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
October 13, 2005
Sean O’Neil, Director
Cape Cod Lighthouse Charter School
225 Route 6A
Bayberry Square
Orleans, MA 02653
Re:
REVISED Onsite Follow-up Monitoring Report: Coordinated Program Review
Corrective Action Plan Verification and Special Education Mid-cycle Review
Dear Mr. O’Neil:
Enclosed is the Department's Revised 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 April 24, 2002.
While the Department of Education found certain noncompliance issues to be resolved, others
were partially corrected, and the Department’s onsite team identified new issues.
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
October 31, 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 781-338-3755.
Sincerely,
Michelle Griffin, 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
Richard Hersey, Chair, Board of Trustees
Encl.: Follow-up Monitoring Report
2
MASSACHUSETTS DEPARTMENT OF EDUCATION
COORDINATED PROGRAM REVIEW
CAPE COD LIGHTHOUSE CHARTER SCHOOL
REVISED ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION
AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION
Action Plan Submitted on May 30, 2002
Progress Reports Submitted on December 2, 2002
Onsite Visit Conducted on February 28 and March 1, 2005
Date of this Report October 13, 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
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Interviews
The charter school submitted
a copy of its procedures for
determination of specific
Partially
implemented
The school’s
documentation
submission included a
Please ensure that all special
education and regular
education staff are informed of
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
determination
of specific
learning
disabilities
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
copy of a form entitled
“Multi-disciplinary
Evaluation Report for
Students Suspected of
Having a Learning
Disability.” The form is
for the most part
consistent with the
regulatory requirements
for determination of a
specific learning
disability. There is a
question, # 4 on the sheet
that asks if student
requires “special
education and related
services” to correct the
discrepancy. This form
should say AND/OR,
since student can be
eligible for special
education in
Massachusetts if they
the state definition of “eligible
student”, as is outlined in 603
CMR 28.02(9). Please provide
the Department with
documentation of the district’s
effort in this regard. Please
provide this documentation by
December 31, 2005.

Student record
review
learning disabilities (SLD);
these procedures are
consistent with regulatory
requirements. Interviews
indicate that Teams
appropriately consider the
requirements listed in
regulation in making SLD
findings.
Student records contained
appropriate documentation of
Team certifications of SLD.
2
Statutory requirements for the
determination of specific
learning disabilities have been
revised under the recently
reauthorized IDEA 2004.
Therefore, until final
implementing regulations have
been adopted, the Department
is not making findings related
to school district practices
under Coordinated Program
Review Criterion SE 3, and the
Department will not require the
district to revise the SLD form
at this time.
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
Implemen-ted
Method(s) of
Verifica-tion
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

require related services in
order to access the general
curriculum. See 603
CMR 28.02(9).
3
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
Implemen-ted
Method(s) of
Verifica-tion
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

For districts seeking to resolve
a previous finding in this area,
the Department will extend the
date required for final actions
on the part of the school
district to June 2006 and will
consider resolution at any time
following promulgation of
final federal regulations."
Please respond by June 2006.
SE 6
Determination
of transition
services
(Emphasis on
practices in
determining
needed
transition
planning and
services and
consideration of
Partially
implemented
Documentation
Interviews
Student record
review
The charter school submitted
a written description of its
procedures, which are
consistent with the criterion.
Interviews and review of
student records indicate that
Teams do consider students’
courses of study in relation to
the student’s future goals and
document this in some
sections of the IEP.
4
Partially
implemented
See SE 18 A regarding
completion of page IEP 3.
See SE 18 A.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
courses of study
related to
needed
transition)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Students are invited at age 14
to Team meetings and are
encouraged to attend all or
part of the meetings.
5
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 13
Progress
Reports and
content
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Interviews
Student record
review
The charter school submitted
a copy of its procedures for
“12 month and annual
reviews and progress
reports.” The procedures
are consistent with the
requirements of regulations
concerning progress reports.
Student record review and
interviews indicate that
progress report information
is sent to parents at least as
often as parents are informed
of the progress of nondisabled students.
6
Partially
implemented
Student record review
indicates that progress
reports do not always
contain information on the
extent to which such
progress is sufficient to
enable the student to
achieve the goals by the
end of the IEP period.
The procedures for “12
month and annual reviews
and progress reports”
contain additional
information which
conflicts with
requirements of law and
regulation:
Please provide a memo to all
staff on the requirements for
the proper completion of
progress reports.
Please provide documentation
that this memo has been
distributed to all staff by
December 31, 2005.
Please provide copies of nine
randomly selected sets of
progress reports, three from
each grade. Please provide this
documentation by December
31, 2005.
Please revise all district
procedures concerning IEP
provision so that they are
consistent with the
“immediate” provision of the
law.
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

