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
August 15, 2005
Dr. Brenda Finn
Superintendent
Concord Public Schools
120 Meriam Road
Concord, MA 01742
Re:
Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action
Plan Verification and Special Education Mid-cycle Review
Dear Dr. Finn:
Enclosed is the Department's Coordinated Program Review Follow-up Monitoring Report
together with findings regarding your district’s Coordinated Program Review Mid-cycle Review.
This report contains the Department's findings based on the onsite activities conducted in your
school district to verify the implementation status and effectiveness of corrective steps taken in
response to your Coordinated Program Review Report issued on September 19, 2001.
The Department will notify you of your district's next regularly scheduled Coordinated Program
Review several months before it is to occur. At this time, we anticipate the Department's next
routine monitoring visit to occur sometime during the 2007-2008 school year, unless the
Department determines that there is some reason to schedule this visit earlier.
While the Department of Education found certain noncompliance issues to be resolved, others
were partially corrected, not addressed at all and/or new issues were identified by the
Department’s onsite team. As the Department previously informed you, in cases where a
district fails to fully and effectively implement a Corrective Action Plan, which was proposed by
your district and approved by the Department, the Department must then prepare a Corrective
Action Plan for the district, which must be implemented without further delay. You will find
these requirements for corrective action and further progress reporting included in the attached
report together with any steps that must be taken by the district to fully implement new special
education requirements. Please provide the Department with your written assurance that the
Department's requirements for corrective action will be implemented by your school district
within the timelines specified. Your statement of assurance must be submitted to the
Department's Onsite Chairperson by August 25, 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 781-338-3768.
Sincerely,
Lindsey McGovern, 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
Jerry Wedge, School Committee Chairperson
Jessica Murphy, District Program Review Follow-up Coordinator
Encl.: Follow-up Monitoring Report
2
MASSACHUSETTS DEPARTMENT OF EDUCATION
COORDINATED PROGRAM REVIEW
CONCORD PUBLIC SCHOOLS
ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION
AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION
Action Plan Submitted on January 11, 2002
Progress Reports Submitted on October, 2002 and January 31, 2003; August 21, 2003; January 13, 2004; October 1, 2004; January 26, 2005
Onsite Visit Conducted on March 30-31, 2005
Date of this Report: August 15, 2005
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Special
Education
Requirements
SE 1
Assessments are
appropriately
selected and
interpreted for
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation

Implemented
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Student
record
review
Interviews
Trained personnel
administer a variety of
validated assessments
and consider
information from
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification

Implemented
Student
record
review
Interviews
SE 3
Special
requirements for
determination of
specific learning
disabilities
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

students referred
for evaluation
SE 2
Required and
optional
assessments
Comments Regarding
Corrective Action
Plan Implementation
Not applicable
pending
IDEA-2004
final
regulations
Student
record
review
Interviews
Document
Review
multiple sources when
interpreting the results
of these assessments
and making
educational
recommendations.
The district conducts
required and optional
assessments in
compliance with state
and federal regulations
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
2
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


adopted, the
Department is not
making findings
related to school
district practices under
Coordinated Program
Review Criterion SE 3.
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.
3
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 5
Participation in
general state and
district-wide
assessment
programs
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented

Student
record
review
Interviews
Document
review
All students with
disabilities in the
district participate in
MCAS and other
district-wide
assessment programs.
The district documents
how students with
disabilities will
participate in MCAS
on their IEPs.
4
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 6
Determination
of transition
services
(Emphasis on
practices in
determining
needed
transition
planning and
services and
consideration of
courses of study
related to
needed
transition)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
A review of the student record
indicated that vision statements do
not always reflect the student’s
preferences and interests, but rather
reflect the Team’s or parents’
vision for the student. In addition,
the Team does not always consider
the student’s course of study in
relation to the student’s future
goals. One 14-year-old student
was not invited to a Team meeting
and one IEP was missing a vision
statement entirely.
Please train all special
education staff and relevant
personnel on how to write
more effective vision
statements that are “outcome
oriented” and reflect the
district’s policy on transition
planning.

Student
Record
Review
Interviews
Document
Review
The district has in
place policies
concerning transition
planning that
emphasize that the IEP
vision statement
should reflect the
student’s individual
needs, preferences and
interests. The district
strives to write
“outcome-oriented”
transition plans for its
students.
Partially not
implemented
Please be advised that the
district should consider
reviewing its transition
planning policies and
procedures to be consistent
with the changes that went
into effect under IDEA 2004.
Please submit these training
materials, attendance sheets
and agendas to the
Department by October 1,
2005.
5
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
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
A review of student records
indicates that a representative of
the district with full authority to
commit district resources is not
always present at Team meetings.
However, throughout January
2005, the district conducted
training with building principals on
the obligation to have such a
representative present at all Team
meetings. In addition, the district
recently implemented new
procedures for monitoring Team
attendance. Thus, the
Department’s student record
review may not necessarily reflect
the district’s current practices.
Please submit the results of a
review of Team attendance
data conducted by the
Director of Special
Education from all IEP Team
meetings held at each school
from 9/05 through 12/05.

Student
Record
Review
Interviews
Document
Review
The district has
policies and
procedures regarding
the participation on the
IEP Team of all
persons required by
603 CMR 28.02 (21).
The district also has
newly developed
monitoring procedures
in place to ensure
proper Team
composition.
According to these
procedures, building
principals are the
Team chairs for each
building and are also
responsible for
monitoring Team
attendance within their
schools. The Director
of Special Education
Partially not
implemented
6
Please submit the results of
this review to the
Department by January 30,
2006.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


attends Team meetings
at random to “spot
check” attendance.
Finally, the Director of
Special Education and
the building principals
will review Team
meeting attendance
sheets to further check
compliance.
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)
SE 9
Eligibility
determination:
Timelines for
evaluation,
provision of IEP
and/or
identification of
other needed
instructional
programs
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
The district does not always
complete its evaluations within 30
SWD of receipt of the signed
evaluation consent form, nor hold a
Team meeting within 45 school
working days of receipt of the
signed evaluation consent form.
Please specifically review
with relevant personnel at the
Thoreau school the
requirement to conduct all
consented-to evaluations
within 30 SWD days from
the time consent is received
from the parent.

