The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338- 3000 July 12, 2006 John Rappaport, Head of School Conservatory Lab Charter School 25 Arlington Street Brighton, MA 02135 Re: Mid-cycle Coordinated Program Review Report Dear Mr. Rappaport: Enclosed is the Department of Education's Mid-cycle Coordinated Program Review Report (Mid-Cycle Report). This report contains findings based on onsite monitoring conducted to verify the implementation and effectiveness of corrective action approved by the Department to address findings of noncompliance included in the Conservatory Lab Charter School Coordinated Program Review Report issued on August 30, 2002. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been newly created or substantially changed in response to IDEA 2004. As you know, another component of the Department’s Mid-cycle Review is the review of your charter school's self-assessment in the area of English learner education (ELE). The purpose of this review is to determine whether your district is implementing the significant changes in M.G.L. Chapter 71A, governing the education of limited English proficient students, that were adopted by voters by means of Question 2 in 2002. The Department has reviewed your school’s ELE self-assessment documents, reviewed ELL student records, and conducted interviews with ELL staff, and, based on those sources, is providing you with comments on your ELE program and, where necessary, corrective action to be implemented. Your school is urged to request technical assistance in relation to any of these comments or prescribed corrective action. To secure assistance, you may consult with your Mid-cycle Review Chairperson or call Robyn Dowling-Grant in Program Quality Assurance Services at 781-338-3732. You may also consult with staff in the Department’s Office of Language Acquisition and Achievement at 781-338-3534 and obtain additional ELE guidance documents through the Department’s web site at http://www.doe.mass.edu/ell/. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 1 of 34 While the Department of Education found Conservatory Lab Charter School to have resolved certain noncompliance issues, others were partially corrected or not addressed at all, or the Department’s onsite team identified new issues of noncompliance, either noncompliance with special education criteria added or substantially changed in response to IDEA 2004, noncompliance with ELE criteria, or other new noncompliance. Where the district has failed to implement its approved Corrective Action Plan, the Department views these findings to be serious. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. You will find these requirements for corrective action included in the attached report, along with requirements for progress reporting. Please provide the Department with your written assurance that all of 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 Midcycle Review Chairperson by July 21, 2006. Your staff's cooperation throughout these follow-up monitoring activities is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact the Midcycle Review Chairperson at 781-338-3741. Sincerely, Jane L. Ewing, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Katharine Pell, Chairperson, Conservatory Lab Charter School Board of Trustees Mark Jacobson, District Program Review Follow-up Coordinator Encl.: Mid-cycle Coordinated Program Review Report Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 2 of 34 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT CONSERVATORY LAB CHARTER SCHOOL ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL NONCOMPLIANCE REQUIRING CORRECTIVE ACTION Date of Coordinated Program Review (CPR): May 10-16, 2002 Date of Coordinated Program Review Corrective Action Plan Approval: November 12, 2002 Dates of Corrective Action Plan Progress Reports: May 14, 2003-May 26, 2006 Dates of this Mid-cycle Review Onsite Visit: May 30-31, 2006 Date of this Report: July 12, 2006 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 3 of 34 Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified Student records indicate that the school uses a nonstandard N3A Evaluation consent that does not clearly indicate the parent/guardian’s right to request optional or additional assessments beyond what the school has proposed. Please see Corrective Action under SE 24. Special Education Criteria Originally Cited in CPR Report and Monitored in Mid-cycle SE 2 Optional Assessments Student records and document review In addition, student records did not contain the required educational assessment (please see forms A and B on the DOE website at http://www.doe.mass.edu/ Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 4 of 34 The “Educational Assessment: Part A” and “Part B” forms are recommended by the Department as they contain all of the necessary elements to meet the requirements of 603 CMR 28.04(2)(a) 2. The Educational Assessment is a required assessment for an initial /re-evaluation. Assessments such as the WJIII or the GORT should be noted under “Assessments in all areas of the suspected disability” and listed by name on Evaluation Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting sped/28mr/28r1.doc). Consent Form (N1A). Please review current practice in providing initial evaluations and re-evaluations and make sure that the Educational Assessment reports are complete and address all required elements. Please provide a sample of Educational Assessment reports from initial evaluations and re-evaluations between September 2006 and October 2006 to the Department by October 30, 2006. SE 3 Specific learning disability Statutory requirements for the determination of specific learning disabilities have been revised under the recently reauthorized IDEA 2004. Therefore, until final implementing regulations have been adopted, the Department Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 5 of 34 Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified The parent request form contains an outdated reference to 766 regulations. Wording in this letter may also mislead parents to believe that Conservatory Lab Charter School is automatically required to fund an independent evaluation. Please review 603 CMR 28.04(5) and revise the letter to reflect current regulatory requirements for Independent Evaluations. Please submit the revised letter to the Department by October 30, 2006. 