7
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
Implemen-ted
Method(s) of
Verifica-tion
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 Department’s
interpretation of the
“immediately”
provision of the
regulations at 603
CMR 28.05(7) is that
IEPs should be sent
within 3 calendar
days, or within 5
calendar days if a
weekend intervenes,
not 5 working days,
as set forth in
procedures. See
“Letter to New
Bedford,” at
http://www.doe.mass
.edu/pqa/news02/072
5let.html. See SE
18B.
The Department notes
8
Please provide training for all
staff responsible for issuing
IEPs on these changed
procedures.
Please provide copies of the
revised procedures, and
evidence of the means by
which the school has trained
appropriate staff, including
copies of any memoranda or
training materials, and
attendance sheets or a list of
staff that have been trained on
the new procedures. Please
provide all of this
documentation by December
31, 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
Implemen-ted
Method(s) of
Verifica-tion
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

that the school’s
procedures appear to have
been taken from a district
that serves pre-school
through grade 12. The
district might wish to
consider revising these
procedures to reflect the
middle school nature of
this charter school.
SE 15
Outreach by the
School Charter
school (Child
Find)
√
Documentation
Interviews
The charter school submitted a
copy of its handbook, which
contains information for parents
and students on student
services, including counseling,
special education, section 504
and the school’s child study
team (CST). The school also
submitted a description of the
pre-referral process and its prereferral flow chart, and blank
“grade level team” and “child
9
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

study team” worksheets. These
worksheets are used to
document specific areas of
concern, interventions
attempted prior to CST referral,
and CST goals and
interventions. Interviews
indicate that the school
implements CST efforts prior to
referrals for special education
evaluations, and, when a special
education evaluation becomes
appropriate, CST information is
shared with the special
education team.
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 17
Initiation of
services at age
three and Early
Intervention
transition
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

N/A
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

The school also submitted its
“Student Success Plan”
procedures. These
procedures contain specific
information about how each
student is considered for a
student success plan on an
individual basis in each
grade level. Interviews
indicate that grade level
teams, which meet weekly,
are also used to assist in
identifying students who may
need interventions, such as
student success plans, section
504 accommodations, or
special education.
Not applicable, as this
charter school serves only
grades six through eight.
11
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

procedures
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 18A
IEP
development
and content
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Student record review
indicates that the ADM 1
page of the IEP does not
always contain the
required student
identification or school
identification numbers.
Please provide training for all
staff responsible for holding
Team meetings and drafting
IEPs and amendments, on the
proper completion of the ADM
1 form and page IEP 3. Please
also ensure that this training
addresses the issue of the
proper PL1 form being used.
Please also ensure that staff is
familiar with new requirements
concerning revision of IEPs, as
found in IDEA 2004 section
614(d)(3)(D) and (f).

Documentation
Interviews
Student record
review
The charter school submitted
a job description for the team
chairperson, a list of all
persons who are authorized
to commit resources and a
copy of its procedures
concerning content of the
IEP. The procedures are
consistent with the
requirements of this
criterion.
Partially
implemented
IEP 3 is often left
completely blank, so it is
unclear whether Teams
have discussed these
considerations. In some
cases in which page IEP 3
was left blank, the
students had behavior
plans or were over age 14,
thus behavior and agespecific considerations
were relevant.
Student record review
indicates that sometimes,
13
Please provide documentation
that this training occurred,
including agenda, training
materials, and attendance
sheet, by December 31, 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
Implemen-ted
Method(s) of
Verifica-tion
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