Student
Record
Review
Interviews
The district refers
students who are not
eligible for special
education services for
consideration for
eligibility under
Section 504
Accommodation plans.
When students are
found not eligible for
special education, the
district provides
academic support
services to them within
the general education
curriculum.
Partially not
implemented
A letter to parents from evaluators
at the Thoreau school erroneously
indicates that assessors have 45
days from receipt of parental
consent to complete testing and
provide assessment results to
parents. However, throughout
December 2004 and January 2005,
the district completed trainings on
evaluation timelines. In addition,
the district has begun using the
Eutactics Special Education
Management System as a way to
track the dates of key junctures in
the special education process and
8
Please develop a reminder
system for Team chairs at
each building to assist them
in keeping track of deadlines
concerning student
evaluations, Team meetings,
and dates by which the
provision of the IEP and
determination of placement
(PL1) to the parent must
occur. If Eutactics can serve
as both a reminder system
and a tracking system, please
specifically describe how the
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
improve compliance in this regard.
software can be used for both
purposes.

Please designate a person
responsible for facilitating
the use of this reminder
system at the building level.
This person should:
1) Ensure that Team
chairpersons are
using the reminder
system;
2) Meet with Team
chairpersons to
discuss how the
reminder system
could be improved;
3) Monitor the Team
chairpersons’
adherence to
deadlines while
using the reminder
system; and
9
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

4) Report to the
Director of Special
Education regarding
the above.
Please also develop a process
for the periodic review of the
monitoring system by the
Director of Special
Education.
Please provide
documentation of the above
requirements to the
Department by October 1,
2005.
Please use this tracking
system to perform a selfassessment of the district’s
compliance with the
requirements of this criterion
using IEPs completed
10
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

between September 2005 and
December 2005. Please
provide the results to the
Department by January 30,
2006.
11
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 12
Frequency of
reevaluation
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented
Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Student
record
review
Interviews
SE 13
Progress reports
and content
Comments Regarding
Corrective Action
Plan Implementation
Student
Record
Review
Interviews
Document
Review
With parental consent,
the district conducts a
full reevaluation of
each student in its
special education
program every three
years, or sooner if
necessary.
The district has had a
number of trainings
concerning progress
report writing as part
of progress reports
submitted subsequent
to its Coordinated
Program Review
corrective action plan.
The district submitted
attendance sheets from
progress report writing
training sessions held
on November 17, 2004
and December 2, 2004
Partially not
implemented
12
Parents of students with disabilities
may receive progress reports as
often as parents of non-disabled
peers; however, these progress
reports are not consistently
documented in the student record.
This finding may reflect a practice
for which the district is already in
the process of taking corrective
action. As noted, the district
recently implemented a process for
monitoring the process of progress
reporting.
Please conduct a random
review of 5 student records
from each school to ensure
that progress reports have
been completed
appropriately and placed in
the student record.
The records that are
randomly selected should be
those that have already been
reviewed by the individuals
at each school who are
designated responsible for
ensuring that progress reports
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

(preschool –grade 5)
and January 11, 2005
(middle school).
are appropriately placed in
the student record.
Please submit the results of
this review to the
Department on January 30,
2006.
In addition, the district
now has in place a new
process for monitoring
the frequency of
progress reports and
ensuring that they are
appropriately placed in
the student record, and
has designated
individuals in charge
of these
responsibilities and
related oversight at the
building and district
levels.
13
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

SE 15
Outreach by the
school district
(Child Find)
Implemented
SE 16
Implemented
Screening
Method(s)
of
Verification

Interviews
Document
Review
Student
Record
Review
Document
The district conducts
outreach each fall to
professionals in the
community, private
and public preschools
and daycare facilities,
private schools,
religious organizations,
parent groups, and
community agencies to
insure that all Concord
families are aware of
the special education
services available
through Concord
Public Schools. The
district updates its
contact list annually.
The district conducts
screenings of all 3 and
4 year olds and of all
kindergarteners in
accordance with 603
14
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


Review
CMR 28.03(1)(d) to
assist in identifying
students who may be
in need of referral for
evaluations for special
education.
15
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
procedures
SE 18A
IEP
development
and content
SE 18B
Determination
of placement;
immediate
provision of IEP
to parent
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
A proposed IEP is not always
provided to the parent within 3-5
days of the development of the IEP
at the Team meeting, or within 45
school working days after the
receipt of the parent’s written
See SE 9, regarding
implementing a reminder and
tracking system for district
staff to ensure that all steps
of the special education
process including the

Interviews
Document
Review
See SE 8
Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Special education
services begin by age
three. The district
implements procedures
to ensure effective
transition from early
intervention programs
and continuity of
services.
See SE 8
Student
Record
Review
Interviews
The district has basic
policies and
procedures in place
regarding
determination of
placement that are
Partially not
Implemented
16
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
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

Document
Review
consistent with state
and federal
regulations.
consent to an initial evaluation.
The labeling and identification of
service providers and frequency of
services listed on several service
delivery grids was insufficient.
Service delivery grids frequently
identified special education
personnel as “learning center staff”
or “special education staff.” All
IEPs must identify the type of
personnel who will deliver
services, and IEPs should specify
the function of the personnel
(special education teacher,
paraprofessional, etc.) as well as
the specific frequency and duration
of the services rendered. One
service delivery grid indicated that
services must be “ongoing as
needed.” The services provided to
the student must be provided for a
specific frequency and duration.
IEP Teams determine
the appropriate
placement to deliver
services on student
IEPs.
The district
consistently sends
parents notice and (2)
copies of the IEP
following the Team
meeting.
17
provision of the IEP and
determination of placement
to the parent within 3-5 days
are completed in accordance
with timelines required by
state and federal law.
Please provide training to
Team chairpersons at all
schools in the district
regarding the appropriate
way to complete the “type of
personnel” and “frequency
and duration/per cycle”
sections of the IEP service
delivery grid.
Please provide
documentation of this
training, including agendas
and attendance sheets, to the
Department by October 1,
2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Such determinations must be made
by the Team during the annual
review meetings.
Parents do not consistently receive
a copy of the proposed
determination of placement (PL-1)
following Team meetings. One
consented-to IEP was signed in
11/04, but the PL-1 was faxed to
parent in 3/05.
18
Please conduct a random
review of 3 IEPs from each
school to ensure that the
service delivery grids of
these IEPs are completed
correctly.
Please provide the results of
this review by January 30,
2006.
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
Implemented
Method(s)
of
Verification
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented

Student
Record
Review
Interviews
Document
Review
SE 22
IEP
implementation
and availability
(Emphasis on
provision of IEP
services without
delay; provision
of the IEP at the
beginning of the
school year;
Comments Regarding
Corrective Action
Plan Implementation
Implemented
Student
Record
Review
Interviews
Document
Review
IEP Teams select the
least restrictive
environment for
student consistent with
the student’s needs.
Teams do not remove
students from the
general education
curriculum because of
a needed modification
in the curriculum.
The school district has
an IEP in effect for
each student at the
beginning of the
school year. The
district has in place
policies and
procedures to ensure
that services are
provided without
delay.
19
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


and, alternative
methods of
service delivery
where there is a
lack of space
and/or
personnel)
20
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 23
Confidentiality
of personally
identifiable
information
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented

Interviews
Records
(Log of
Access)
Facilities
Check
SE 25
Parental consent
Comments Regarding
Corrective Action
Plan Implementation
Implemented
Student
record
review
Interviews
The district has trained
all special education
personnel and related
service providers
regarding the
confidentiality of
student records. The
district has remedied
previous space
constraints within
school buildings that
required service
providers to utilize
open areas to deliver
services to students
and compromised
confidentiality.
The district obtains
parental consent before
conducting initial
evaluations and reevaluations and before
making initial and
21
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


Document
Review
subsequent placements
of students in a special
education program.
When necessary, the
district utilizes a
variety of methods to
contact parents to
secure consent.
22
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 26
Parent
participation in
meetings
(Emphasis on
district’s
attempts to
ensure parent
participation at
IEP Team
meetings)
SE 27
Content of
Team meeting
notice to parent
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented
Student
record
review
Interviews
Document
review
Implemented
Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Student
record
review
Interviews
SE 28
Parent provided
the IEP or notice
of no eligibility
Comments Regarding
Corrective Action
Plan Implementation
Document
Review
Student
Record
Review
The district ensures
that parents are part of
any group that makes
decisions on the
educational placement
of their child, such as
the IEP Team. The
district makes multiple
attempts to contact
parents and documents
these attempts.
Team meeting notices
meet all content
requirements set forth
by state and federal
law and regulation.
See SE 18B
Partially not
implemented
23
See SE 18B
See SE 18B
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
together with
notification of
procedural
safeguards and
parents' rights
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


Interviews
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)
SE 29
Communications
are in English
and primary
language of
home
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented

Student
Record
Review
Interviews
The district has not
evaluated a student for
special education that
has required translated
materials. However, in
December 2004, the
district submitted its
internal plan for
monitoring the
ongoing
implementation of this
requirement with its
progress reports. The
district will rely on
collaboration between
special education, ESL
and general education
teachers regarding the
students’ and families’
need for translated
materials, with
building principals
having oversight
25
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


responsibilities as
Team chairpersons.
26
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

SE 32
Parent advisory
council for
special
education
Implemented
SE 34
Continuum of
alternative
services and
placements
Implemented
SE 36
IEP
implementation,
accountability,
and financial
responsibility
Implemented

Interviews
Document
Review
Document
Review
Interviews
Document
Review
Interviews
The district has an
active parent advisory
council for special
education that meets
the requirements of
603 CMR 28.07(4).
The district provides or
arranges for the
provision of IEPs of all
of its students by
ensuring that a
continuum of services
are available
throughout the district
to meet the needs of
students with
disabilities.
The district submitted
its policy on IEP
implementation.
Currently, providers
within Concord Public
Schools deliver all
27
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


special education
services. If the district
is unable to provide a
special education
service, it contracts
with an outside
professional at the
district’s expense.
The Director of
Special Education
monitors these
contracts.
28
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 37
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Programs for
young children
three and four
years of age
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Procedures for
approved and
unapproved outof-district
placements
SE 42
Method(s)
of
Verification
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Records of students placed in outof-district placements do not
include monitoring plans.
Likewise, the district does not
document its monitoring activities
of students in out-of-district
placements in the student record.
Please develop procedures
for monitoring the provision
of services to students in outof-district placements and for
documenting all actual
monitoring of these students
in the student record.

Document
Review
Interviews
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Document
Review
Interviews
The district enters into
written contracts with
all public and private
out of district
placements and
ensures that all
students in out of
district placements
receive the special
education services
indicated on their IEPs.
The district
coordinates Team
meetings with the
district representative
and the out of district
placement.
The district offers an
integrated preschool
program for students
with disabilities and
typical peers ages three
and four. The district
Partially not
implemented
Please submit a description
of these procedures to the
Department by October 1,
2005.
29
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


also places students at
a preschool program at
CASE collaborative
and offers related
services to students in
private preschool
programs.
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
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
The “Sample Contract” from
Concord Public Schools regarding
contracted tutoring services for
home tutoring indicates that the
district limits the amount of
individualized tutoring to be
received by a student receiving
educational services at home or in
the hospital to five hours per week.
An annotation on the district’s
“Home/hospital tutoring time
report/invoice” given to teachers
also reflects this five-hour cap.
Please revise the district’s
policy on the provision of
educational services in the
home and hospital such that
the district does not
predetermine the number of
hours of tutoring offered to
students who must access
home or hospital educational
services.

Interviews
Document
Review
School principals
promote instructional
support for students
and teachers.
Principals implement
curriculum
accommodation plans
to meet the needs of
diverse learners in the
general education
curriculum and
coordinate the delivery
of special education
services with the
Administrator of
Special Education.
The Administrator of
Special Education
supervises the
provision of all special
education services for
the district in
compliance with state
and federal special
education regulations
and the provision of
educational services to
all students at home or
in the hospital.
Partially not
Implemented
A school district may not preset the
hours of tutoring it offers to a
student who requires home or
hospital instruction; the number of
hours of tutoring offered to a
student requires such instruction
must be an individualized
determination based on the
student’s educational and medical
needs.
31
Please provide a copy of
your revised policy to the
Department by October 1,
2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
SE 54
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Implemented

