The Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 9, 2013 Margaret Campbell, Executive Director Codman Academy Charter Public School 637 Washington Street Dorchester, MA 02124 Re: Mid-cycle Report Dear Executive Director Campbell: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in April 2013. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by July 24, 2013. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Tim Gallagher at 781338-3717. Sincerely, Tim Gallagher, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Heather Ayers, Board of Trustees Chairperson Emily Barbara, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Codman Academy Charter Public School Date of the Mid-cycle Review Onsite: April 12, 2013 Date of this Report: July 9, 2013 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Records Interviews Basis of Determination about Criterion While the charter school provides age of majority notification to both the student and the parent/guardian explicitly stating that all rights accorded to parents under special education law will transfer to the 18 year old student, this notification is not provided one year prior to the student reaching age 18. The If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Conduct training for special education staff responsible for providing the age of majority notification on the procedures for providing this notification to the student and parent/guardian one year prior to the student reaching the age of 18. Develop an internal oversight Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 1 of 12 (b) Progress Report Due Date(s) and Required Elements Submit the training information, including the agenda and sign-in sheet. Submit a description of the internal oversight and tracking Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion charter school provides this notification once the student turns 18 years of age. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation and tracking system for ensuring that notification is provided one year prior to the student’s 18th birthday. The oversight and tracking system should include periodic reviews by the Director of Special Education to ensure ongoing compliance. Develop a report of the results of an internal review of records in which the student turned 17 years of age, after implementation of all corrective actions, to ensure appropriate provision of the transfer of parental rights notification. Please note when conducting internal monitoring that the charter school 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). Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 2 of 12 (b) Progress Report Due Date(s) and Required Elements system with periodic reviews, along with the name and role of the designated person by October 4, 2013. Submit the results of the review of students records and include the following: Number of records reviewed; Number of records in compliance; For any records not in compliance, determine the root cause; and Specific corrective actions taken by the district to remedy any non- Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements compliance. Submit the report by January 13, 2014. Student Records Interviews SE 8 IEP Team composition and attendance Required members of the Team, including general education teachers, are attending IEP Team meetings. If a Team member is unable to attend the IEP Team meeting, the charter school uses appropriate procedures to excuse the Team member, which include: The district and the parent agreeing, 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 agreeing, in writing, to excuse a required Team member’s participation and the excused member provides written input into Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 3 of 12 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation the development of the IEP to the parent and IEP Team prior to the meeting. Student Records Interviews SE 18A IEP Development and content SE 25 Parental consent Interviews Document Review Whenever the IEP Team evaluation indicates that a student’s disability affects social skills development or a student’s disability makes him or her vulnerable to bullying, harassment, or teasing, the IEP addresses the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. For students identified with a disability on the autism spectrum, the IEP Team considers and specifically addresses the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. While the charter school does not have a parent who has revoked consent to a student's special education services, document review and staff interviews indicate that the charter school has appropriate procedures in Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 4 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation place regarding the revocation of consent. According to the procedures, if a parent revokes consent in writing, the charter school will act promptly to provide written notice to the parent of the charter school’s proposal to discontinue services based on the written revocation of consent. The procedures indicate that notice will be provided a reasonable time before the charter school intends to discontinue the student's services. The charter school will also provide information on how the parent can obtain a copy of the procedural safeguards. SE 51 Appropriate special education teacher licensure (Commonwealth Charter Schools only) Interviews Document Review The special education coordinator has completed a graduate degree in special education and provides direct supervision to one staff member who is delivering specialized instruction to students. Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 5 of 12 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Implemented SE 1 Assessments are appropriately selected and interpreted for students referred for evaluation SE 6 Determination of transition services Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records For limited English proficient students, the charter school administers assessments for special education eligibility in the language and form most likely to yield accurate information on what the student knows and can accomplish academically, developmentally, and functionally. Interviews Student Records Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The charter school consistently documents transition planning for all students ages 14 and older. Completed Transition Planning Forms were included in all files reviewed. Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 6 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records When students are determined to be ineligible for special education services, a Section 504 Accommodation Plan is considered at the eligibility Team meeting and documented on the Notice of School District Refusal to Act (N2) form. SE 9A Elements of the eligibility determination; general education accommodations and services for ineligible students SE 11 School district response to parental request for independent educational evaluation Document Review The charter school has established procedures to offer parents the option of participating in an income eligibility program for free or reduced cost independent educational evaluations that are equivalent to the types of assessments completed by the school. SE 13 Progress Reports and content Student Records Related service providers consistently provide progress reports. Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 7 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements The charter school provides graduating students with a summary of his or her academic achievement and functional performance and also includes recommendations on how to assist the student in meeting his or her post secondary goals. SE 20 Least restrictive program selected PI Student Records Interviews The Non-Participation Justification statement does not always specifically 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. Provide training to the Team chairpersons responsible for completing IEPs on writing NonParticipation Justification statements that address why the removal of the student from the general education classroom is critical to the student’s programming. 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 Director of Special Education to ensure ongoing compliance. Develop a report of the results of an Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 8 of 12 Submit the training information, including the agenda and sign-in sheet. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person by October 4, 2013. Submit the results of the review of Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation internal review of student records, in which IEPs have been written since implementation of all of the corrective actions, for evidence of appropriately completed NonParticipation Justification statements. Please note when conducting internal monitoring that the charter school 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). (b) Progress Report Due Date(s) and Required Elements students records and include the following: Number of records reviewed; Number of records in compliance; For any records not in compliance, determine the root cause; and Specific corrective actions taken by the district to remedy any noncompliance. Submit the report by January 13, 2014. SE 29 Communications are in English and primary Student Records Interviews The charter school provides translated IEPs and evaluation reports, when requested, for parents whose home language is Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 9 of 12 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation language of home Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation other than English. SE 33 Involvement in the general curriculum SE 43 Behavioral interventions Student Records See SE 8. Interviews Student Records Interviews The charter school consistently considers and incorporates behavioral interventions into the student’s IEP. Behavioral interventions are developed and incorporated into the Present Levels of Educational Performance B (PLEP B) section of the student’s IEP and the interventions are monitored by the Special Education Coordinator. SE 44 Procedure for recording suspensions Student Records Document When a student is excluded for non-compliant behavior, whether it is for a portion of the day or the Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 10 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Review entire day(s), the charter school documents this exclusion as a suspension in both the student’s cumulative file and special education file. Furthermore, the Dean of Students tracks all discipline records and in the event that a pattern of suspension is identified, the Team reconvenes to discuss behavioral interventions and amends the IEP, if necessary. See also SE 46. Interviews SE 45 Procedures for suspensions up to 10 days and after 10 days: General Requirements Document Review Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The charter school’s expectations for student conduct, as outlined in the school’s accountability program, now include references to additional protections required for students with IEPs and students with Section 504 Accommodation Plans. Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 11 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records The charter school consistently follows appropriate procedures and conducts manifestation determinations when there is a change in placement, such as when there is a suspension of longer than 10 consecutive days or a series of suspensions occur that are shorter than 10 consecutive days but constitute a pattern. Document Review Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Codman Academy Charter Public School’s Coordinated Program Review Mid-cycle Report July 9, 2013 Page 12 of 12 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Codman Academy Charter Public School M I D – CY C L E P R O G R E S S R E P O R T Date Prepared: ____________________________________ Prepared by: __________________________________________________________________ (name and title) Criterion: _______________________ Topic: ________________________________________________________________________ For each criterion for which you prepare a progress report, please make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation. (Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.) Send the whole set of completed progress reports to: Darlene Lynch, Director Program Quality Assurance Services Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906