IEP amendments are
created without convening
a Team meeting.
However, because of
recent changes in the
federal statute, which
permit the district and the
parent to agree to make
changes to a student’s
IEP, documented in
writing, without
convening a meeting of
the Team, the Department
will not require specific
corrective action in this
regard. See IDEA 2004,
Section 614(d)(3)(D) and
(F) (which provide that in
making changes to a
child's IEP after the
annual IEP meeting for a
school year, the parent
14
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
Implemen-ted
Method(s) of
Verifica-tion
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

of a child with a disability
and the local educational
agency may agree not to
convene an IEP meeting
for the purposes of
making such changes, and
instead may develop a
written document to
amend or modify the
child's current IEP, and
that Changes to the IEP
may be made either by the
entire IEP Team or, as
provided in subparagraph
(D), by amending the IEP
rather than by redrafting
the entire IEP. Upon
request, a parent shall be
provided with a revised
copy of the IEP with the
amendments
incorporated.)
15
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
Implemen-ted
Method(s) of
Verifica-tion
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

Student record review and
documentation submitted
with SE 32 indicates that
16
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 18B
Determination
of placement;
immediate
provision of
IEP to parent
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Interviews
Student record
review
The charter school submitted a
copy of its procedures for
“FAPE - placement outside of
regular education.” These
procedures restate the
requirements of this criterion.
In addition, the pre-referral
process and guiding questions
for inclusion/placement are also
noted in these procedures.
Partially
implemented
the school was not using
the most recent version of
the PL1 form.
As discussed above
regarding SE 13, part of
the school procedures for
“12 month and annual
reviews and progress
reports” conflicts with the
Department’s
interpretation of the
“immediately” provision
of the regulations at 603
CMR 28.05(7). See SE
13 above.
Please see SE 13 for corrective
action concerning the
“immediate” provision of the
law and regulations.
Please revise the “FAPE IEP –
Placement – Least Restrictive
Environment” procedures, and any
other procedures that mention “out
of school” or “out of district”
placement so that they are
consistent with 603 CMR
28.10(6). Please ensure that all
individuals who chair special
education Team meetings are
made aware of these changed
procedures, and are made aware of
the requirements of 603 CMR
28.10(6).
Please provide copies of all
17
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
Implemen-ted
Method(s) of
Verifica-tion
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

revised procedures by December
31, 2005.
18
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 20
Least restrictive
program
selected
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
The charter school also
submitted its procedures for
“FAPE IEP – Placement –
Least Restrictive
Environment.” These
procedures re-state parts of
this criterion, and mention
“out-of-school placement”
and procedures for this.
Again, it appears that the
school has adopted these
procedures from another
district. However, the
responsibility for out of
district placements, if
required, would revert back
to the student’s district of
residence. See 603 CMR
Please provide evidence that all
individuals who chair special
education Team meetings are
made aware of these changed
procedures, and are made
aware of the requirements of
603 CMR 28.10(6) (e.g.,
agenda, training materials and
attendance sheets
memorandum and list of those
with whom memorandum was
shared.)

Documentation
Interviews
The charter school submitted
its procedures for “FAPE
IEP – Placement – Least
Restrictive Environment.”
The charter school also
19
Partially
implemented
28.10(6).
The “FAPE IEP –
Placement – Least
Restrictive Environment”
procedures also mention
“out-of-school
placement” and
Please provide this
documentation by December
31, 2005.
See SE 18B.
Please revise the “FAPE –
Continuum of Placement
Options”
procedures so that they are
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
Implemen-ted
Method(s) of
Verifica-tion
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

submitted its procedures for
“FAPE – Continuum of
Placement Options.”
Interviews indicate that
regular and special education
staff are familiar with and
implement the least
restrictive environment
provisions of the law.
20
procedures. See SE 18 B
above.
consistent with current
regulations.
“FAPE – Continuum of
Placement Options”
procedures reference
“Chapter 5 of the 766
Regulations,” mention
prototypes, and discuss
Section 503 of the
regulation. These are all
references to former
regulations. The
procedures also reference
“collaborative
agreements.”
Please provide a copy of the
revised procedures by
December 31, 2005.
Please provide evidence that all
individuals who chair special
education Team meetings are
made aware of these changed
procedures, and are made aware of
the requirements of 603 CMR
28.10(6) (e.g., agenda, training
materials and attendance sheets
memorandum and list of those
with whom memorandum was
shared.) Please provide this
documentation by December 31,
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
Implemen-ted
Method(s) of
Verifica-tion
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