Interviews
Document
Review
Professional
development
regarding
special
education
SE 56
Special
education
programs and
services are
evaluated
Method(s)
of
Verification
Implemented
Interviews
Document
Review
The district has trained
special education staff
and related personnel
in all required
professional
development areas.
The district has begun
to document all
trainings with agendas
and attendance sheets.
The district hired
educational consultants
to conduct an
evaluation of the
special education
program during the
2003-2004 school
year. In addition, the
district analyzes the
results of reading
assessments conducted
at the beginning and
the end of the school
32
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


year to get an objective
measure of student
growth and to evaluate
the efficacy of its
special education
teaching practices for
students receiving
specially designed
instruction. The
Administrator of
Special Education also
utilizes IEP Team
meeting data to assess
the district’s special
education program and
IEP Team process.
Finally, the district
utilizes the results of
parent satisfaction
surveys to improve its
practices.
Other
Requirements
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)
MOA 1
(previously
MOA 4)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

(Progress
Report)
Interviews
Identification of
limited English
proficient
students
Comments Regarding
Corrective Action
Plan Implementation
All parents complete a
Home Language
Survey along with
their registration form
upon registering
students in Concord
Public Schools. If the
survey indicates that
the student may not be
proficient in English,
the district assesses the
student using English
proficiency criteria set
by the district (see
ELE 3, below).
Partially not
implemented
The Department submitted to the
district on March 4, 2005 a
review of the district’s January
26, 2005 progress reports from
its 2001 Corrective Action Plan
before coming onsite for the
Mid-Cycle Review. The
Department’s progress report
review clearly stated that the
district was to provide
documentation as evidence of
corrective action taken to
implement this criterion along
with the documentation the
district prepared for the midcycle review.
Subsequent to the submission of
its January 2004, October 2004
and January 2005 progress
reports, the district was asked to
submit copies of its home
language survey translated into
34
As indicated in the
Department’s reviews of the
district’s January 2004,
October 2004 and January
2005 progress reports, please
translate copies of the Home
Language Survey in the highest
incidence languages of the
district’s non-native English
speakers and provide copies of
these translated Home
Language Surveys to the
Department.
Please refer to www.matsol.org
for home language surveys in
translation.
As indicated in the
Department’s reviews of the
district’s January 2004,
October 2004 and January
2005 progress reports, the
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

the highest-incidence languages
of its non-native English
speakers and was referred to
www.matsol.org for technical
assistance in this regard.
However, the district still has not
fulfilled this request. Instead, the
district submitted a form along
with the documentation it
submitted for its Mid-Cycle
review under the heading,
“Home Language Survey and
Translation Information.” This
form states in seven languages,
“If you are unable to read
English well enough to
understand school documents or
information, please contact the
office of the Assistant
Superintendent. They will help
you.” The form provides the
telephone number to the
Assistant Superintendent’s
35
district’s policy on the
assessment of LEP students
should clearly indicate that the
home language survey and
subsequent assessment is not
part of the special education
process. Please further revise
this policy on assessment of
LEP students and distribute to
all staff and administration.
Please provide a copy of the
revised policy to the
Department along with
documentation of its
distribution.
Please provide all of the above
documentation to the
Department by October 1,
2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

office.
Although a roster submitted by
the district indicates that the
parents of LEP students in the
district are currently bilingual,
and although the district has a
low incidence of LEP students
and families, it must prepare
itself for a situation that may
arise in which a parent is unable
to understand the Home
Language Survey in English.
The form referring parents to the
Assistant Superintendent’s office
may prove to be an effective
supplementary method of
outreach; however, this form
may not substitute for having
translations of the Home
Language Survey readily
available in the district
36
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

The Department’s April 20, 2004
response to the district’s January
2004 progress reports, asked the
district to revise its policy on
“Identification of Students Who
Do Not Speak English” to clearly
indicate that the Home Language
Survey is not part of the special
education evaluation process. In
the December 24, 2004 response
to the district’s October 2004
progress reports, the Department
again asked the district to revise
its ELE policy such that it clearly
indicated that the home language
survey and subsequent
assessment process was not part
of the special education process.
Finally, in the Department’s
March 4, 2005 response to the
district’s January 2005 progress
reports, the Department
requested this revision for the
37
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

third time. The policy submitted
to the department for the
district’s Mid-cycle review,
“Procedures for Annual
Assessment, Programs and
Support for ELL Students” is
identical to that submitted to the
Department with the district’s
January 2005 progress reports.
MOA 2
(was MOA 5)
Program
modifications
and support
services for
Not
Implemented
Document
Review
Interviews
The district identified
the ELL staff members
(called “ESL Tutors”)
assigned to provide
direct instruction in
English language
In October 2004, the district
submitted its “Procedures for
Annual Assessment, Programs and
Support for ELL Students” to the
Department. The Department
reviewed this policy in December
38
Please provide the revised
policy on “Procedures for
Annual Assessment,
Programs and Support for
ELL Students.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
limited English
proficient
students
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
2004 and asked the district to
revise this policy and review these
changes with all district staff and
administrators, not just those
providing SEI. In January 2005,
the district submitted further
progress reports to the Department
that were reviewed in March 2005.
The district’s “Procedures for
Annual Assessment, Programs and
Support for ELL Students” was
found to require further revision
and the district was asked to
provide documentation of how it
distributed the revised policy to
staff and administration. To fulfill
this requirement, the district
submitted an agenda from a
meeting held in October 2004,
before the Department’s request to
revise and redistribute it.
The district must develop a
comprehensive action plan to
bring its ELE program into
full compliance with M.G.L.
Chapter 71A during the
2005-2006 school year.

