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 June 7, 2013 John Jerome, Superintendent Brockton Public Schools 43 Crescent Street Brockton, MA 02301 Re: Mid-cycle Report Dear Superintendent Jerome: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in December 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 that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by June 21, 2013. 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 Coretta McCarter at 781338-3733. Sincerely, Coretta McCarter, 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 Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Linda M. Balzotti, School Committee Chairperson Kay Seale, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Brockton Public School District Dates of the Mid-cycle Review Onsite: December 17 & 18, 2012 Date of this Report: June 7, 2013 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 SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation One year prior to the student reaching age 18, the district informs the student and parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday. Notice is provided to both the student and the parent/guardian and explicitly states that all rights accorded to parents under special education law will transfer to the 18 year old student. Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 1 of 16 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Records Interviews SE 8 IEP Team composition and attendance Basis of Determination about Criterion Upon reaching the age of majority, students are signing their IEPs. Not all required Team members are consistently present at the IEP Team meeting, including the student’s general education teacher (if the student is involved in a general education program) and the parent. When a required member of the Team does not attend the IEP Team meeting, the district is not following appropriate procedures to excuse the required Team member that include: The district and the parent agree, in writing, that the attendance of the Team member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or The district and the parent agree, in writing, to excuse a required Team member’s participation and the If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Review Team meeting composition from a sample of IEP Teams that have convened in the 2012-2013 school year and analyze the information to establish the root cause(s) for the non-compliance. Based on this root cause analysis, indicate the specific corrective actions that will be taken to remedy the non-compliance. Develop an internal oversight and tracking system for ensuring the following: 1) The required Team members attend the IEP Team meeting; 2) Appropriate excusal procedures are followed if a required Team member is unable to attend the IEP Team meeting; and 3) There is written documentation of efforts made to have parents participate in the Team Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 2 of 16 (b) Progress Report Due Date(s) and Required Elements Submit the results of the root cause analysis with specific proposals for remedying the non-compliance and proposed timelines for corrective actions. Submit a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Please submit the above information by September 13, 2013. Please submit the Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion excused member provides written input into the development of the IEP to the parent and IEP Team prior to the meeting. When the parents are unable to attend the Team meeting, the district does not consistently use alternative means, such as video conference or a conference call, to ensure parent participation. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements meeting, including through the use of alternative means. The tracking system should include supervisory oversight and periodic reviews by the Special Education Director to ensure ongoing compliance. results of the second review of records and include the following: Number of records reviewed; Number of records in compliance; Results of the root cause analysis of any records not in compliance; Specific corrective actions taken by the district to remedy any noncompliance. Please submit the above information by December 5, 2013. Select a sample of student records from a cross-section of schools and levels in which Team meetings were held since implementation of all of the district’s corrective actions. Develop a report of the results of an internal review for evidence of compliance with IEP Team composition and attendance, excusal procedures, and documentation of efforts for parent participation. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 3 of 16 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Records Interviews SE 18A IEP Development and content Basis of Determination about Criterion For students identified with a disability on the autism spectrum and for those students whose disability affects social skills development or whose disability makes them vulnerable to bullying, harassment, or teasing, the IEP Team is not consistently considering and addressing the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). For those students whose records were identified by the Department, the district must reconvene the IEP Teams to consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. Please see Technical Assistance Advisory SPED 2011-2: Bullying Prevention and Intervention for assistance and guidance on meeting this requirement: http://www.doe.mass.edu/sped/ advisories/11_2ta.html Provide the IEP Team chairpersons with training on the requirements for addressing bullying prevention and intervention in the IEP. Develop an internal oversight and tracking system to ensure Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 4 of 16 (b) Progress Report Due Date(s) and Required Elements For those student records identified by the Department, submit a copy of the IEP and the Special Education Team Meeting Attendance Sheet (N3A) to indicate that the IEP Teams have reconvened. Submit evidence of the IEP Team chairperson training and include the agenda, materials and signed attendance sheet with the name and role of staff. 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 that IEP Teams consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment and teasing. The tracking system should include supervisory oversight and periodic reviews to ensure compliance. Develop a report of the results of an internal review of records to ensure that IEP Teams that have convened after all corrective actions have been implemented are addressing the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing in the IEP. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 5 of 16 (b) Progress Report Due Date(s) and Required Elements Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by September 13, 2013. Submit the results of the review of records and include the following: The number of records reviewed; The number of records in compliance; For any records not in compliance, determine the root cause; and 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 review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). PI Student Records Interviews SE 25 Parental consent When a parent revokes consent, in writing, to special education services, the district provides written notice to the parent of its proposal to discontinue services based on the revocation of consent as well as information on how the parent can obtain a copy of his/her rights to procedural safeguards. The district provides notice within a reasonable time before it intends to discontinue services. Staff members are aware that they may not use mediation or request a due process hearing to obtain agreement or a ruling for continuation of services. Develop procedures for obtaining parental consent prior to conducting an evaluation. The procedures must include seeking consent from the parents to conduct specific assessments listed on the Evaluation Consent Form (N1A). Train IEP Team chairpersons on these new procedures. Develop an internal oversight and tracking system to ensure that the district is including specific assessments on the N1A when seeking parental consent. The tracking system should include supervisory oversight and periodic reviews Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 6 of 16 (b) Progress Report Due Date(s) and Required Elements The specific corrective actions taken to remedy the noncompliance. Please submit the above information by December 5, 2013. Submit a copy of the procedures and evidence of training, including the agenda, materials and signed attendance sheet with the name and role of staff. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Although the district consistently obtains parental consent before an evaluation, the district does not provide the parent with sufficient information as to the proposed evaluations to meet the requirement of this criterion that it be informed parental consent. Specifically, the district lists the same broad evaluations for all students by requesting parental consent for cognitive and achievement assessments. Once the district obtains parental consent for evaluations, the district then determines which specific assessments, such as behavioral, speech, and related services, to conduct. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation to ensure compliance. Develop a report of the results of an internal review of student records in which assessments were completed since implementation of all of the district’s corrective actions for evidence of appropriate completion of the N1A form. Please note when conducting internal monitoring, the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 7 of 16 (b) Progress Report Due Date(s) and Required Elements person by September 13, 2013. Submit the results of the review of records and include the following: The number of records reviewed; The number of records in compliance; For any records not in compliance, determine the root cause; and The specific corrective actions taken to remedy the noncompliance. Please submit the above information by 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 December 5, 2013. Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 3 Special requirements for determination of specific learning disability Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation 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. The Team uses the most current required SLD form (28M/10), which is signed by all members of the Team. If there is disagreement as to the determination, one or more Team members document their disagreement. Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 8 of 16 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 4 Reports of assessment results SE 6 Determination of transition services SE 9A Elements of the eligibility determination; general education accommodations and services for ineligible students Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews Student Records Interviews Student Records Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Reports of assessment results define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting those needs. The district is completing the Transition Planning Forms annually, documenting discussions and updating information as appropriate. Specifically, the action plan section of the form is consistently completed and transition plans are updated when students graduate from middle school. When a Team determines that a student is not eligible for special education but may be eligible for accommodation(s) for disability(ies) under Section 504, the Team appropriately refers the student for consideration under that regular education program. Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 9 of 16 (b) Progress Report Due Date(s) and Required Elements Criterion SE 13 Progress Reports and content Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Records Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Progress reports at all school levels do not consistently include written information on the student's progress towards the annual goals in the IEP. In addition, some progress reports were not completed for all IEP goals. Provide training to special education staff responsible for completing progress reports on writing progress reports that address the student’s progress towards the annual IEP goals and on completing progress reports for all goal areas. Develop an internal oversight and tracking system for ensuring that progress reports are written consistently and contain information on the student’s progress towards the annual goal. The oversight and tracking system should include periodic reviews by the Director of Special Education to ensure ongoing compliance. Develop a report of the results of an internal review of student records, in which progress reports were written subsequent to implementation of all corrective actions, to ensure appropriate completion and inclusion in the student record. Please note when conducting internal monitoring, the district must maintain the following Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 10 of 16 (b) Progress Report Due Date(s) and Required Elements Submit the training information, including the agenda and sign-in sheet. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by September 13, 2013. Submit the results of the review of student records and include the following: The number of records reviewed; The number Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 20 Least restrictive program selected PI Student Records Interviews The Non-Participation Justification statement does not consistently state why the removal of a special education student from the general education classroom is considered critical to the student’s program. Students are sometimes removed from the general education classroom Review a sample of 15 student records across all school levels in which an IEP was written in the 2012-2013 school year and analyze the information to establish the root cause(s) for the non-compliance. Based on this root cause analysis, indicate the specific corrective actions that will be taken to remedy the non-compliance. Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 11 of 16 (b) Progress Report Due Date(s) and Required Elements of records in compliance; For any records not in compliance, determine the root cause; and The specific corrective actions taken to remedy the noncompliance. Please submit the above information by December 5, 2013. Submit the description of the root cause analysis with the results, as well as specific proposal(s) for remedying the non-compliance and associated Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion solely because of needed modification to the curriculum. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation timelines. Develop an internal oversight and tracking system for ensuring that the least restrictive environment is appropriately addressed and written justification meets the requirements of this criterion. The oversight and tracking system should include periodic reviews of IEPs by the Director of Special Education to ensure ongoing compliance. Develop a report of the results of an internal review of a sample of 15 student records across all school levels, in which IEPs have been written since implementation of all of the district’s corrective actions, for evidence of compliance with ensuring the least restrictive environment and appropriately completed Non-participation Justification statements. Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 12 of 16 (b) Progress Report Due Date(s) and Required Elements Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by September 13, 2013. Please submit the results of the second review of student records and include the following: The number of records reviewed; The number of records in compliance; For any 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 records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 29 Communications are in English and primary language of home Student Records Interviews The district is providing oral and written translations to parents whose primary language is not English. Of the students whose records were reviewed, there were translations for Team Meeting Invitations (N3); the Notice of Proposed School District Action (N1); IEPs; progress reports; evaluation reports; consent to evaluate forms (N1A); and documentation of interpreter Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 13 of 16 (b) Progress Report Due Date(s) and Required Elements records not in compliance, determine the root cause; and The specific corrective actions taken to remedy the noncompliance. Please submit the above information by December 5, 2013. Criterion SE 40 Instructional grouping requirements for students aged five and older SE 41 Age span requirements Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Document Review Interviews PI Document Review Basis of Determination about Criterion attendance at Team meetings. Interpreter assistance was also noted in the student record. The special education instructional groupings meet the requirements for this criterion. Specifically, the groupings for students served in substantially separate settings for more than 60% of the student’s school schedule do not exceed the instructional group size requirements. There are several classes at Brockton High School, one at Joseph F. Plouffe Academy and one at Ashfield Middle School where the ages of the youngest and oldest students in the special education instructional groupings differ by more than 48 months and the district has not submitted a written request for approval to serve a wider age range to the Commissioner. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation When the district identifies instructional groupings where the age span exceeds 48 months, it must either restructure the instructional groupings so that the groupings are in compliance with regulatory requirements or submit a written waiver request immediately to the Commissioner regarding those classes. Develop an internal oversight and tracking system to ensure that special education instructional groupings do not exceed the regulatory requirements. The tracking system should include supervisory oversight and periodic Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 14 of 16 (b) Progress Report Due Date(s) and Required Elements Submit a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight by September 13, 2013. Submit a report of the results of the review of class rosters and include: The number Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation reviews to ensure compliance. Develop a report of the results of an internal review of special education instructional groupings at Brockton High School, Joseph F. Plouffe Academy and Ashfield Middle School for the 2013-2014 school year to ensure compliance with age span requirements. SE 55 Special education facilities and classrooms Observations Interviews Observations of classrooms at Joseph F. Plouffe Academy indicated that substantially separate classes are in appropriate locations and are inclusive to the life of the Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 15 of 16 (b) Progress Report Due Date(s) and Required Elements of classes reviewed; The number in compliance; For any classes not in compliance, determine the root cause; and The specific corrective actions taken by the district to remedy the noncompliance. Please submit the above information by September 13, 2013. 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 school. Specifically, substantially separate programs for emotional and behavioral disabilities are now located among other academic classes. Brockton Public School District Coordinated Program Review Mid-cycle Report June 7, 2013 Page 16 of 16 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Brockton Public School District 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