See SE 18B for additional
corrective action.
These procedures also
mention home hospital
procedures, which are
consistent with Department
advisories, but again,
mention “placed by our
school in a private setting.”
See SE 18B concerning the
requirements of 603 CMR
28.10(6).
SE 22
IEP
implementation
and availability
(Emphasis on
provision of
IEP services
without delay;
provision of the
IEP at the
beginning of the
Partially
implemented
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and Further
Progress Reporting
Documentation
Interviews
The charter school submitted
a copy of its procedures
entitled “FAPE – IEP –
Implementation of IEPs.”
The procedures re-state the
requirements of this
criterion, and contain other
procedures regarding IEP
implementation.
Interviews indicate that the
21
Partially
implemented
As noted, each IEP is
placed in a Team
notebook at each level, so
that the teachers on
students’ grade level
teams have access to the
full IEPs of the students
they serve. This raises
issues concerning
confidentiality and the
student record regulations,
Please provide the Department
with a plan for ensuring that
the IEP and related special
education information
pertaining to individual
students are shared only with
authorized school personnel, as
defined by 603 CMR 23.02.
Please provide this plan by
December 31, 2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
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
Implemen-ted
Method(s) of
Verifica-tion
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

school provides agreed upon
IEP services without delay,
and that services are never
delayed due to lack of
classroom space or
personnel. In addition, at the
beginning of each school
year, the school has an IEP in
place for each eligible
student.
22
as only “authorized school
personnel” should have
access to the IEPs of
individual students.
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation


During the summer, the
special education coordinator
prepares a summary of the
IEP for regular and special
education teachers
concerning each student’s
IEP, and then reviews these
summaries with the teachers
of each student.
In addition, each IEP is
placed in a Team notebook at
each level, so that the
teachers on students’ grade
level teams have access to
the full IEPs of the students
they serve.
SE 26
Parent
participation in
meetings
(Emphasis on
district’s
√
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified
Documentation
Interviews
Student record
review
The charter school submitted
the CIP data sheet required for
the time period 10/21/04 to
1/21/05, indicating that of 11
meetings held, 11 had a parent,
guardian or adult student
present.
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)
attempts to
ensure parent
participation at
IEP Team
meetings)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

The charter school also
submitted procedures entitled
“FAPE – Opportunity for Parent
Participation.” These
procedures re-state requirements
of this criterion, and include
charter school practices not
outlined in this criterion.
Interviews indicate that parents
are often automatically provided
with copies of Team evaluations
two days prior to Team
meetings, which is a
commendable practice.
24
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
Implemen-ted
Method(s) of
Verifica-tion
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 record review
indicates that the N1
written notice does not
always contain all of the
elements required by
federal regulations at 34
CFR 300.503. In
addition, in some
instances, the school did
not send the required
notices.
Please provide training for all
staff that completes IEPs and
accompanying notices on the
proper completion of these
notices. Please also provide
training on the specific times at
which written notice is
required to be sent to parents.

Student record review indicates
parent attendance at all Team
meetings.
SE 28
Parent provided
the IEP or
notice of no
eligibility
together with
notification of
procedural
safeguards and
parents' rights
Partially
implemented
Documentation
Interviews
Student record
review
The charter school submitted
procedures entitled “FAPE
IEP – Notification of Parent
Rights and Parent Consent.”
The procedures include
requirements of this
criterion, as well as those of
SE 29.
The charter school uses the
state parent’s rights
brochure.
The charter school also
submitted a copy of its
procedures entitled “FAPE
IEP – Eligibility
Determination.”
The school also submitted
25
Partially
implemented
Please provide documentation
of this training, including
agenda, training materials and
attendance sheets by
December 31, 2005.
Please provide a random
sample of N1 or N2 notices,
three from each grade, sent by
the school following the
training. Please provide this
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
Implemen-ted
Method(s) of
Verifica-tion
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

blank copies of N2 form re:
finding of no eligibility.
26
documentation by December
31, 2005.
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