acquisition and/or inclass support and
submitted the names
and certifications or
credentials of these
individuals.
The district submitted
various lists of the
students assigned to
the “ESL tutors” and
designated the duration
and nature of language
support services
provided to them (e.g.
in-class support or pull
out).
The district provided a
narrative stating that
ELE policies were
The district did not provide names
39
Please submit this action
plan and all above
documentation to the
Department by October 1,
2005.
Please submit documentation
that this revised policy has
been distributed to all staff
and administration
throughout the district by
January 30, 2006.
SEE ALSO ELE 5, ELE
14, and ELE 15
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

discussed at an
administrative meeting
held on October 27,
2004 and that
principals in turn were
responsible for sharing
information from this
meeting with building
staff. The district
included an agenda
from this meeting.
of all classroom teachers at the
elementary and middle school
levels who currently have LEP
students in their classrooms and
evidence of each teacher’s
participation in a minimum of ten
hour of sustained and intense
professional development along
with clear specification of the type
of professional development each
classroom teacher participated in
and when it took place. The
Department requested this
information in its March 2005
review of the district’s January
2005 progress reports as
documentation to be provided to
the Department when it arrived
onsite for its Mid-cycle review.
At present, the district has not yet
implemented Sheltered English
Immersion (SEI). It is aware of the
40
SEE ALSO MOA 1.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

requirement that all teachers of
LEP students require at least 10
hours of “intense and sustained”
professional development in the
four competencies of SEI;
however, at the time of the
district’s onsite, teacher training
had been inconsistent and
incomplete. Thus, the district’s
English language education
program consisted largely of
pullout or in-class language
support provided by the district’s
three “ESL tutors” or
paraprofessionals. One of these
“tutors” is a certified ESL teacher,
and the remaining two individuals
are paraprofessionals. Interviews
with the district indicate that both
of these individuals have received
some training in SEI. However,
because of the lack of systematic
training of the district’s teachers,
41
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

the district is out of compliance
with a number of requirements of
MGL Ch.71A regarding program
placement and structure and
licensure requirements of program
staff (See ELE 5, ELE 14 and ELE
15 below).
MOA 4
(was MOA 11)
Partially
Implemented
Document
Review
Interviews
The district
acknowledges that
METCO students are
overrepresented in
special education. In
its submission of
progress reports to the
Department on
October 1, 2004, the
district submitted the
results of a review of
the disproportionality
of METCO students in
Partially not
implemented
The Department requires additional
information concerning the
district’s ongoing efforts to reduce
disproportionality.
Please submit a narrative to
the Department describing
the progress the district is
making in its efforts to
reduce disproportionality in
the number of METCO
students in special education,
in accordance with the plan it
submitted to the Department
on October 1, 2004.
Please include in the
district’s plan a method to
42
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

special education and
indicated that it is
taking steps to reduce
this disproportionality.
These steps include
examining the
assessment instruments
used by the district and
evaluating the district’s
teaching practices
monitor and evaluate the
type and efficacy of
instructional interventions
received in the general
education curriculum by
students in the METCO
program who are having
difficulties in their academic
programs.
Please evaluate the district’s
special education referral
data to determine whether
changes have occurred
because of the district’s
effort to reduce
disproportionality in the
number of METCO students
referred for evaluation.
Please submit the above
materials to the Department
by January 30, 2006.
43
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

MOA 6
Availability of
in-school
programs for
pregnant
students
Implemented
MOA 7
Information to
be translated
into languages
other than
English
Implemented

Document
Review
Interviews
Document
Review
Interviews
The district submitted
its revised policy on
pregnant students to
the Department with
its progress reports in
January 2004. The
policy is consistent
with MGL Ch. 71
Section 84 and has
been adopted by the
district’s school
committee.
In response to the
Department’s review
of the district’s
October 2004 progress
reports, the district
reviewed its
information on the
primary languages of
the parents/guardians
of students in the
44
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified


district as well as
current student
enrollment data to try
to determine those
students who may have
required translated
information and/or
interpreter services.
The district’s review
indicated that during
SY 2004-2005, no
families of enrolled
students required
translated materials.
The Department
reminds the district of
its obligation to
continue to monitor
enrollment data of LEP
students and families
to determine whether
they require translated
materials.
45
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 10A
Student
handbooks and
codes of
conduct
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Document
Review
The district submitted
student handbooks for
its elementary and
middle schools to
fulfill this criterion.
Partially not
implemented
The student handbooks are missing
the following elements:
Concord Middle School
 The handbook and code of
conduct does not reference
MGL Ch. 76, sec. 5.
 The code of conduct
contains a strong antiharassment statement and a
detailed explanation of
what constitutes verbal and
sexual harassment.
However, although the
policy directs students to
talk to a member of the
faculty or administration
about their concerns if they
believe that harassment has
occurred, it does not
include a procedure for
investigating and resolving
complaints of harassment.
46
Please revise or correct the
school handbooks as
indicated.
Please note that the district
can prepare one code of
conduct that contains all
required elements for use
across all schools.
Please submit a draft of the
revised handbook
information for the 20052006 SY to the Department
for review by October 1,
2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

 The handbook lacks
procedures assuring due
process in disciplinary
procedures. Students are
assigned sanctions before
“disciplinary conferences”
are held. At disciplinary
conferences, “the
administrator discusses
his/her findings from the
investigation and leads a
discussion explaining what
will happen after the
student completes the
discipline. The parents and
the administrator have an
opportunity to formerly
repeat their side of the
story.”
Thoreau School:
 The code of conduct does
not contain procedures
assuring due process in
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)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

disciplinary proceedings.
 The code of conduct does
not contain appropriate
procedures for the
discipline of students with
special needs and students
with 504 Accommodation
plans.
 The section entitled
“Special Education Service
Delivery at Thoreau”
contains erroneous
information regarding the
special education referral
process. The handbook
indicates that
parents/guardians may
refer students for special
education evaluations.
However, the handbook
states that referrals for
evaluation must be made in
writing. The handbook
48
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

also states, “After the
parents or guardians have
met with the elementary
Team chair…and agreed
upon and documented what
assessments will be done
and what questions the
evaluation seek to answer,
the Team has thirty school
days to complete the
assessments.” (Emphasis
added.)
Parent or teacher referrals
for special education
evaluations may be oral or
in writing. The school
district must respond to the
parent’s request for
evaluation by sending
written notice to the parent
along with an evaluation
consent form within 5
49
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

school days of receipt of
the referral. See 603 CMR
28.04 (1)(a)-(b). The
district may not delay the
special education referral
and evaluation process by
requiring parents to meet
first with the Team
chairperson before issuing
the notice and consent to
evaluate form that activates
the special education
timelines regulated by state
and federal law.
The handbook states that in
order for a student to be
eligible for special
education, the student must
have a disability and be
“failing to make reasonable
progress”. The handbook
states, “both of these
50
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

conditions need to be true”
in order for the child to be
eligible to receive special
education services. Please
note that the determination
of eligibility for special
education is based in part
on whether a student with
a disability is making
effective progress in school
(not “reasonable
progress”). Eligibility
determination also
involves considerations
such as whether the lack of
effective progress is a
result of the student’s
disability and whether the
student requires specially
designed instruction and/or
related services to make
effective progress in order
to access the general
51
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

