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 October19, 2005 William H. Lupini, Ed.D., Superintendent Brookline Public Schools 333 Washington Street Brookline, MA 02445 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Lupini: 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 10, 2002 . The Department will notify you of your district's next regularly scheduled Coordinated Program Review several months before it is to occur. At this time we anticipate the Department's next routine monitoring visit to occur sometime during the 2008/2009 SY, unless the Department determines that there is some reason to schedule this visit earlier. 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 November 7, 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 781-338-3733. Sincerely, Nathan Lemmon, 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 Kevin Lang, School Committee Chairperson Nancy Lane, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Brookline Public Schools ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on July 24, 2002 Progress Reports Submitted on October 27, 2004 Onsite Visit Conducted on May 16, - 17, 2005 Date of this Report October 19, 2005 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 Implemented 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 Special Education Requirements SE 1 Assessments Appropriately Selected Partial Implementation Documentation, Student Records, Interviews Student records indicate that most assessments completed in the district are appropriately selected and interpreted Partial The on-site team found examples of students who were identified as being Limited English Proficient and also Develop a policy to ensure that there is current assessment information regarding a student’s English language proficiency available prior to 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 Implemented 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 eligible for Special Education services. There was no documentation to indicate that the student was assessed in their native language or that an alternate means of assessment was used. the determination of the type(s) of assessment to be administered and in what language for special education evaluations. Please ensure that the Special Education Director specifically identifies those persons with the responsibility for selecting the appropriate assessments to determine language dominance. Please include: 1) Copy of the district’s new policy; 2) Names and/or titles of the person(s) responsible for determining language dominance; 3) Dates of training; 4) Attendance sheets; 5) Materials used at the training and submit to the Department by November 30, 2005. for students referred for evaluation. 2 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 Implemented 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 Also submit the results of a review of all LEP students identified as needing special education evaluations during the 2005/2006 SY and document to the Department: 1) The total number of LEP students referred for special education evaluation; 2) The number of files where language dominance was considered and documented prior to special education evaluation; 3) The person(s) responsible for establishing language dominance prior to special education evaluation; 4) The steps taken by the district if it is found that language 3 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 Implemented 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 dominance has not been considered or not appropriately documented by July 1, 2006. SE 3 Special requirements for determination of specific learning disabilities Implemented Documentation, Student Records, Interviews The district is following the appropriate criteria for determining if a child has a learning disability and documents the Teams’ decision in writing. 4 Please note that the district will need to update and revise its procedures for Specific Learning Disability determinations consistent with the IDEA 2004 regulations when promulgated. 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 Implemented 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 Students and staff interviews indicate that in some cases, IEP Teams are incomplete because a person with authority to commit the resources of the district The Special Education Administrator will need to develop a system of oversight to ensure that no Team meeting proceeds without a person with the authority to commit district resources. Please document 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) Implemented Documentation, Student Records, Interviews Interviews indicate that the district continues to provide transition services for students 14 years old and up, taking into account the student’s future goals, post-secondary education, vocational training, integrated employment, continuing and adult education, adult services, independent living, or community participation. SE 8 Evaluation Team Composition Partial Implementation Documentation, Student Records, Interviews Interviews and student records indicate that the district does have a policy for assigning each evaluation team with the appropriate members as defined by 5 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 Implemented 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 law and regulation. is not always present. 6 with the department that a memo has been sent to all Special Education teachers, principals and TEAM Chairpersons on the above requirement. Please track all TEAM meeting notices and attendance sheets for each building for the first two months of the 2005 – 2006 school y4ear and report the results to the Department by building by January 6, 2006. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 9 Eligibility Determination SE 13 Progress Reports and content 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 Implemented 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 Student records and interviews indicate that in some cases, eligibility determination meetings are not offered to parents/guardians fortyfive school working days after receipt of the parent’s written consent to an initial evaluation, unscheduled evaluation, or re-evaluation. Please submit the results by January 8, 2006, of a review of all eligibility determinations made throughout the district for the first half of the 2004/2005 SY and report to the Department the rate of compliance in meeting the timelines as set forth in 34 CFR 300.534. Also, please submit a narrative of any additional steps taken if noncompliance continues to remain evident and the person(s) responsible for addressing the problem. Partial Documentation, Student Records, Interviews Student records and interviews indicate that in most cases, the district does meet the required timeline for making eligibility determinations within forty-five days. Implemented Documentation, Student Records, Interviews Student records indicate that the district provides parents with progress reports on students’ progress toward reaching the goals set in the IEP at least as often as parents are informed 7 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 Implemented or Additional Issues Identified of the progress on nondisabled students. 