Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 18, 2008 Mr. Scott McCue, Head of School Boston Preparatory Charter Public School 1286 Hyde Park Avenue Hyde Park, MA 02136 Re: Boston Preparatory Charter Public School Mid-cycle Report Dear Mr. McCue: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report. This report contains findings based on onsite monitoring the Department conducted to determine the effectiveness of corrective action it approved or ordered to address noncompliance identified in your district’s last Coordinated Program Review Report, dated April 18, 2006. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004. We are pleased to tell you that the Department of Elementary and Secondary Education has found the Corrective Action Plan implemented by your school to have been effective in substantially remedying the previously identified noncompliance in Special Education. The Department has also found your school to have implemented special education compliance criteria that were created or substantially changed in response to IDEA 2004, as well as SE 33 on the access of students with disabilities to the district’s general curriculum (the curriculum expected to be taught to all students). The findings of the Department are included in the enclosed report. You and your entire staff are to be congratulated for your success in implementing new special education requirements as well as maintaining compliance in areas where the Department found noncompliance during the 2005 Coordinated Program Review (CPR). Please note: There are six criteria with new issues requiring corrective action, as 1 indicated in the attached report, with timelines for implementation. The onsite team would like to commend the following practice that was brought to its attention and that the team believes have a significant positive impact on the education of students enrolled in the Boston Preparatory Charter Public School. This practice is as follows: The charter school has implemented co-taught inclusion classes for students. Staff members use this model flexibly to meet the needs of students with and without disabilities. For example, the two teachers within a class may switch between the roles from teaching to supporting students. One teacher may take a small group out of the class for review or extension work, or the class might be split into two equal sized groups with a variety of skill levels for smaller group direct instruction. Additionally, the special education teacher or speech language therapist makes any necessary accommodations or modifications necessary to ensure access to the general curriculum. These teams meet at least weekly to co-plan lessons and develop materials. Approximately 17 co-taught classes are taught each day at BPCPS. The Department will notify you of your district's next regularly scheduled CPR several months before it is to occur. At this time, we anticipate that this CPR will occur sometime during the 2010-2011 school year unless the Department determines that there is some reason to schedule this visit earlier. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented immediately. (In the case of new findings of noncompliance, this corrective action must be corrected as soon as possible, but in no case later than a year from the date of this report.) You will find these requirements for corrective action included in the enclosed report, along with requirements for progress reporting. Please provide the Department with your written assurance that your district, within the timelines specified in the report, will implement all of the Department’s requirements for corrective action. You must submit your statement of assurance to me by August 4, 2008. 2 Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 781-338-3741. Sincerely, Jane L. Ewing, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Justin Funches, Chairperson, Boston Preparatory Charter Public School Board of Trustees Michaela Crowley, Program Review Follow-up Coordinator Encl.: Mid-cycle Report 3 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT BOSTON PREPARATORY CHARTER PUBLIC SCHOOL Date of Coordinated Program Review (CPR) Final Report: April 18, 2006 Date Coordinated Program Review Corrective Action Approved: October 20, 2006 Dates of Corrective Action Plan Progress Reports: December 14, 2006; April 12, 2007; June 21, 2007 Dates of this Mid-cycle Review Onsite Visit: June 5-6, 2008 Date of this Report: July 18, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Document review, interviews, student records All students with disabilities take the MCAS. The school has not yet used an alternate assessment but staff members have experience developing an MCAS-ALT Portfolio. SE 5 Participation in general State and districtwide assessment programs Implemented Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 1 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance MCAS accommodations are tailored to each student’s needs to maximize student performance. Student instructional accommodations appropriately mirror MCAS accommodations. SE 9A Elements of the eligibility determination Implemented Document review, interviews, student records Boston Preparatory Charter Public School (BPCPS) uses a private assessment and consultation service company to provide evaluations for students. Extended evaluations are used if any questions about the students’ needs remain. If a BPCPS Team determines that a student is no longer eligible for special education, a 504 plan is developed, if appropriate. Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 2 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification SE 11 Independent educational evaluation Partially Implemented Document review, interviews, student records Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New Issue Identified The school’s IEE policy appropriately describes parents’ rights to independent evaluations when parents disagree with an evaluation administered by the school, including provisions for funding and possible evaluators. However, BPCPS’ policy does not include parents’ rights to an IEE when the parent is requesting an evaluation in an area not assessed by the school district and the district’s options for responding to such requests. Revise BPCPS’ independent educational evaluation policy to include that a parent may request an evaluation in an area not assessed by the school and that parents may request a publicly funded IEE under 603 CMR 28.04(5)(c) for sixteen (16) months from the date of the evaluation with which the parent disagrees. Additionally, BPCPS’ policy does not state that parents may request a publicly funded IEE under 603 CMR 28.04(5)(c) for sixteen (16) months from the date of the evaluation with which the parent Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 3 of 16 Provide the revised policy and evidence that the policy has been reviewed with key school personnel responsible for its implementation to the Department by September 20, 2008. Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance disagrees. SE 19 Extended Evaluations Implemented Document review, interviews, student records BPCPS’ IEP Teams appropriately use extended evaluations. Student records demonstrated that extended evaluations did not go beyond 8 weeks; Teams develop a partial IEP when appropriate; and IEP Teams reconvene promptly upon completion of the extended evaluation. SE 20 Least Restrictive Placement Implemented Document review, interviews, student records The school has developed teaching practices to address student needs and strives to include students in general education programs. BPCPS provides extensive professional development and training on inclusion practices for all staff. SE 22 IEP implementation Implemented Interviews, student records At the beginning of each school year, the school ensures an IEP is in effect for Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 4 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified The school does not consistently issue a Notice of School District Refusal to Act (N2) when a finding of no eligibility is made. Please provide staff training regarding the circumstances for the use of N2 forms (Refusals to Act) to parents or guardians. Please provide the Department with the date of the training, the names of the staff in attendance and the name of the trainer by September 20, 2008. each eligible student. and availability BPCPS makes every effort to obtain each incoming student’s prior IEP, convene a meeting with parents immediately, and adapt it for BPCPS. When a related service provider has missed services, the school promptly notifies the parent and plans compensatory services. SE 24 Notice to parent Document review, interviews, student records Please conduct a selfmonitoring of student records where the Team has refused to Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 5 of 16 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting act in some context, whether denying eligibility or refusal to provide a service, for the issuance of an N2 form post training. Provide an analysis of the results of the review, including the number of records with N2 notifications, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by December 12, 2008. SE 25A Notice to BSEA Implemented Document review, interviews, student records The school notifies the BSEA within timelines upon receipt of a rejected or partially rejected IEP. SE 29 Language of Communication to Parents Implemented Document review, interviews, student records Student records demonstrated that the school translates all documents if needed for a parent with limited English proficiency. Additionally, the school’s private evaluation company Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 6 of 16 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance has the capability to assess students who speak languages other than English. BPCPS provides interpreters at meetings if required by parents. SE 32 Special Education Parent Advisory Council Implemented Document review, interviews, student records The school has an active Parent Advisory Council. BPCPS submitted its Basic Rights Workshop flier (provided by the Federation for Children with Special Needs); copies of the slide presentation; and a copy of the SPED PAC’s bylaws. SE34 Continuum of Services and Placements Implemented Document review, interviews, student records The school has a continuum of services and placements to meet the current needs of its population. SE 35 Assistive Technology Implemented Document review, interviews, student records BPCPS IEP Teams consider assistive technology for each student. SE 56 Implemented Document BPCPS conducts annual Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 7 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective review, interviews, student records evaluations of its special education programming. Parents are surveyed regarding several program elements, including the quality of related services and their perception of the co-teaching model. Coteachers are surveyed on the success of their working relationship and efficacy of service provided. Teachers are asked to self-evaluate and provide feedback on their knowledge of special education practices, implementation of student accommodations, and usefulness of the school’s pre-referral process. Students are surveyed on their use of school services. Evaluation of Programs & Services Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance The school uses student achievement data, including MCAS item analysis and student retention and exit trends to evaluate its programs and services. Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 8 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting The results are shared with the Board of Trustees and other stakeholders within the school community. Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 3 Special requirements for determination of specific learning disability Implemented Interviews, student records Student records and staff interviews demonstrated that when a student suspected of having a specific learning disability is evaluated, the Team creates a written determination as to whether or not he or she has a specific learning disability. All members of the Team sign the document, or if there is disagreement as to the determination, one or more Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 9 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Partially Implemented The school developed a policy that staff would not Please revise Boston Preparatory Charter Public Team members document their disagreement. SE 6 ##1 - 3 Determination of Transition Services Implemented Student records, interviews With the addition of its 9th grade, BPCPS has developed appropriate transition plans for students on IEPs who are 14 and older. SE 8 IEP Team composition and attendance Implemented Student records, interviews BPCPS has a 99% parent attendance rate at their IEP Team meetings. Teaching staff attend IEP meetings, as do related service providers. The school has developed a Team member excusal form. SE 12 Frequency of re-evaluation Implemented Student records, interviews BPCPS re-evaluates students every three years as required by law. In circumstances where the student records do not indicate a student’s eligibility date, the school will re-assess the student. In some instances, when students are re-evaluated and found not eligible for special education services, the school develops a 504 Plan. SE 13 Progress Student records, Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 10 of 16 Criterion Number and Topic Reports and content Criterion Implemented Method(s) of Verification interviews, document review Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting write a progress report if the student’s IEP meeting had been held 6 weeks or less before the date of the progress reports, as the parents had recently been informed of the student’s progress. School’s policy and procedures to conform to state special education regulations, e.g., that written progress reports for eligible students shall be submitted to parents at least as often as report cards or progress reports for students without disabilities, in accordance with the school’s schedule of report cards. Provide the revised policy and evidence that the revised procedure has been reviewed with key school personnel responsible for its implementation to the Department by September 20, 2008. Please review a random selection of 15 records across the school’s grade levels for evidence that written progress reports for eligible students are submitted to parents at least as often as report cards or progress reports for students without disabilities, in accordance with the school’s schedule of report cards between the months of Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 11 of 16 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting September and December 2008. Provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by December 12, 2008. SE 14 Review and revision of IEPs Implemented Student records, interviews The school reviews all IEPs at least annually. Additionally, the school uses the amendment process appropriately to change a student’s IEP between annual reviews if warranted. SE 25B Resolution of disputes Implemented Document review The school has not had any situations requiring a resolution, but BPCPS has procedures that reiterate the requirements under 34 CFR 300.510. SE 33 Involvement in the General Implemented Interviews, document review All students with disabilities are involved in the general curriculum to the fullest extent Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 12 of 16 Criterion Number and Topic Curriculum SE 46 Procedures for suspension of students with disabilities more than 10 days Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Partially Implemented See remarks under CR 10A. See remarks under CR 10A. possible and are provided with extensive, individualized support to promote student success. In addition to special education services, every student in the school has access to homework support, Saturday support, and content mastery support. Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 13 of 16 Criteria from Other Regulated Programs Monitored During this Mid-cycle Review Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification ELE 11 Equal Access to Academic Programs & Services Implemented Staff interviews, documents CR 26A Confidentiality and student records Partially Implemented Student records Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Special education staff members have cut and pasted text that contains student names for letters to different families. Please develop a method or system to ensure that student names will not appear in the text of another student’s documents. Provide a description of the system and its implementation plan to the Department by September 20, 2008. All students have equal access to academic programs and services, including support services, advanced work opportunities, and extracurricular activities. New issue identified Please review a random selection of at least 15 records across the school’s grade levels for evidence that the school’s method or system to ensure student confidentiality is successful. Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 14 of 16 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by December 12, 2008. CR 10A Student handbooks and codes of conduct Partially Implemented Document review New Issue Identified The charter school’s student code of conduct contains only a statement that a copy of the procedural rights and protections of a student with disabilities may be obtained from the Dean of Support Services, instead of the following: Please revise the school’s code of conduct/student handbook to include the procedures assuring due process in disciplinary proceedings and appropriate procedures for the discipline of students with special needs and students with Section 504 Accommodation Plans for the 2008-2009 school year. a) Procedures assuring due process in disciplinary proceedings b) Appropriate procedures for the discipline of students with special needs and students with Provide a copy of the text that the school will add to the handbook and evidence that these procedures have been reviewed with key personnel responsible for their implementation to the Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 15 of 16 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Section 504 Accommodation Plans. Department by September 20, 2008. Boston Preparatory Charter Public School Coordinated Program Review Mid-cycle Report July 18, 2008 Page 16 of 16