√
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Documentation
Interviews
Student records
The charter school submitted
a copy of its procedures
entitled “FAPE IEP –
Notification of Parent Rights
and Parent Consent.”
Procedures re-state the
requirements of SE 28 and
this criterion. Interviews
indicate that the school has
not had a need to send
communications in a
language other than English,
but that it is aware of
resources in the event that
this becomes necessary.
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)
SE 32
Parent advisory
council for
special
education
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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 bylaws unnecessarily
limit membership to “any
person who is affiliated
with the CCLCS who has
attended at least one
meeting of the CCLS sped
PAC during the past
twelve months.”
According to regulation,
“membership [should be]
offered to all parents of
students with disabilities
and other interested
parties.”
Please revise the by-laws so
that PAC membership is open
to “all parents of students with
disabilities and other interested
parties.”

Documentation
Interviews
The charter school submitted
the following documentation
related to its PAC:
 Officer list, indicating
that the president, vice
president and
secretary/treasurer are
all members of the
school staff.

Bylaws

Articles of
organization.
The school also submitted PAC
meeting agendas and attendance
sheets, indicating that Rights
and Responsibilities in Special
Education was offered in 2003
and 2004; in 2004, only
school staff attended.
However, the school also
submitted a copy of a letter sent
home to parents re: scheduling
of meeting, the letter was dated
5/19/04. And, the school
28
Partial
Please provide documentation
of the new by-laws by
December 31, 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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

submitted a copy of an
invitation sent in February 2005
for the required training, to be
held in April 2005.
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

As evidence of Sped PAC
support, charter school also
submitted copies of various
“Notes to Home,” inviting
parents to PAC Meetings.
The school also submitted a
copy of parent needs
assessment it had completed.
The school submitted the
following statements as
evidence of school
committee consult with staff:
Please note that although not
a legal requirement, the
Department recommends as
best practice that parents
fulfill the roles of PAC
officers.
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)
SE 50
Responsibilities
of the School
Principal and
Administrator
of Special
Education
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Interviews
“The CCLCS is a teacher
driven school supported by a
Director and governed by a
Board of Directors. The
Board is fully aware of the
important purpose and
mission of PAC and
wholeheartedly supports its
efforts.”
Documentation and
interviews indicate that the
school has in place
instructional supports
responsive to student needs,
including grade level teams,
pre-referral and child study
teams, section 504
accommodation plans, and
individual student success
plans. The principal and
special education coordinator
consult frequently regarding
interventions for students,
31
Partially
implemented
The charter school’s
submission references
regulations that are no
longer in effect.
Please revise the submissions
to reflect current regulatory
requirements, and so that they
are appropriate for a charter
school.
Please provide the above
documentation by December
31, 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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

and that information on
instructional support services
is provided as part of the
evaluation information
available to teams when
determining eligibility for
special education.
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation


In addition, there are
curriculum and department
meetings, twice weekly staff
meetings, and a mentoring
program for new staff.
The school submitted a copy of
its Curriculum Accommodation
Plan.
The school also provided
descriptions of the special
education responsibilities of the
school director and the special
education coordinator.
SE 54
Professional
development
regarding
special
education
√
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified
Documentation
The charter school submitted
the following:
Interviews
Documentation regarding
“School performance
objectives” related to
professional development;
A copy of “Teacher
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Induction Plan,” which
includes orientation goals,
mentoring, and mention of
professional development.
Various documents relating
to attendance of individual
and school staff at outside
and in-service trainings.
Materials
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