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) SE 15 Outreach by the School District (Child Find) SE 17 Initiation of 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 Implemented 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 has not provided specific information to meet the requirements of this criterion. Specifically, the newspaper clipping does not identify which publication it was placed in. The copies of letters to pediatricians, preschool directors and Early Intervention staff are generic and do not identify where they were sent. Provide a list of all professionals, private nursery schools, day care facilities, group homes parent organizations, clinical/health care facilities, early intervention programs, other public/private/parochial schools to include: (1) Names; (2) Addresses; (3) Dates; (4) Copies of actual materials (letters) sent to the various addresses To the Department of Education by November 30, 2005. Partial Implementation Documentation, Student Records, Interviews The district has provided copies of a notice from a local newspaper alerting the community to an upcoming Preschool Screening for children between the ages of 2.6 to 4.5 years of age on March 22, 2005. The district has also provided copies of a letter addressed to pediatricians, preschool directors and Early Intervention staff with information about the process for referral to the Public Schools of Brookline. Implemented Documentation, Student Records, Interviews, and student records indicate that the 9 Partial Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) services at age three and Early Intervention transition procedures 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 Implemented or Additional Issues Identified Interviews district initiates services for eligible children before the child turns two-and-one-half years of age in order to ensure the development and implementation of an IEP for eligible children by the date of the child’s third birthday. 10 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) SE 18A IEP development and content Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Partially Implemented Corrective Action Plan Determined to be Not Fully Implemented 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 Documentation, Student Records, Interviews See requirements SE 8 SE 18B Determination of placement; immediate provision of IEP to parent Implemented Documentation, Student Records, Interviews Interviews, documentation and student records indicate that the district provides the completed IEP to the parent/guardian immediately following the development of the plan and the placement selected by the Team is the least restrictive environment consistent with the needs of the student. SE 22 IEP implementation and availability Implemented Documentation, Student Records, Interviews Student records, staff interviews and district documentation indicate that IEP plans are 11 See requirements for SE 8. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service delivery where there is a lack of space and/or personnel)) 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 Implemented or Additional Issues Identified implemented in the district without delay following a Team meeting and/or at the start of the school year. When instances do occur where the district is unable to implement a student IEP plan in part or in whole, the district immediately informs parents in writing of any delayed services, reasons for delay and actions that the school district is taking to address issues to ensure the implementation of the goals and objectives on the accepted IEP. 12 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) SE 26 Parent participation in meetings (Emphasis on district’s attempts to ensure parent participation at IEP Team meetings) SE 28 Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents' rights 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 Implemented 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 Interviews indicate that staff members in the district responsible preparing and ensuring the delivery of IEP proposals to parents/guardians following Team meetings are not aware of John Stager’s July 2002 memo to New Bedford Public Schools Please provide training for all Brookline Team Chairpersons by November 30, 2005 on the requirements for providing IEP proposals within 3 school working days or 5 calendar days of the Team meeting and as explained in John Stager’s July 2002 letter to New Bedford Public Schools at http://www.doe.mass.edu/pqa/ news02/0725let.html. Implemented Documentation, Student Records, Interviews Student records, documentation (Appendix III) and interviews with staff indicate that the district ensures a high degree of parent participation at Team meetings through multiple attempts at invitation using a variety of methods. Partial Implementation Documentation, Student Records, Interviews Interviews and student records indicate that in many cases, the district does provide the IEP immediately following the development of the IEP and without undue delay. 13 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 Implemented 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 or of the Massachusetts requirements for issuing an Individualized Education Program immediately following a Team meeting. Also complete a review of all Team meetings in the district for compliance with the timelines defined in the above referenced letter during the first half of the 2005/2006 SY. The results should include the number of IEPs issued, the number that meet the “immediately” standard and a narrative description of any additional steps taken by the district if substantial noncompliance is still evident. Please report to the Department the results by January 8, 2006. 