curriculum.
Alcott School:
 The handbook or code of
conduct does not contain a
non-discrimination policy
that is consistent with and
references MGL Ch. 76,
sec. 5.
 The school does not have a
code of conduct that
includes procedures
assuring due process in
disciplinary proceedings
and appropriate procedures
for disciplining students
with special needs and
students with section 504
plans.
 The school does not have a
code of conduct that
contains the school’s
procedure for accepting,
52
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

investigating and resolving
complaints alleging
discrimination or
harassment and the
disciplinary measures that
the school may impose if it
determines that harassment
has occurred.
Willard School:
 The student code of
conduct does not assure
due process in disciplinary
proceedings.
 The student code of
conduct does not contain
appropriate procedures for
the discipline of students
with special needs and
students with section 504
accommodation plans.
53
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 11A
Designation of
liaison/coordinat
or
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
The district did not submit its
policies and grievance procedures
for students or staff providing for
prompt and equitable resolution of
complaints regarding
discrimination based on disability
or sex. The district did not
indicate whether it also intends for
the harassment policy to be
followed for grievances concerning
discrimination based on disability
or sex.
Please submit to the
Department your policies and
procedures for students and
staff providing for prompt
and equitable resolution of
complaints regarding
discrimination based on
disability or sex.

Document
Review
Interviews
The district indicates
that Assistant
Superintendent Diana
Rigby is the district’s
liaison for homeless
students as well as the
“coordinator for
compliance.”
Partially not
implemented
The district submitted
its policies on sexual
harassment in the
workplace and its
grievance procedures
for staff who have
experienced sexual
harassment.
The sexual harassment policies
submitted by the district list as a
contact person an individual who is
no longer in the district rather than
Ms. Rigby, the district’s
compliance coordinator.
Please explain how parents,
staff, students, and all other
members of the school
community are notified
regarding the contact
information of the
Compliance Coordinator, as
this information had not been
updated in the school
handbooks.
Please submit the above
documentation to the
Department by October 1,
54
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
MOA 12A
Annual and
continuous
notification
concerning
nondiscriminati
on and
coordinators;
grievance
procedures
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Document
Review
The district has in
place a school
committee policy on
equal educational
opportunity.
Partially not
Implemented
The district provides
notification on its
employment
opportunities that it is
an “equal opportunity
employer”.
The notification on the district’s
employment advertisements
indicates that the district is an
“equal opportunity employer” and
that the district is “firmly
committed to diversity.” However,
this notice does not specifically
indicate that the district does not
discriminate on the basis of race,
color, national origin, sex,
disability, religion or sexual
orientation.
The district’s student handbooks do
not consistently provide the name,
office address and phone number
of the person designated under
MOA 11A to coordinate
compliance under Title IX and
Section 504.
55
2005.
Please demonstrate that the
district has distributed the
name, office address and
phone number of the person
designated under MOA 11A
to coordinate compliance
under Title IX and Section
504. This information may
be included in the student
handbooks or distributed to
parents in an alternate
method.
Please ensure that all
employment opportunities
advertised by the district
contain the necessary
assurances required under
this criterion. Please revise
the employment
advertisement template
utilized by the district to
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

contain such assurances.
MOA 21
Implemented
Staff training
regarding civil
rights
responsibilities
Document
Review
Interviews
Please submit the above
documentation to the
Department by October 1,
2005.
As requested in the March 4,
2005 progress reports, please
submit a finalized revision of
the district’s
antidiscrimination policy to
the Department upon its
approval by the School
Committee.
The district provides
the required in-service
training to all school
personnel regarding
civil rights
responsibilities.
Please submit the above
documentation to the
Department by January 30,
2006.
MOA 22
Accessibility of
district
Implemented
Facilities
check; onsite
verification
The district has
redistributed its use of
classroom space such
that hallways and open
56
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

programs and
services for
students with
disabilities
MOA 23
Method(s)
of
Verification

Interviews
Implemented
Facilities
check
spaces are no longer
used to provide special
education services
such as assessment and
tutoring. Doors and
hallways that were
found to be
inaccessible during the
2001 Coordinated
Program Review have
been repaired and/or
reconstructed to allow
students with special
needs to exit and/or
enter classrooms
independently. The
substantially separate
classroom at the
middle school has been
relocated to a central
location.
Facilities utilized by
students of different
57
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Annual
Assessment
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Comparability
of facilities
ELE 1
Method(s)
of
Verification
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
The district’s policy from 20042005 states that LEP students
participated in the MEPA in
September/October but does not
indicate that LEP students also
participated in this annual
assessment in the Spring. During
the 2004-2005 school year, districts
were to administer the MEPA
twice to all enrolled LEP students
in both fall 2004 and spring 2005.
This testing schedule is changing
for the 2005-2006 school year.
Please submit a schedule for
the district’s annual
assessment of LEP students
for the 2005-2006 school
year.

Interviews
Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Document
Review
groups such as LEP
students and students
with special needs are
comparable in all
respects.
Annually, Limited
English Proficient
(LEP) students
participate in the
MCAS, MEPA and
MELA-O. Qualified
staff members
administer the MELAO to students.
Partially not
Implemented
Please visit
http://www.doe.mass.edu/ell/
assess.html and click on the
links under “English
Proficiency Assessments” for
updated guidance on these
requirements. Please note
that these links most likely
will be updated during
summer 2005.
Please provide this
58
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

documentation to the
Department by October 1,
2005.
ELE 2
Partially
Implemented
Document
Review
LEP students
participate in MCAS.
Partially not
implemented
MCAS
ELE 3
Initial
Identification
Partially
Implemented
Document
Review
The district screens all
incoming students who
may be potentially
LEP with a Home
Language Survey.
When the HLS
indicates that the
students may be non-
Partially not
Implemented
59
The district does not have formal
procedures in place to inform
parents or guardians of LEP
students of the option not to take
the MCAS English Language exam
during the students’ first year that
they are identified LEP.
At present, the district does not
provide students with a translated
home language survey. See MOA
5, above.
Please develop procedures
for informing
parents/guardians of LEP
students of the option not to
participate in MCAS during
the first year that the student
is identified as LEP.
Please provide this material
to the Department by
October 1, 2005.
As indicated in the
Department’s reviews of the
district’s January 2004,
October 2004 and January
2005 progress reports, please
translate copies of the home
language survey in the
highest incidence languages
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance

of the district’s non-native
English speakers.
native speakers of
English, the district
assesses the students’
English proficiency
using the IPT-Oral and
Language Assessments
and the LAS Reading
and Writing
Assessments.
ELE 4
Not
Implemented
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
Please refer to
www.matsol.org for home
language surveys in
translation.
Document
Review
The district has indicated that no
parents of LEP students have
requested a waiver.
However, the district does not have
waiver implementation practices in
place should one be requested.
Waiver
Procedures
60
Please provide this
documentation to the
Department by October 1,
2005.
The district must develop
waiver implementation
procedures, including a local
waiver form.
Should the district receive a
request for a waiver, the
district must also develop a
class roster of students who
have been waivered.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
ELE 5
Program
Placement and
Structure
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Document
Review
Partially not
implemented
At the time of the Department’s
onsite visit, the district had not
fully implemented a sheltered
English immersion model (SEI).
LEP students are integrated in
mainstream classrooms with
English-speaking peers and
provided pull-out or in-class
academic support by “ESL tutors”
to support their language learning
needs. It is unclear to what extent
teachers have been trained in SEI.
As a result of outstanding progress
reports reviewed in January, 2005,
the Department requested from the
district a list of teachers from the
elementary and middle school
levels who have LEP students in
61
Please provide this
documentation to the
Department by October 1,
2005.
Provide a district-wide plan
for ensuring that all Limited
English Proficient Students
are placed in sheltered
English immersion or twoway bilingual classes with
qualified staff. This plan
should include a strategy for
ensuring that all teachers
receive the training required
to teach in an SEI classroom.
This plan must be
comprehensive and must
bring the district into full
compliance with M.G.L.
Chapter 71A during the
2005-2006 school year.
Please provide this plan to
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

their classes and a description of
the nature, type, dates and duration
of professional development
undertaken by these classroom
teachers. The district did not
submit this to the Department, but
rather submitted a series of fliers
with some dates circled. As such,
it is not possible to determine
which teachers attended these
trainings and whether those who
did attend have LEP students in
their classrooms.
The district recognizes the need to
develop and implement a
professional development plan that
will bring all teachers to the
required threshold of 10 hours of
intense and sustained professional
development. The district has one
certified ESL teacher providing
language instruction and two
62
the Department by October
1, 2005.
As requested in March 2004
as part of the onsite
documentation please
provide the following:
1. names of all classroom
teachers at the
elementary and middle
school levels who
currently have LEP
students in their
classrooms and evidence
of each teacher’s
participation in a
minimum of ten hour of
sustained and intense
professional
development. Please
clearly specify the type
of professional
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

paraprofessionals.
development each
classroom teacher
participated in and when
it took place.
Please submit the above
documentation to the
Department by October 1,
2005.
Please note that training must
cover all four SEI
competencies: learning and
teaching; sheltering content
instruction; assessment of
speaking and listening; and
teaching reading and writing.
See
www.mass.doe.edu/ell/guida
nce.html for more assistance.
Specifically, click on
“Guidance on Qualifications
63
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

for Teachers of English of
Limited English Proficient
Students in Sheltered English
Immersion Classrooms.”
SEE ALSO MOA 2.
ELE 6
Implemented
Document
Review
Not
implemented
Document
Review
Program Exit
and Readiness
ELE 7
The district takes into
consideration
quantitative and
qualitative measures of
student achievement
and language
proficiency and
ensures that students
can meet grade level
content standards
before exiting them
from the district’s
language support
program.
The district does not have a formal
mechanism for involving parents or
64
Please develop a plan to
involve parents of LEP
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Parent
Involvement
guardians of LEP students in
matters pertaining to their
children’s education.
students in matters pertaining
to their children’s education.
Mechanisms for parental
involvement may include,
but are not limited to, the
development of Parent
Advisory Council on English
language education or the
solicitation of parental
membership on school-based
councils or in school-based
organizations. Such efforts
should focus on outreach to
parents of LEP students.
The district should document
the availability of such
mechanisms and its efforts to
involve parents in them.
Please provide this
documentation to the
Department by October 1,
65
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

2005.
ELE 8
Not
Implemented
Document
Review
The district does not have policies
and procedures in place should a
parent wish to have their child opt
out of the district’s ELE program.
Declining Entry
to a Program
Please develop formal
written policies should a
parent wish to have their
child opt-out of the district’s
ELE program.
These policies should
include:
 notifying parents of
their right to have
the student opt out of
the district’s
program;
 the requirement to
document the
parent’s decision to
opt the student out of
the program; and
 the district’s
obligation to
66
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

continue to keep
parents appraised of
the student’s
progress in the
general education
English classroom to
ensure that his/her
instructional needs
are addressed.
For the specific legal
requirements concerning optout, please see
http://www.doe.mass.edu/ell/
laws.html and click on
“Questions and Answers
Regarding Chapter 71 A…”
Please provide this
documentation to the
Department by October 1,
2005.
67
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
ELE 9
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
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
Upon placing a student in its ELE
program, the district sends parents
a “Parent Consent Form”
informing them that the student has
been recommended to receive ELE
tutoring for a specified period of
time and seeking parental consent
for the delivery of these services.
Written consent for an LEP student
to receive the appropriate
instructional program is not
required.
The district must revise its
English Language Education
parental notification
procedures to comply with
MGL Chapter 71A Sec. 7.
Specifically, upon placement
in the ELE program, a
district should send written
notice to parents that
contains the following
elements.
 The reasons the
student has been
identified LEP;
 The student’s level
of English
proficiency;
 The student’s