included a May 11, 2004
handout for “Staff In-service
presentation- Policy and
Procedure for the Use of Deescalation and Physical
restraint;” materials and signin sheets for 1/18/05 inservice on federal and state
student record regulations;
documentation pertaining to
staff meeting on 11/29/04
which covered training on
special education policies
and procedures, including
legal requirements and local
policies and procedures, and
physical restraint training;
5/26/04 memo and 3/22/05
faculty meeting agendas
regarding training in
analyzing and
accommodating diverse
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)
SE 56
Special
education
programs and
services are
evaluated
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
While evaluation
activities are conducted
concerning special
education programs and
services, there is no
formal report completed
and it is not clear how
information from annual
IEP reviews is used to
measure the effectiveness
of special education
programs and services.
Interviews indicate that
numbers of goals reached
are not currently used in
these activities.
Please provide the Department
with a plan to ensure that the
school conducts appropriate
special education program and
service evaluation.
Components of the evaluations
are as follows: special
education programs, services,
and administrative areas are
regularly evaluated; the school
develops methods for
determining the effectiveness
of programs in assisting
students with disabilities to
achieve the goals set forth in
their IEPs in the least

Documentation
Interviews
learning styles of all
students, and methods of
collaboration among
teachers, paraprofessionals
and assistants to
accommodate diverse
learning styles.
Documentation and
interviews indicate that the
school does regularly
evaluate its special education
programs and services
through the use of schoolwide MCAS scores to
improve education as a
whole. This has led to the
creation of individualized
supports for all students
(Individual Student Success
Plans) and programs such as
the math “booster” program,
one-one writing workshops,
and changes in curriculum
36
Partially
implemented
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
Implemen-ted
Method(s) of
Verifica-tion
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

emphasis to address concerns
about school-wide
performance on certain
MCAS test items.
37
restrictive environment; the
school uses information it
gathers from annual IEP
reviews to measure the
effectiveness of special
education programs and
identified programs, services
and administrative areas that
need improvement or must be
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
Implemen-ted
Method(s) of
Verifica-tion
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 school submitted a copy
of a draft “Renewal
Inspection Report.” Special
education is addressed as
part of this report.
The school also submitted
copies of completed
classroom teacher and parent
special education survey
forms, dated June 2004.
The focus of that annual
survey was communication
and inclusion support.
Interviews indicate that the
charter school leader, special
education coordinator and
special education teacher
reviewed these surveys, and
implemented changes in the
school in response to results.
38
developed; and, as part of these
evaluation procedures, the
school measures the success of
programs based on students’
local and statewide assessment
results, drop out rates, and
graduation rates for special
education students.
Please provide the Department
with this plan by December
31, 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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

The school also submitted a
statement that no student has
ever dropped out or been
expelled from the school, and
that 100% of the charter
school special education
students have graduated from
the school.
Other
Requirements
Identified in
the last
Coordinated
Program
Review
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)
SE 8
Evaluation
Team
Composition
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion

√
Interviews
Documentation
SE 46
√
Interviews
Student records
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
The school’s code of
conduct does not contain
Please ensure that the school’s
code of conduct provides

Student record
review
SE 14
Annual Review
Team Meeting
Comments Regarding
Corrective Action Plan
Implementation
Documentation
The charter school submitted
procedures entitled “FAPE
IEP – Participate in Meetings
and Team Composition.”
These procedures re-state the
requirements of this
criterion, and additional local
procedures. Interviews and
student records confirm
appropriate team meeting
attendance.
Interviews indicate that the
school has in place a system
to ensure that annual reviews
are held in a timely fashion.
Student record review
indicates that in most cases,
annual reviews are held on
time.
The charter school submitted
the following documentation:
40
Partially
implemented
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Procedures for
Suspension of
Students with
Disabilities
SE 47
Procedural
Requirements
for Students not
yet determined
to be eligible
for special
education
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
specifics of special
education or Section 504
discipline procedures, nor
does it contain procedures
for students not yet
determined to be eligible
for special education.
notice to students with
disabilities and their parents of
the disciplinary protections for
students with disabilities and
students who have not yet been
determined to be eligible for
special education under federal
special education and section
504 laws.