14 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 29 Communications are in English and primary language of home Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Partial Corrective Action Plan Determined to be Not Fully Implemented 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 has not provided documentation of translated notices with reference to Special Education requirements. Please provide to the Department copies of translated notices (N1, N1A, N2, N3, N3A): 1) Three from elementary; 2) Three from middle school; 3) Three from the High School level by November 30, 2005. Also conduct a review of all students receiving special education services in the district for the requirement to translate documents and report to the Department of Education by July 1, 2006 the results to include: 1) Number of files checked; 2) Initials of all students with parents needing translated documents, notice etc.; Documentation, Student Records, Interviews Student records and interviews with staff indicate that the district provides communications in the primary language of the home as appropriate and when needed for but not necessarily for Special Education Services. 15 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 Implemented 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 3) Rate of compliance with requirements; 4) Any additional steps taken by the district to address noncompliance and; 5) Person(s) responsible for implementation of corrective action. 16 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 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 SE 32 Parent Advisory Council for Special Education Implemented Documentation, Student Records, Interviews Interviews indicate that the district has an established district-wide parent advisory council on special education that meets the requirements of the criterion. SE 36 IEP Implementation, Accountability Implemented Documentation, Student Records, Interviews Interviews indicate that the district ensures that Individualized Education Plans are implemented without delay upon parent request. Partial Implementation Documentation, Student Records, Interviews Interviews indicate that the district does have procedures in place for recording suspension. SE 44 Procedure for Recording Suspensions Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified 17 Partial The district has submitted a copy of an example from the John D. Runkle School of a computer printout. This printout shows a list of Submit a copy of the district’s procedures for initiating manifestation determinations and placing students into an IAES consistent with IDEA – 2004 procedures to the 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 Implemented 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 incidents by number, and gives the dates of the incidents and the dates where the record has been updated. The printout does demonstrate that the district has a method in place for organizing and accessing data on student discipline. The Department did not receive details as to the district’s procedures when initiating manifestation determinations and placing students into IAES (Interim Alternate Educational Settings) that were due at the Department on February 28, 2005 as part of the district’s Progress Reporting requirements. Department by November 30, 2005. 18 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 Implemented or Additional Issues Identified SE 49 Related Services Implemented Documentation, Student Records, Interviews Interviews and documentation provided to the Department indicates that the district provides related services including transportation and such developmental corrective, and other supportive services as are required to assist in providing benefit from special education or to access the general curriculum. SE 50 Responsibilities of the School Principal and Administrator of Special Education Implemented Documentation, Student Records, Interviews Interviews with district staff and documentation provided to the Department show that the Administrator of Special Education oversees the provision of appropriate 19 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 Implemented or Additional Issues Identified instructional support, Curriculum Accommodation Plan, Coordination with Special Education staff and educational services in the home or hospital. 20 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 Implemented or Additional Issues Identified SE 54 Professional development regarding special education Implemented Documentation, Student Records, Interviews The district has submitted documentation of professional development regarding special education that meets the requirements of training on an annual basis. SE 56 Special education programs and services are evaluated Implemented Documentation, Student Records, Interviews The district has submitted documentation of a system-wide selfevaluation of its special education programs in the district. Included in the self-evaluation are measures of success based on students’ local and statewide assessment results, drop out rates and graduation rates for special 21 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 Implemented or Additional Issues Identified education students. Other Requirements MOA 1 Identification of Limited English Proficient Students Implemented Documentation, Student Records, Interviews The district uses qualified staff and appropriate procedures and assessments to identify students who are limited-Englishproficient and assess their level of English proficiency. MOA 2 Program Modifications and Support Services for Limited English Proficient Students (LEP) Implemented Documentation, Student Records, Interviews Interviews and documents indicate that the district implements necessary program modifications and supports services to serve effectively limited-Englishproficient students who need special language 22 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 assistance. MOA 3 Access to a Full Range of Education Programs MOA 6 Reserved Availability of InSchool Programs for Pregnant Students Implemented Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Interviews and documentation indicate that the Brookline Public Schools provides access to a full range of education programs and the full range of occupational/vocational education programs for students from linguistic, racial, and ethnic minorities; males; females; homeless students; and students with disabilities as required under Title VI. Documentation, Student Records, Interviews Interviews indicate that the district permits pregnant students to remain in regular classes and participate in extracurricular activities throughout 23 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 Implemented 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 their pregnancy and does not require students to obtain the certification of a