COORDINATED PROGRAM REVIEW MID-CYCLE REPORT District: Cape Cod Regional Vocational Technical School MCR Onsite Date: 03/27/2013 Program Area: Special Education Mitchell D. Chester, Ed.D. Commissioner of Elementary and Secondary Education COORDINATED PROGRAM REVIEW MID-CYCLE REPORT SE Criterion # 6 - Determination of transition services Rating: Implemented Basis for Findings: A review of student records and interviews indicated that Transition Planning Forms were individualized and addressed all required areas. Transition Planning Forms include the student's preferences and interests, the desired outcomes for post-secondary education/training, employment, and adult living, as well as community and/or adult living experiences to help the student reach his/her post-secondary vision, as applicable. As appropriate, IEPs contained transition goals. SE Criterion # 7 - Transfer of parental rights at age of majority and student participation and consent at the age of majority Rating: Implemented Basis for Findings: A review of student records and interviews indicated that one year prior to the student reaching age 18, the district is informing the student and the parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student's 18th birthday. The notification provided to both the student and the parent/guardian states that all rights accorded to parents under special education law will transfer to the 18 year old student. Upon reaching the age of 18, the district is implementing procedures to obtain consent from the student to continue the student's special education program. SE Criterion # 8 - IEP Team composition and attendance Rating: Implemented Basis for Findings: A review of student records and interviews indicated that required Team members are present at IEP Team meetings. Members of the Team attend IEP Team meetings unless: The district and the parent agree, in writing, that the attendance of the Team member is not necessary because the member's area of the curriculum or related services is not being modified or discussed; or The district and the parent agree, in writing, to excuse a required Team member's participation and the excused member provides written input into the development of the IEP to the parent and IEP Team prior to the meeting. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 2 of 12 SE Criterion # 9 - Timeline for determination of eligibility and provision of documentation to parent Rating: Partially Implemented Basis for Findings: Although a review of student records indicated that the district is meeting the timeline requirements to conduct an evaluation within 30 school working days upon receipt of parental consent to an initial evaluation or re-evaluation, the district did not always meet the 45 school working day timeline for determination of eligibility and the provision of the proposed IEP and placement or a finding of no eligibility to the parent. Department Order of Corrective Action: Review those records in which an initial evaluation or re-evaluation was conducted in the 2012-2013 school year and the district did not meet the 45 day timeline for the determination of eligibility and the provision of the proposed IEP and placement or a finding of no eligibility. Analyze the information to determine the root cause(s) for the non-compliance. Based on this root cause analysis, indicate the specific corrective actions the district will take to remedy the non-compliance. Develop a report of the results of an internal review of student records, in which an initial or re-evaluation Team meeting was held after all corrective actions have been implemented, to ensure that IEP Teams are determining eligibility and the district is providing documentation to the parent within 45 school working days of receiving consent. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Required Elements of Progress Reports: Submit the results of the root cause analysis with specific proposals for remedying the noncompliance and associated timelines by October 4, 2013. Submit the results of a review of student records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 3 of 12 SE Criterion # 12 - Frequency of re-evaluation Rating: Partially Implemented Basis for Findings: A review of the student records indicated that not all re-evaluations were conducted every three years. When the re-evaluation was not conducted, there was not documentation that the parent and the district agreed that it was unnecessary. Department Order of Corrective Action: For those students whose records were identified by the Department, the district must obtain consent from the parent and conduct a full re-evaluation or submit documentation indicating that the parent and district agreed that it is not necessary. Review a sample of student records in which a re-evaluation was due in the 2012-2013 school year but not conducted. Analyze the information to determine the root cause(s) for the non-compliance. Based on this root cause analysis, indicate the specific corrective actions the district will take to remedy the non-compliance. Develop a report of the results of an internal review of student records in which a reevaluation was due, since implementation of all of the district's corrective actions, for evidence of compliance with re-evaluations being conducted every three years. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Required Elements of Progress Reports: For those student records identified by the Department, submit a copy of the signed Evaluation Consent Form (N1A), the Team Meeting Invitation (N3) and the signed Team Meeting Attendance Sheet (N3A) to indicate that the re-evaluation was conducted and that the IEP Team reconvened to discuss the re-evaluation results and update the IEP, as appropriate. In the alternative, submit documentation indicating that the parent and district agreed that the re-evaluation was unnecessary. Submit this information by October 4, 2013. Submit the results of the root cause analysis with specific proposals for remedying the noncompliance and associated timelines by October 4, 2013. Submit the results of a review of student records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 4 of 12 SE Criterion # 13 - Progress Reports and content Rating: Partially Implemented Basis for Findings: A review of the student records indicated that progress reports do not consistently include written information on the student's progress towards the annual goals in the IEP. In addition, there were many student records missing progress reports for the 2012-2013 school year. Department Order of Corrective Action: Provide training to special education staff responsible for completing progress reports on how to write progress reports that address the student's progress towards the annual IEP goals and for maintaining progress reports in the student record. Develop an internal oversight and tracking system for ensuring that progress reports are written consistently, contain information on the student's progress towards the annual goals and are included in the student record. The oversight and tracking system should include periodic reviews by the Special Education Director to ensure ongoing compliance. Develop a report of the results of an internal review of student records, in which progress reports were written subsequent to implementation of all corrective actions, to ensure appropriate completion and inclusion in the student record. *Please note when conducting internal monitoring, the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Required Elements of Progress Reports: Submit the training information, including the agenda and sign-in sheet by October 4, 2013. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by October 4, 2013. Submit the results of a review of student records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 5 of 12 SE Criterion # 14 - Review and revision of IEPs Rating: Partially Implemented Basis for Findings: A review of the student records indicated that IEP Team meetings have been conducted after the expiration date of the current IEP. Department Order of Corrective Action: Review a sample of student records in which IEP Team meetings were held in the 2012-2013 school year and analyze the information to determine the root cause(s) for the noncompliance. Based on this root cause analysis, indicate the specific corrective actions the district will take to remedy the non-compliance. Develop a report of the results of an internal review of student records, in which annual review Team meetings were held since implementation of all of the district's corrective actions, for evidence that IEPs are updated annually. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Required Elements of Progress Reports: Submit the results of the root cause analysis with specific proposals for remedying the noncompliance and associated timelines by October 4, 2013. Submit the results of a review of student records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 6 of 12 SE Criterion # 18A - IEP development and content Rating: Partially Implemented Basis for Findings: A review of student records and staff interviews indicated that IEP service delivery grids were completed appropriately and contained accurate goal numbers and completed service delivery dates. The Current Performance Levels/Measurable Annual Goals sections of the IEPs included information pertaining to how the Team would know that the student has reached the IEP goal. The school assurance section of the IEP was signed and dated by the parent and the LEA Representative. A review of the student records indicated that for students identified with a disability on the autism spectrum and for those students whose disability affects social skills development or whose disability makes them vulnerable to bullying, harassment, or teasing, the IEP Team is not consistently considering and addressing the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. Department Order of Corrective Action: For those students whose records were identified by the Department, the district must reconvene the IEP Teams to consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. Please see Technical Assistance Advisory SPED 2011-2: Bullying Prevention and Intervention for assistance and guidance on meeting this requirement: http://www.doe.mass.edu/sped/advisories/11_2ta.html. Provide training for the Special Education Director and Team Chairperson(s) on the requirements for addressing bullying prevention and intervention in the IEP. Develop an internal oversight and tracking system to ensure that IEP Teams consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment and teasing. The tracking system should include oversight and periodic reviews by the Special Needs Director to ensure ongoing compliance. Develop a report of the results of an internal review of records to ensure that IEP Teams, that have convened after all corrective actions have been implemented, are addressing the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing in the IEP. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Required Elements of Progress Reports: For those student records identified by the Department, submit a copy of the IEP and the Team Meeting Attendance Sheet (N3A) to indicate that the IEP Teams have reconvened. Submit this information by October 4, 2013. Submit evidence of training for the Special Education Director and Team Chairperson(s). Include the agenda, the name of the person who conducted the training, and training materials by October 4, 2013. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by October 4, 2013. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 7 of 12 SE Criterion # 18A - IEP development and content Submit the results of the review of records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 8 of 12 SE Criterion # 20 - Least restrictive program selected Rating: Partially Implemented Basis for Findings: A review of the student records indicated that the Non-Participation Justification statement in the IEP does not consistently state why the removal of the student from the general education classroom is considered critical to the student’s program and the basis for the Team’s conclusion that education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily. Department Order of Corrective Action: Provide training for the Special Education Director and Team Chairperson(s) on the requirements for writing complete IEP Non-Participation Justification statements that indicate why the student’s removal from the general education classroom is critical to the student’s program. Develop an internal oversight and tracking system for ensuring that written justification meets the requirements of this criterion. The oversight and tracking system should include periodic reviews of IEPs by the Special Education Director to ensure ongoing compliance. Develop a report of the results of an internal review of records, in which IEPs have been written since implementation of all of the district's corrective actions, for evidence of compliance with appropriately completed Non-Participation Justification statements. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Required Elements of Progress Reports: Submit evidence of training for the Special Education Director and Team Chairperson(s). Include the agenda, the name of the person who conducted the training, and training materials by October 4, 2013. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by October 4, 2013. Submit the results of a review of student records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 9 of 12 SE Criterion # 22 - IEP implementation and availability Rating: Implemented Basis for Findings: A review of student records and staff interviews indicated that IEPs are implemented as written and accepted by parents. IEP service delivery grids were indicative of the services the students are receiving and identify the specific district personnel providing the services. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 10 of 12 SE Criterion # 24 - Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Rating: Partially Implemented Basis for Findings: A review of student records and staff interviews indicated that the information in the narrative description of the Notice of Proposed School District Action (N1) often lacked specificity and did not consistently address the federally required questions on page 2 of the form. The N1 notice did not always include the school district's actions, evaluations used as the basis for the proposed actions or any options considered but rejected. Additionally, there were student records that did not contain an N1 form for the proposal of an evaluation or for the proposal of an IEP. Department Order of Corrective Action: Provide training for the Special Education Director and Team Chairperson(s) on the requirements for completing the N1 notice and responding to all questions on page 2 of the notice and on maintaining the N1 forms in the student record. Develop an internal oversight and tracking system for ensuring that N1 forms contain the required written information on page 2 and are included in the student record. The oversight and tracking system should include periodic reviews by the Special Needs Director to ensure ongoing compliance. Develop a report of the results of an internal review of student records, in which an evaluation or IEP was proposed subsequent to implementation of all corrective actions, to ensure appropriate completion of the N1 form and inclusion in the student record. *Please note when conducting internal monitoring, the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Required Elements of Progress Reports: Submit evidence of training for the Special Education Director and Team Chairperson(s). Include the agenda, the name of the person who conducted the training, and training materials by October 4, 2013. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by October 4, 2013. Submit the results of a review of student records and include the following: 1. The number of records reviewed; 2. The number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. The specific corrective actions taken to remedy the non-compliance. Please submit the above information by January 10, 2014. Progress Report Due Date(s): 10/04/2013 01/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 11 of 12 SE Criterion # 25 - Parental consent Rating: Implemented Basis for Findings: A review of student records and interviews indicated that when a parent revokes consent, in writing, to special education services, the district provides written notice to the parent of its proposal to discontinue services based on the revocation of consent as well as information on how the parent can obtain a copy of his/her rights to procedural safeguards. The district provides notice within a reasonable time before it intends to discontinue services. Staff members are aware that they may not use mediation or request a due process hearing to obtain agreement or a ruling for continuation of services. SE Criterion # 26 - Parent participation in meetings Rating: Implemented Basis for Findings: A review of the student records and interviews indicated that parents are consistently present at IEP Team meetings. The district has procedures in place to ensure parent participation, including using individual or conference telephone calls, and will no longer continuously postpone the IEP Team meeting if neither parent can attend. SE Criterion # 33 - Involvement in the general curriculum Rating: Implemented Basis for Findings: A review of the student records indicated that the student's participation in the general education curriculum is documented in the Present Levels of Educational Performance A: General Curriculum section of the IEP. SE Criterion # 43 - Behavioral interventions Rating: Implemented Basis for Findings: A review of the student records and interviews indicated that IEP Teams are considering a student's behavior and the need for a functional behavioral assessment or positive behavioral interventions and supports, including counseling and goals, if there is indication that the student's behavior impedes learning. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Cape Cod Regional Vocational Technical School Mid-Cycle Report – July 5, 2013 Page 12 of 12