Interviews

School handbook,
including code of
conduct, which does
not have specifics of
special education or
Section 504
discipline
procedures;
 Procedures entitled
“FAP – IEP –
Student Support
Services/Suspension
s,” which re-state
requirements of SE
45 SE 46 and SE 47;
 Procedures entitled
“FAPE – IEP
Student Support
Services/Suspension
s for Suspension of
Students with
Disabilities when
Suspension exceeds 10
41
Please provide documentation
of steps taken to provide this
notice by December 31, 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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

consecutive days or a
pattern has developed for
suspensions exceeding
10 cumulative days;
procedures re-state the
requirements of SE 46;

Statement that to
date, school has not
placed any student in
an IAES.

Interviews indicate
that staff is aware of
the requirements of
these criteria.
42
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)
MOA 1
Identification of
LEP Students
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Interviews
Charter school submitted:
“Procedures and process for
ELL students.” The
school has set criteria for
identification of LEP
students.
Documentation indicates that
progress of students is
monitored through grade in
English Language Arts with
the combined input of ESL
and classroom teacher. The
school assesses students
regularly throughout year to
determine progress. MELAO and MEPA R/W are
administered twice a year.
43
Partially
implemented
According to procedures,
the initial registration
form has a question about
LEP status, and this
question is translated into
Portuguese and Spanish.
Only if the question is
answered in the
affirmative is a home
language survey provided
to the student/parent.
This requires
students/parents to selfidentify. Department
guidance is as follows:
The school should instead
screen all incoming
students who may be
potentially limited
English proficient using a
home language survey in
the home language if
Please ensure that the
following procedures are
consistent with the
requirements of MGL chapter
71A, Title VI and 603 CMR
14.00:

Identification of LEP
students
 Exit of LEP students
from ELL programs
 Initial assessment of
LEP status
 Qualifications of
personnel
implementing initial
and annual assessment
of LEP students.
Please provide the Department
with revised procedures by
December 31, 2005. Please
also provide the Department
with evidence that the revised
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
Implemen-ted
Method(s) of
Verifica-tion
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

procedures have been shared
with staff. Please provide
this documentation by
December 31, 2005.
44
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
Implemen-ted
Method(s) of
Verifica-tion
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
possible. All students
whose home language
survey indicates a first
language not English
must be assessed by
trained personnel for
English proficiency in
reading, writing, speaking
and listening, using the
English proficiency
criteria set by the school.
For more guidance, see
http://www.doe.mass.edu/
ell/identify_lep.html.
Please clarify the qualifications
of persons who assess students
for limited English proficiency.
Please provide this information
by December 31, 2005.

According to documentation,
if proficiency is
demonstrated in assessments,
students are exited and
monitored for two years;
parents are notified of redesignation within 30 days.
The school submitted names
and qualifications of persons
implementing identification
procedures, but did not
clearly list their
qualifications for performing
identification activities.
The school submitted the
following additional
documentation:
 roster, indicating that
all students' native
language is English;
45
In addition, the
procedures require that all
possible students be
assessed in reading and
writing with the LAS R
and W. As mentioned
above, students must be
assessed in speaking and
listening as well.
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
Implemen-ted
Method(s) of
Verifica-tion
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





LAS R/W forms;
home language
survey which is in
English only;
copy of letter
concerning students
being designated
ELL – in English
only;
copy of “ELL
Redesignation
form.”
46
Exit criteria set forth in
the procedures indicate
that students are exited
based only upon test
scores. According to
statute, “Once English
learners acquire a good
working knowledge of
English and are able to do
regular school work in
English, they shall no
longer be classified as
English learners and shall
be transferred to English
language mainstream
classrooms.” MGL
chapter 71A section 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
Implemen-ted
Method(s) of
Verifica-tion
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

.
Department guidance has
this been that exit must be
based upon multiple
measures, including test
scores measuring English
proficiency, as well as
grades, teacher
observation, and local
criteria for grade
advancement. See also
2005-2006 ELL
Coordinated Program
Review Instrument, at
http://www.doe.mass.edu/
pqa/review/cpr/instrument
/chapter71A.doc.
Qualifications of persons
conducting ELE
assessments were not
clear from the district’s
documentation
submission.
47
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)
MOA 17 A
Restraint
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
According to 5/04 and
11/29/04 agenda for
professional development
day, restraint training was
held on these days, which
is too late in both school
years. Regulations
require that this training
be held within the first
month of the school year.
See 603 CMR 46.00.
Please provide a plan to ensure
that the required training on
restraint is provided to all staff
within the first month of the
school year, and, for employees
hired after the school year begins,
within a month of their
employment, as required by 603
CMR 46.03(2). Please provide
agenda and attendance sheets for
these trainings.