physician the student is physically and emotionally able to continue. MOA 7 Information to be Translated into Languages Other Than English MOA 13 Availability of Implemented Documentation, Student Records, Interviews The Brookline Public Schools provide parents and/or guardians who are speakers of languages other than English general announcements and notices of extracurricular activities and other opportunities. The notices are distributed to them in the primary language of the home. Partial Documentation, Student Records, The district submitted documentation of 24 Partial Although information contained in copies of Describe the process by which the Brookline Public Schools 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 Comments Regarding Corrective Action Plan Implementation Information and Counseling on Curricular and Voc/Occupational Programs MOA 16 Notice to Students Over 16 Leaving School Without a Diploma Method(s) of Verification Partial Corrective Action Plan Determined to be Not Fully Implemented 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 private placement agreements does confirm the availability of counseling for some outof-district students, the district did not submit a narrative as requested in the January 10, 2005 Progress Report Review or describe the process by which the Brookline Public Schools ensures students in the 7th and 8th grades are introduced to vocational and occupational opportunities outside the district. ensures students in the 7th and 8th grades are introduced to vocational and occupational opportunities outside the district. Include any materials that demonstrate that a process is in place, such as open-house fliers, district-produced brochures or guidance materials. Please submit this information to the Department by November 30, 2005. The district did not provide documentation requested in the January 10, 2005 Progress Report Review of a list of all students who received Provide to the Department a list of all the students who received notices during the 2004/2005 SY. Submit this information to the Department by November 30, 2005. Interviews private placement agreements with private special education schools from the 2004/2005 SY. Documentation, Student Records, Interviews Interviews indicate that the district does provide students 16 or over leaving school without a high school diploma, certificate of attainment, 25 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 Implemented 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 or certificate of completion with notice that the parent or guardian may meet with a representative of the district within ten days from the date the note was sent. MOA 17A Use of Physical Restraint Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Interviews indicate that the Brookline Public Schools has developed and implemented staff training at least annually on the use of restraint consistent with 26 notices during the 2003/2004 school year to the Department. Also, conduct a review of all students who were over the age of 16 and were also absent for 15 consecutive days during the first half of the 2005/2006 SY and report the district’s level of compliance with the requirements for notice and report the results to the Department by November 30, 2005. Please also include a narrative describing any additional steps taken by the district to correct noncompliance found during the review. 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 Implemented or Additional Issues Identified regulatory requirements. MOA 21 Staff Training Regarding Civil Rights Responsibilities Implemented Documentation, Student Records, Interviews Staff interviews indicate that the district does provide training to all school personnel, at least annually, regarding civil rights responsibilities and conducts Civil Rights training with staff hired after the start of the school year within one month of hire. MOA 24 Curriculum Review Implemented Documentation, Student Records, Interviews Interviews with staff indicate that the district has mechanisms in place at the building level to ensure a review of materials and curriculum for any evidence of simplistic and demeaning 27 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 Implemented or Additional Issues Identified generalizations, lacking intellectual merit, on the basis of race, color, sex, religion, national origin and sexual orientation. ELE 1 Annual Assessment Implemented Documentation, Student Records, Interviews Documentation, interviews and student records indicate that the Brookline Schools meets the requirements for assessing all limited English proficient students on an annual basis. ELE 2 MCAS Implemented Documentation, Student Records, Interviews Student Records indicate that LEP students participate in the annual administration of the MCAS as required. Bilingual dictionaries are made available for 28 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 Implemented or Additional Issues Identified current and former LEP students to use on MCAS testing. ELE 3 Initial Identification Implemented Documentation, Student Records, Interviews Student records and district documentation indicate that Brookline Public Schools requires all parent/guardians of newly enrolled students to complete a Home Language Survey. If two or more responses are in a language other than English, the student is referred for assessment of English proficiency. ELE 4 Waiver Procedures Implemented Documentation, Student Records, Interviews Documentation and interviews indicate that Brookline does inform parents/guardians of LEP students of their 29 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 rights to a waiver and provided to the Department documentation of waiver request forms in Chinese, Hebrew, Japanese, Korean, Russian, Spanish, and English. ELE 5 Program Placement and Structure Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Interviews, documentation and student records indicate that the Brookline Public Schools offers a language support system designed and implemented to assure that English language learners receive effective English language and content instruction at appropriate levels. Content and curriculum 30 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 of structured English immersion classrooms are appropriate to the age(s) and grade(s) of the students in the class. Instruction is appropriate to the level of the student’s level of English proficiency. ELE 6 Program Exit and Readiness Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Interviews and student records indicate that the district only designates students as Formerly Limited English Proficient when they have been deemed English proficient and can participate meaningfully in all aspects of the district’s general education program without the use of adapted or simplified English materials. 