The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 April 15, 2005 John Avery Superintendent of Schools Bristol-Plymouth Regional Technical School 940 County Street Taunton, MA 02780 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Avery: Enclosed is the Department's Coordinated Program Review Follow-up Monitoring Report together with findings regarding your district’s Coordinated Program Review Mid-cycle Review. This report contains the Department's findings based on the onsite activities conducted in your school district to verify the implementation status and effectiveness of corrective steps taken in response to your Coordinated Program Review Report issued on June 18, 2002. While the Department of Education found certain noncompliance issues to be resolved, others were partially corrected, not addressed at all and/or new issues were identified by the Department’s onsite team. As the Department previously informed you, in cases where a district fails to fully and effectively implement a Corrective Action Plan, which was proposed by your district and approved by the Department, the Department must then prepare a Corrective Action Plan for the district, which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report together with any steps that must be taken by the district to fully implement new special education requirements. Please provide the Department with your written assurance that the Department's requirements for corrective action will be implemented by your school district within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by May 2, 2005. Your staff's cooperation throughout these Follow-up Monitoring activities is appreciated. Should you require additional clarification of information included in our report, please do not hesitate to contact the Onsite Team Chairperson at 781-338-3714. Sincerely, Nancy Hicks, Coordinated Program Review Follow-up Chairperson Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Louis Borges, Jr., School Committee Chairperson Cynthia Brogan, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Bristol-Plymouth Regional Technical School ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on September 26, 2002 Progress Reports Submitted on January 10, 2003 and December 23, 2003 Onsite Visit Conducted on January 24 and 25, 2005 Date of this Report April 15, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special requirements for determination of specific learning disabilities Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Record review, documentat ion, interview The record review indicated that there was no certification of the Team’s conclusion that a student has a specific learning disability. There was no documentation indicating that the special require- Not before June 15, 2005, the Department of Education will conduct a record review to determine that the special requirements for determination of a specific learning disability are being met. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance ments under this standard were being met. 2 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Partial Partial Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of courses of study related to needed transition) SE 13 Progress Reports and content Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Record review, interviews Documentation, record review, interview The vision statement in the IEPs reviewed consistently reflects the student’s goals and plans for the future. Interviews indicated that the district makes 688 referrals when needed and that the district would invite a representative of an adult agency if warranted. The review of the documentation indicated that the district has developed a form for IEP progress reports that has all required elements. 3 Partial Partial The record review indicates that page three of the IEPs did not include age considerations when they would be expected. Transition elements noted under Additional Information were sometimes boilerplate statements that were not consistent with the requirements for the student’s age. Not before June 15, 2005, the Department of Education will conduct a record review to determine that transition elements are correctly documented on the IEP. There were no progress reports on annual IEP goals in student records examined and interviews indicated that they are issued only one time a year while report cards are issued quarterly. The district could not always document that progress reports issued included written information on the student’s progress toward Not before June 15, 2005, the Department of Education will conduct a record review to determine that progress reports are issued as often as report cards and that they contain a narrative describing the progress on the IEP goal and information as to whether the progress is sufficient to enable the student to achieve the goal by the end of the school year. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance annual goals in the IEP, including information on the extent to which progress is sufficient to enable the child to achieve the goals by the end of the year. 4 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified SE 18A IEP development and content Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The record review indicated that evaluation data did not always guide the development of annual goals and objectives. Some IEP goals appeared to be based on the curriculum of the academic class not on the special education needs of the individual student. Not before June 15, 2005, the Department of Education will conduct a record review to determine that IEP goals are individual and based on the needs of the student. IEPs will be reviewed to ensure that all parts are completed and that there was someone present at the Team meeting with the authority to commit the resources of the district. SE 15 Outreach by the School District (Child Find) Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation, record review, interview The district uses standardized testing and summer orientation programs to identify students who may need supplementary supports or an evaluation for services. If a student is about to leave school without a diploma, they are informed of their right to request an evaluation for special education. Record review Not all elements of the IEP were always completed. Information was not always included regarding the student schedule, state and district wide assessments, 5 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance and special considerations on page 3 of the IEP. There was not always a person with the authority to commit the resources of the district at the Team meeting. 6 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified SE 20 Least restrictive program selected SE 22 IEP implementation and availability (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Record review SE 18B Determination of placement; immediate provision of IEP to parent Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Partial Record review and interviews The district consistently selects the least restrictive program for their students. Record review and interviews The district meets with eighth grade students who will be attending the school the following year to ensure that an IEP is in place and that services are provided without delay. Each teacher is provided with information regarding the accommodations and modifications on the student’s IEP. The information distributed to teachers does not include IEP 7 Partial Because a copy of the N1 was not in the student record, the district was unable to document that the IEP was provided within 3-5 days of the Team meeting. Not before June 15, 2005, the Department of Education will conduct a record review to determine that N1s are issued with the IEP and that the IEP is issued immediately following the Team meeting. When the student receives services outside of the regular class, it is not always stated on the IEP why the removal is critical to the student’s program. Not before June 15, 2005, the Department of Education will conduct a record review to determine that the Nonparticipation Justification is completed when required. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified delivery where there is a lack of space and/or personnel)) goals and objectives, although, interviews indicated that they would have access to the student’s IEP. 8 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified SE 28 Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents' rights SE 29 Communications are in English and primary language of home SE 32 Parent advisory Partial Documentation, record review, interview Interviews and record review indicated that most Team meetings had a parent present. Partial Record review Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Some student records contained a consent form to hold a Team meeting without a parent. However, there was no documentation of the attempts to facilitate the parents’ participation and no documentation of other methods used to ensure parent participation. The record review indicated that a copy of the N1 issued with the IEP was not kept in the student record. It could not be determined if the parent was provided with notice of procedural safeguards and parents’ rights. Not before June 15, 2005, the Department of Education will conduct a record review to determine that when a Team meeting is held without a parent, efforts made to encourage parental participation are documented under Additional Information on the IEP. SE 26 Parent participation in meetings (Emphasis on district’s attempts to ensure parent participation at IEP Team meetings) Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Interviews and documentation Interviews indicated that the district provides notices in the language of the home when needed. Interviews and The district has an active PAC and conducts in cooperation with 9 Not before June 15, 2005, the Department of Education will conduct a record review to determine that IEPs are being issued with the N1 form thus documenting that the parent received notification of their rights. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) council for special education SE 50 Responsibilities of the School Principal and Administrator of Special Education SE 54 Professional development regarding special education SE 56 Special education programs and services are evaluated Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The district did not provide documentation of regular evaluations of special education program, services and administrative requirements. By June 15, 2005, provide a plan for evaluating the special education program, services and administration. documenttation Documentations and interviews the PAC at least one workshop annually on the rights of students and their parents under state and federal special education laws. Documentation indicated that the district has a curriculum accommodation plan and that the staff has received information this school year regarding the plan. Interviews indicated that there is open communication and coordination between the principal and the administrator of special education. The district has offered training in the topics identified in this criterion as required by applicable law and regulation. Partial Comments Regarding Corrective Action Plan Implementation Documentation Documentation indicated that statewide assessment results are considered to measure the success of the programs. Other 10 Partial Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Requirements SE 24 Parental notice FAPE SE 25 Parental Consent SE 27 Content of Team Meeting notice The consent to evaluate contained the required elements. Partial Record review and interview The district obtains parental consent when required. Partial Record review and interview Record review SE 40 Class Size Partial Interviews and documentation Partial Partial Parents are requested to sign consent for placement. The Team meeting notice contained all required elements although it was not always clear that it was issued with the meeting attendance form. Most substantially separate special education classes meet requirements regarding class size. 11 Partial The records reviewed did not contain a copy of the N1 form required to be issued with the consent to evaluate. See SE 26 regarding documentation of attempts to involve parents in Team meeting. Interviews and documentation indicated that there are two classes that presently have 13 students with one certified special education teacher and one aide. The Administrator did not notify the Department of the increase in the Not before June 15, 2005, the Department of Education will conduct a record review to determine that the consent to evaluate is issued with the N1 page 1and 2. See SE 26 Not before June 15, 2005, submit documentation of the notification to parents and DOE of the increase in class size. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting instructional group size and the reason for the increase. Interviews indicated that parents have been informed of the increase. The district has employees who have received in-depth training regarding physical restraints and new teachers receive training upon hire. MOA 17 A Physical Restraints Partial Partial Not all staff members received annual training regarding physical restraints during the first month of the school year. By October 5, 2005 provide the agenda of the meeting when all staff members received training on the use of restraint consistent with regulations. Although the parent consented to an educational assessment, the records did not contain the required assessment by a representative of the school district, which would include a history of the student’s educational progress in the general curriculum and an assessment by a teacher(s) Not before June 15, 2005, the Department of Education will conduct a record review to determine that educational assessments are completed. Additional Issues Identified SE 2 Required and Optional Assessments Record review and interviews Records contained assessments in areas related to the student’s disability. Partial Partial 12 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Record review SE 46 Discipline Partial SE 5 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 30 Parents Rights Notice Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Record reviews and interviews Records and interviews indicate that the district monitors the suspensions of students with disabilities and follows the required procedures when a student with disabilities is suspended for more than 10 days. Record review Partial State and Districtwide Assessments 13 of the student’s specific abilities. Because the N1 form was not in the students’ records reviewed, the district was unable to document that parents are receiving notice of their rights as required. Interviews indicate that the district does not count inschool suspensions. Although records indicate that a meeting to determine if a behavior was a manifestation of a student’s disability was conducted, the determination of the Team was not included in the student record. The record review indicates that IEPs did not always contain information regarding the student’s participation in state and district-wide assessments. Accommodations for the Not before June 15, 2005, the Department of Education will conduct a record review to confirm that there is documentation that the notice of parents’ rights has been issued. Not before June 15, 2005, the Department of Education will examine the documentation of student suspensions to ensure that in school suspensions are included. Not before June 15, 2005, the Department of Education will conduct a record review to determine if information regarding state and district wide assessments are included in the IEP and that accommodations Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemen-ted or Additional Issues Identified Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 7 Age of Majority Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Record review 14 statewide testing were not always consistent with the accommodations included on a student’s IEP. Information provided to parents regarding the Age of Majority decision did not contain all options. The discussion was not always documented on the IEP under Additional Information and the determination to share or delegate responsibility was not always documented as required. for state and district wide assessments are consistent with those provided routinely. Not before June 15, 2005, the Department of Education will conduct a record review to determine that the Age of Majority discussion is correctly documented on the IEP and that the decision if contained in the student record. 15