Implemented
Document
Review
LEP students are
educated in classrooms
with age-appropriate
peers.
Partially
Implemented
Document
Review
LEP students receive
progress reports and
report cards in the
same manner and with
the same frequency as
English speaking
students. If necessary,
the report cards are
translated; however,
the district reports that
all parents are
bilingual.
Instructional
Grouping
ELE 10
Comments Regarding
Corrective Action
Plan Implementation
68
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting


placement and/or
method of
instruction within the
district’s ELE
program;
The parent’s right to
apply for a waiver or
to decline to enroll
their child in the
program.
Please provide this
documentation to the
Department by October 1,
2005.
ELE 11
Equal Access to
Academic
Programs and
Services
Partially
Implemented
Document
Review
The district did not
directly address this
criterion in its selfassessment, but rather
submitted its Grades
K-12 Learning
Partially
Implemented
69
It appears that the district does not
have formal policies and
procedures in place to ensure that
all tenets of this criterion are
implemented and that LEP students
are afforded equal access to all
Please develop a plan to
ensure that LEP students are
afforded full access to all
academic programs and
services including counseling
and guidance services, as
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
ELE 12
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Not
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
academic programs and services
throughout the district. For
example, the district does not have
policies in place to ensure that LEP
students receive academic support
services such as guidance and
counseling in their primary
language, should they require such
services. Further, as previously
noted the district is not providing
LEP students with Sheltered
English Immersion as required by
Chapter 71A.
well as all academic supports
and services detailed in the
schools’ DCAPs.
The Department is unable to
determine the extent to which LEP
Please describe how the
district ensures that LEP

Document
Review
Outcomes and its
Grades 1-5 Curriculum
Overview to
demonstrate that LEP
students are educated
with their Englishspeaking peers and
participate fully with
such peers in courses
that are fully aligned
with the Massachusetts
Curriculum
Frameworks in all
content areas. One
LEP student’s schedule
submitted under
another criterion
indicated that the
student received
language support
during art class.
As above, the district
did not address this
Not
Implemented
70
Please provide this material
to the Department by
October 1, 2005.
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Equal Access to
Non-Academic
and
Extracurricular
Programs
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

criterion in its selfassessment but rather
submitted the cover
page of the sports
section of the Concord
Middle School’s web
page
students are involved in
extracurricular activities in the
district.
students in different grade
levels are provided support,
where necessary, in
extracurricular and non
academic activities (clubs,
plays, sports, etc).
Please submit
communications to parents of
LEP students making them
aware of and encouraging
students’ participation in
such activities.
Please list the extracurricular
activities in which the
district’s LEP students are
involved. You may list these
activities next to their names
on the class roster.
Please also develop a plan to
ensure that LEP students
71
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

continue to be afforded
access to and are supported
in non-academic activities.
Please submit all
documentation to the
Department by October 1,
2005.
ELE 13
Partially
Implemented
Document
Review
Follow up
support
ELE 14
Licensure and
Partially
Implemented
Document
Review
Using quantitative and
qualitative sources,
building principals
monitor the progress of
FLEP students who
have exited the ELE
program.
Partially not
Implemented
All teachers in the
district’s English
language classrooms
Partially not
Implemented
Students are monitored for one
year, not two, as required by Title
VI.
Please revise the district’s
policies and procedures such
that students are monitored
for two years following their
exit from the program.
Please provide this
documentation to the
Department by October 1,
2005.
72
All teachers in the district’s
English classrooms who are
delivering instruction to LEP
See requirements of MOA 1,
regarding developing a plan
to ensure that all teachers
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Professional
Development
Requirements
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

possess a teacher’s
license and are
therefore fluent and
literate in English.
Partially
Implemented
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Fluency
Requirements
ELE 15
Comments Regarding
Corrective Action
Plan Implementation
Document
Review
Some teachers in the
district’s classrooms
have had professional
development in SEI.
Partially not
implemented
students have appropriate content
certification but most have not
received the requisite 10 hours of
intense and sustained professional
development to teach in Sheltered
English Immersion (SEI)
classrooms. (see MOA 1)
who provide instruction to
LEP students are
appropriately qualified.
Some teachers in the district who
are teaching in Sheltered English
Immersion classrooms have not
received the requisite 10 hours of
intense and sustained professional
development. The district is aware
of the need to develop a
professional development plan and
is in the process of developing such
a plan.
Please develop a plan for
training staff in the four
competencies of SEI
instruction:
learning and teaching;
sheltering content
instruction; assessment of
speaking and listening; and
teaching reading and writing.
Please provide this
documentation to the
Department by October 1,
2005.
SEE ELE 5, 14.
Please provide this
documentation to the
73
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Department by October 1,
2005.
See
www.mass.doe.edu/ell/guida
nce.html for more assistance.
Specifically, click on
“Guidance on Qualifications
for Teachers of English of
Limited English Proficient
Students in Sheltered English
Immersion Classrooms.”
ELE 16
Implemented
Document
Review
Partially
Implemented
Document
Review
Equitable
Facilities
ELE 17
DOE Data
Submission
Interviews
The district submitted
a statement that LEP
students are provided
services in the same
facilities as the general
student population.
The district informally
evaluates the
effectiveness of its
ELE programs by
Partially not
implemented
74
The district does not yet have a
formal means of evaluating its ELE
program to identify areas of needed
improvement. The district does
Please develop a formal plan
to evaluate the effectiveness
of the district’s ELE
program. Please submit a
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Partially
Implemented
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting
not systematically compile the
results of tests and evaluations such
that this data can be used to
identify such areas of needed
improvement
description of this plan to the
Department by October 1,
2005.
The district has not documented a
plan for maintaining cumulative
records of English Language
Please develop a plan for the
oversight and monitoring of
student records of LEP

examining students’
assessment scores and
district benchmark
scores to see whether
students are
progressing within the
program. The district
also submitted a blank
spread sheet from the
Thoreau School titled
“2004-2005 ELL
student Progress” but it
is unclear whether all
schools use such
spread sheets and
whether the district
plans to monitor the
spreadsheets from
central administration.
ELE 18
Records of LEP
students
Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Document
Review
The district did not
submit any
documentation to the
Partially not
implemented
75
Criterion
Number
and
Topic
(Refer to full
text of
requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s)
of
Verification
Comments Regarding
Corrective Action
Plan Implementation
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

Findings Regarding Incomplete
Implementation of Approved
Corrective Action Plan or
Identification of Additional
Issues of Noncompliance
Further Corrective Action
Ordered by the
Department of Education
and Timelines for
Implementation and
Further Progress
Reporting

Department regarding
this criterion; however,
the district keeps
student records for
LEP students.
learners to include all documents
required under 603 CMR 23.05;
23.07; and MGL c.69 sec. 1L and
Title VI.
76
students to ensure that
records contain all elements
required by federal and state
law. Please submit
documentation of this plan to
the Department by October
1, 2005.