Documentation
Interviews
The school submitted the
following:
 copy of handout
entitled “Non-violent
Crisis Intervention –
Policy and procedure
for the use of physical
restraint,” with
presenters’ names and
date (11-29-04);
 statement that there is
no restraint log
because the school has
had no incidents
requiring restraint, and
no individual waivers
because no incident
has occurred requiring
one;
 statement that school
nurse and 6th grade
math teacher have been
trained in physical
restraint and are
responsible for staff
48
Partially
implemented
Please provide this
documentation, including
evidence that the training has been
held within the first month of the
2004-2005 school year, by
December 31, 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
Implemen-ted
Method(s) of
Verifica-tion
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
While the district does
have a process for
curriculum review on the
whole, it is not clear that
each individual teacher is
required to review all
curricular materials
pursuant to these
requirements. In
addition, the written
process contains no
information about what is
done to provide
context/balance.
Please ensure that the school’s
policy includes requirements
that each individual teacher
reviews all educational
materials for simplistic and
demeaning generalizations,
lacking intellectual merit, on
the basis of race, color, sex,
religion, national origin, and
sexual orientation, and please
ensure that this review includes
the provision of appropriate
activities, discussions and/or
supplementary materials to
provide balance and context for
any such stereotypes depicted
in such materials. Please
provide documentation of this
policy and distribution to all
staff by December 31, 2005.

training.
MOA 24
Curriculum
Review Process
Partially
implemented
Documentation
Interviews
The school submitted the
following documentation:
 Statement that it has
a committee and a
process for
curriculum review.
 Copy of “Matrix for
Achieving Equity in
Classrooms” and
other materials.
Other
Requirements
49
Partially
implemented
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
Implemen-ted
Method(s) of
Verifica-tion
Comments Regarding
Corrective Action Plan
Implementation

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Identified by
the Mid-cycle
review team
50
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 21
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Confidentiality
of Personally
Identifiable
Information
Comments Regarding
Corrective Action Plan
Implementation

Partially
implemented
School day and
school year
requirements
SE 23
Method(s) of
Verifica-tion
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 record review
indicates that due to a
problem with the IEP
forms used by the school,
IEPs do not contain
evidence that teams
consider extended school
day and extended school
year for each student.
The school has indicated that it
will ensure that the IEP forms
are corrected, so that each IEP
contains the appropriate
considerations for extended
school day and school year
services for each student.

Student record
review
Interviews
Partially
implemented
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified
Student record
review
Interviews indicate that
Teams do consider extended
school day and extended
school year for students.
Some student records
reviewed contained required
logs of access.
51
Partially
implemented
Partially
implemented
Most of the student
records reviewed lacked
required logs of access.
Please provide 6 randomly
selected samples of IEPs
created in the fall of 2005, two
from each grade. Please
provide this documentation by
December 31, 2005.
Please ensure that all student
records, including special
education portions of the
record, contain the required
logs of access. Please ensure
that this plan is in place and
provide written assurance that
this has occurred by December
31, 2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 25
Parental
Consent
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemen-ted
Method(s) of
Verifica-tion
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
Student record review and
interviews indicate that in
some instances,
assessments are
conducted prior to receipt
of written parental
consent. Interviews and
student records indicate
that at times, verbal
consent is obtained prior
to conducting the
assessments, but this is
not documented in all
cases. In addition, in
some instances, parents
have signed IEPs and
placement pages (PL1
forms), but have not
indicated their decision
(accept, reject, etc.).
Please provide training for all
staff conducting assessments
concerning the requirement for
written parental consent prior
to completing special
education assessments.

Student record
review
Interviews
Documentation of required
parental consent was evident
in some of the student
records reviewed.
52
Partially
implemented
Please provide documentation
of this training, including
agendas and attendance sheets,
by December 31, 2005.