The Commonwealth of Massachusetts Department of Education

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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
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