31 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 Implemented or Additional Issues Identified ELE 7 Parent Involvement Implemented Documentation, Student Records, Interviews Documentation and interviews with district staff indicate that Brookline Public Schools provides multiple opportunities and a variety of methods for parentteacher communication. ELE 8 Declining Entry Into a Program Implemented Documentation, Student Records, Interviews The district has provided a statement that no students in the district have “optedout” of English Language Education programs or supports and the district is ready to provide support services through classroom teachers or literacy specialists. The district has stated that 32 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 the progress of all LEP students will be monitored and reported regardless of “opt-out” status. Finally the district has stated how it will document the parent’s declining entry into the programs and services offered by the district. ELE 9 Instructional Grouping Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Interviews and documentation indicate the district only groups students of different ages together in instructional settings if their levels of English proficiency are similar and LEP students receive effective content instruction at appropriate academic levels based on the 33 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 Massachusetts curriculum frameworks. ELE 10 Parental Notification Implemented ELE 11 Equal Access to Academic Programs and Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Documentation, Student Records, Interviews The district has provided the Department with sample notices in English, Chinese, Hebrew, Japanese, Korean, Russian and Spanish that meet the requirements for notice. The district provides report cards and progress reports in the same manner and with the same frequency as general education reporting. Interviews and documentation provided by the district indicate that the Brookline 34 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 Public Schools does not segregate LEP students from their Englishspeaking peers, except when necessary to implement an English learner education program. Language objectives are based on the standards contained in the Massachusetts English Language Proficiency Benchmarks and Outcomes for English Language Learners. Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Services ELE 12 Equal Access to Nonacademic and Extracurricular Programs Comments Regarding Corrective Action Plan Implementation Documentation, Student Records, Interviews Documentation provided to the Department (specifically Brookline High School Poetry Fest Highlights), and interviews indicate that students in the 35 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 Brookline Public Schools are given equal access to the Nonacademic and Extracurricular Programs in the district. ELE 13 Follow-Up Support Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Student records, documentation provided by the district and interviews indicate that the district monitors students who have exited an English learner education program for two years and provides language support services to those students, if needed. Brookline also offers programs to older students who are not fully proficient in English and/or who will benefit from job 36 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 Implemented or Additional Issues Identified training. ELE 14 Licensure and Fluency Requirements Implemented Documentation, Student Records, Interviews Documentation and interviews indicate that all teachers working in Brookline are fluent and literate in English. Documentation of the ELE Director’s license in ESL PreK-12 was included in documentation provided to the Department. ELE 15 Professional Development Requirements Implemented Documentation, Student Records, Interviews The district has provided documentation that describes high quality professional development plan to include training in: (1) Second language learning and teaching; (2) Sheltering content instruction; 37 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 Implemented or Additional Issues Identified (3) Assessment of speaking and listening; (4) Teaching reading and writing to limited English proficient students. ELE 16 Equitable Facilities Implemented Documentation, Student Records, Interviews Interviews indicate that the district ensures that LEP students are provided facilities, materials and services comparable to those provided to the overall student population. ELE 17 DOE Data Submission Requirements and Program Evaluation Implemented Documentation, Student Records, Interviews Documentation (specifically the district’s Title III English Language Acquisition and Academic Achievement Program for Limited English Proficient Students grant), and 38 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 Student Information Management System (SIMS) data indicate that the Brookline Public Schools reports to the Department of Education on an annual basis and conducts periodic evaluation of the effectiveness of its ELE program. ELE 18 Records of LEP Students Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation, Student Records, Interviews Student Records provided to the Department show that the district maintains records of English language learners that are maintained in a confidential fashion and are available to parents upon request. Records contain all of the required elements and contain Student Success 39 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 Implemented 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 Survey results were requested for the September 30, 2004 Progress Report submission and then again on the January 10, 2005 Progress Report Review that called for a February 28, 2005 submission to the Department. Please submit the results and data analysis of the needs assessment/Title 1 survey for all results received during the 2004/2005 school year for the Department’s review. Due by January 8, 2006. plans when needed. TI 24 - TAS Partial Documentation In the October 27, 2004 submission, the district provided a copy of their Title 1 Evaluation and Needs Assessment Survey, describing the type of data they are using (e.g., Likertscaled responses, program ranking, and open-ended comments). The survey had a “return by” date of June 14, 2004, which indicates a timeline. 40 Partial