May 10, 2012
Page 27 of 27
(b) Progress
Report Due Date(s)
and Required
Elements
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REVIEW
BOSTON DAY AND EVENING ACADEMY
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