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, a progress report describing final actions on the part of the school district will be due in June 2006 or upon the promulgation of final federal regulations, whichever is later. SE 11 Parental request for independent evaluation Document review Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 6 of 34 Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification SE 18B Provision of IEP to parent Student records and staff interviews Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified According to interviews, parents do not consistently leave Team meetings with a copy of the IEP and/or a copy of the meeting notes summarizing the main points of agreement, service delivery grid information and the goals. Please see the Department’s guidance on this area at http://www.doe.mass.edu/ pqa/news02/0725let.html. . Please revise the school’s procedures on the provision of the IEP or copy of meeting notes/service delivery grid to parents immediately following a Team meeting and provide a description of the procedures, evidence of any training for staff on the new procedures, and evidence of selfmonitoring to ensure the new procedures are being implemented, to the Department by October 30, 2006. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 7 of 34 Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification SE 24 Notice to parents Student records, staff interviews, and document review Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Not to have been Implemented Student records indicate that Conservatory Lab is still using special education forms, including the Notice of Proposed School District Action (N1), the Evaluation Consent Form (N1A), the Notice of School District Refusal to Act (N2), the Meeting Invitation (N3), and the Attendance Sheet (N3A), designed by a consultant that do not contain all elements of notice required by state and federal educational law. Please review all special education forms and revise as necessary to include the elements of notice required by state and federal law. Please submit the school’s revised N1, N1A, N2, N3, and N3A in particular and any others revised as needed, to the Department by October 30, 2006. Please refer to the special education forms on the Department’s website http://www.doe.mass.edu/ sped/iep/ for guidance. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 8 of 34 Additionally, provide training for key staff on the use of these forms. Please submit documentation of the training as well as evidence that the school is monitoring to ensure that the new forms are being used and that they contain the required content to the Department by October 30, 2006. Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Staff interviews and document review SE 38 Educational services in institutional settings (ESIS) SE 53 Use of paraprofessionals Substantially implemented Document review and interviews Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Not to have been implemented √ At present charter schools are responsible for providing educational services for enrolled children in institutional settings. Conservatory Lab must develop appropriate procedures to assure the implementation of its responsibilities to students in institutional settings by acting on requests for evaluation, issuing proposed IEPs in a timely manner, and providing special education and/or related services in accordance with state and federal law. Please develop a procedure to assure the implementation of Con Lab’s responsibilities to students in institutional settings by acting on requests for evaluation, issuing proposed IEPs in a timely manner, and providing special education and/or related services in accordance with state and federal law, to the Department by October 30, 2006. Document review and interviews demonstrate that paraprofessionals are supervised appropriately by the special education staff and Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 9 of 34 Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Not to have been effective √ According to staff interviews, the ELE teacher is not able to attend weekly professional development sessions through the school because they are scheduled on a day when she is not in the school. Please develop a means by which to provide or include the ELE staff member with the opportunity to access professional development activities in the 3 key topics cited in this standard, including training on state and federal special education requirements and related local special education policies and procedures; analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse learning styles; and methods of collaboration among teachers, paraprofessionals and teacher receive professional training with the special education and general education teachers. SE 54 Professional development Staff interviews Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 10 of 34 Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting assistants to accommodate diverse learning styles of all students in the regular classroom. Please prove a description of how this will be accomplished, to the Department by October 30, 2006. SE 56 Special education program evaluation Staff interviews and document review Not to have been effective √ Although the school provided an evaluation report of its special education services in response to a required CPR corrective action, interviews indicate that the school does not regularly review the effectiveness of its special education programming. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 11 of 34 Please develop a method by which the school regularly determines the effectiveness of programs in assisting students to achieve goals set forth on their IEPs and identify areas that need improvement or that must be developed. This method should use data from annual IEP reviews; the success of special education students on school and statewide assessments; and the expulsion, retention, and rates of students with disabilities. Criterion Number and Topic (Refer to full text of 2005-2006 CPR requirements) Approved Corrective Action Determined to be Implemente d and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Please provide a copy to the Department of the school’s evaluation activities by October 30, 2006. Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented (Refer to full text of 20052006 CPR requirements) Special Education Criteria created or revised in response to IDEA-2004 SE 6 Determination of Transition Services Not applicable Conservatory Lab Charter School is a K-5 elementary school. Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Not applicable Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 12 of 34 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented (Refer to full text of 20052006 CPR requirements) Document review and staff interviews SE 8 IEP Team composition and attendance SE 9 Timeline for determination of eligibility SE 12 Frequency of re-evaluation Substantially implemented Student records and staff interviews Student records Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Partially implemented Interviews indicate that the special education coordinators often chair Team meetings but they do not have authority to commit the school’s resources. Please provide written clarification regarding who has the authority to commit school resources and evidence of training provided to key personnel, if new to this role to the Department by October 30, 2006. Partially implemented Student records indicate that students are not always evaluated prior to a finding of no eligibility in cases where the student is moved to a 504 plan while still retaining related services. Please review all student records in which the student was moved from an IEP to a 504 plan. In any case where the student was removed from the IEP without evaluation, please provide the student’s parents with an Evaluation Consent form and proceed to evaluate the student. The school has developed a means by which to track timelines; student record review demonstrated that assessments are generally completed within 30 days and eligibility meetings are conducted within 45 days of receipt of the signed evaluation consent form. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 13 of 34 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented (Refer to full text of 20052006 CPR requirements) Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Provide the Department with a list (using initials) of students impacted, with the date of the consent form sent to parent/guardian, to the Department by October 30, 2006. Please review and revise the school’s policies and procedures for moving a student from an IEP to a 504 plan and provide a copy to the Department by October 30, 2006. SE 13 Progress Reports and content SE 14 Review and revision of IEPs Substantially implemented Substantially implemented Student records and document review Progress reports are sent to parents at the same time as report cards; progress reports address the goals and benchmarks and articulate the student’s progress or lack of progress fully. Student records and document review IEP annual reviews are consistently held before the anniversary date of the IEP; IEPs are revised and reviewed Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 14 of 34 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented (Refer to full text of 20052006 CPR requirements) Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting The student Code of Please revise the school’s Code to address student’s progress and additional needs as needed. SE 17 Initiation of services at age three SE 18A Review and revision of IEPs SE 25B Resolution of disputes SE 30 Notice of procedural safeguards SE 46 Not applicable Conservatory Lab Charter School is a K-5 elementary school. Substantially implemented Student records and document review Student records indicated that Teams develop appropriate IEPs for students found eligible for services and include specially designed instruction and related services to allow the student to access the general curriculum. Substantially implemented Document review Although the school has not had to implement this requirement, they have created forms and procedures to meet the requirement for holding a resolution meeting with any parent who has made an official hearing request to the BSEA. Substantially implemented Interviews and document review Conservatory Lab is using the Department’s Interim Notice of Procedural Rights and providing them annually to families of students with IEPs. Document Partially Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 15 of 34 Criterion Number and Topic Criterion Implemented (Refer to full text of 20052006 CPR requirements) Procedures for suspension of students with disabilities more than 10 days Method(s) of Verification Basis of Determination that Criterion was Implemented review Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting implemented Conduct indicates that parents must attend a reentry meeting following a student suspension before the student can attend classes again. of Conduct by amending the requirement for a meeting with parents before a student can attend classes again following a suspension and submit a copy of the revision to the Department by October 30, 2006. The Department has determined that while a district or school may request a meeting with the student's parent, it may not keep a student from attending classes until such a meeting occurs, as to do so would result in the student's wrongful exclusion from school for circumstances beyond his or her control, namely that of his or her parent's failure to attend a meeting (see M.G.L. Chapter 76, §5). SE 49 Related Services Substantially implemented Document and student record review Conservatory Lab provides all related services as required by each student to benefit from special education and access the general curriculum. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 16 of 34 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements New issue identified According to the school handbook and staff interviews, the Home Language Survey is not given to all students but only to students who are identified by teachers as struggling with language issues. The Home Language Survey should be provided to all families at the time of student enrollment. Please review and revise the school’s ELE identification process by incorporating a means to give all students the Home Language Survey and assessing all students whose primary language of home is not English, as per the Department’s guidance on identifying LEP students (see the Department’s website at http://www.doe.mass.edu/ell/id entify_lep.html). The primary purpose of a Home Language Survey is to find out if a student speaks a language other than English at home and thereby needs to be Please submit a description of the school’s revised procedures, plus a copy of any revised documents (such as the Home Language Survey and translated versions of the Civil Rights (MOA) and Other General Education Requirements MOA 1 Identification of limitedEnglishproficient students Document review and staff interviews Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 17 of 34 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements assessed for English language proficiency. survey), to the Department by October 30, 2006. If the student’s primary language of home is not English, the student must be assessed in all four modalities of English language proficiency. The Home Language Survey also presents an opportunity to ask the family if they require home-school correspondence to be translated. MOA 6 Availability of in-school programs for pregnant students Not applicable Conservatory Lab Charter School is a K-5 elementary school. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 18 of 34 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Document review MOA 7A School year schedules Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements New issue identified Conservatory Lab Charter School schedules 180 days of school per school year, instead of 185 as required by 603 CMR 27.03(2). Conservatory Lab Charter School must set a school year calendar of 185 school days beginning with the 2006-2007 school year. Please provide a copy of the 2006-2007 CLCS school year calendar by October 30, 2006. MOA 9 Hiring and employment practices of prospective employers of students MOA 12A Annual and continuous notification Not applicable Conservatory Lab Charter School is a K-5 elementary school. Document review New issue identified Job postings and other materials used to publicize the school do not include a notice that Conservatory Lab does not discriminate on the basis of race, color, Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 19 of 34 Please provide examples of notices, job postings, and other materials used to publicize Conservatory Lab Charter School that include the complete notification by October 30, 2006. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements national origin, sex, disability, religion, or sexual orientation. The Office of Civil Rights has recently affirmed that schools may use “equal opportunity employer” in newspaper ads. However, for other publications and the school handbook, full notice is required. MOA 13 Availability of information and counseling Document review New issue identified The school does not have a means to provide LEP students with counseling services in their native language. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 20 of 34 Please identify a means to provide limited English proficient students with counseling in their native language and provide the documentation to the Department by October 30, 2006. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Document review and staff interviews MOA 14 Counseling and counseling materials free from bias Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements New issue identified The school does not have a means to provide LEP students with counseling services in their native language. See corrective action for MOA 13. Additionally, the school did not submit a description of steps taken to rectify any possible test bias. Please provide a brief narrative describing how the staff rectifies test bias (for example, during yearly reading assessments or during evaluations) when assessing students who are LEP. Please provide these materials to the Department by October 30, 2006. MOA 15 Nondiscriminatory administration of scholarships Not applicable Conservatory Lab Charter School is a K-5 elementary school. MOA 16 Notice to students 16 or over leaving school Not applicable Conservatory Lab Charter School is a K-5 elementary school. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 21 of 34 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) MOA 17A Use of physical restraint Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Document review and staff interviews Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements New issue identified The school did not provide verification of the required annual training; according to staff interviews, there was some confusion about how much training all personnel are supposed to receive to satisfy the legal requirements for training. Please review and appropriately revise the school’s restraint policy to incorporate all aspects of 603 CMR 46.00; please refer to http://www.doe.mass.edu/lawsr egs/603cmr46.html?section=all for guidance in this process. Judging by submitted documents, staff members do not know the content of the school’s restraint policy (provided with the school’s Mid-Cycle documentation); for example, in an email, an administrative staff member acknowledges a restraint that occurred in late September 2005 that was not documented because the parent came to the school to discuss it. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 22 of 34 All staff members are required to receive training on the school’s physical restraint policy within one month of the beginning of the school year; staff members hired after the beginning of the year must receive training within one month of the date of hire. Please provide the following to the Department: a copy of the school’s revised policy on restraints; a copy of the staff training agenda and signed attendance sheet (following the staff training); and a copy of Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Another restraint was described in which the child received a two day suspension. If either restraint was 20 minutes or longer in duration, the school must submit a written report to the Department as soon as possible. the school’s restraint log. Please submit these by October 30, 2006. Additionally, the school does not maintain a restraint log, although there appears to have been at least two restraints this school year. MOA 21 Staff training regarding civil rights responsibilities Document review and staff interviews New issue identified Although the school identified the workshops that staff attended in which civil rights topics were covered, no supporting documentation was attached. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 23 of 34 Please provide training agendas, name of presenters, topics presented, and participant lists for the Achievement Gap workshops (September 14, 2005; October 12, 2005) and the Gay, Lesbian, Bisexual, Transgender Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Workshop (March 8, 2006) to the Department by October 30, 2006. MOA 22 Accessibility of district programs MOA 24 Curriculum review Document review and staff interviews Document review Not to have been Implemented New issue identified The school’s classrooms on the second and third floors are not wheelchair or handicap accessible; the school submitted documentation, including floor plans and bids, of its efforts to correct this. Please provide a description of how the school will accommodate staff or students who cannot access classrooms on the second and third floor, by October 30, 2006. According to past CPR progress reports, Conservatory Lab had developed a curriculum review form as part of its corrective action plan in 2003. However, nothing Please forward examples of recent reviews of existing and new curriculum materials conducted by the Director of Academic Curriculum to the Department by October 30, 2006. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 24 of 34 Additionally, please provide timelines for the implementation of the installment of the chair lift to the Department by October 30, 2006. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements was submitted for this criterion for the MidCycle review. MOA 25 Institutional self-evaluation Document review New issue identified The school did not submit any documentation for this criterion. The Department has recently developed guidance for schools and districts for this criterion. The requirement may be satisfied by a number of ways, but the school or district must keep documentation of each year’s evaluation, the conclusions reached on the basis of the evaluation, and the steps taken to resolve any identified problems. Some suggested methods of implementation include questionnaires or Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 25 of 34 Please provide the school’s documentation of last year’s evaluation, the conclusions reached on the basis of the evaluation, and the steps taken to resolve any identified problems. Please provide the evaluation plan or method for the 2005-2006 school year. Submit this documentation to the Department by October 30, 2006. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance interviews of appropriate staff, students, and parents about program access; analysis of the distribution of students in programs; examination of data on the incidence of bullying, hate crimes, and harassment or discrimination; or a review of any complaints regarding discrimination or harassment by students, staff, or parents. Other Regulated Programs Addressed During this Mid-cycle Review Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 26 of 34 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements CONSERVATORY LAB CHARTER SCHOOL English Learner Education (ELE) Requirements Mid-Cycle Review Comments and Corrective Action Based on the Department’s Review Of Local Self-Assessments (Please refer to full text of 2005-2006 CPR-ELE legal requirements and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc) ELE Criterion Number and Topic Comments Based on the Department’s Review of Local ELE Self-Assessment ELE SELFASSESSMENT PLEASE NOTE: The submitted ELE Self-Assessment was titled “Conservatory Lab Charter School” but was apparently borrowed from another school with little to no adaptation. ELE 1 Annual Assessment The school annually assesses all students identified as LEP with the MEPA (GL 3-12), the MELA-O (GL K-12), and the MCAS (GL 3-12). Qualified staff members administer the MEPA and the MELA-O. No corrective actions necessary. ELE 2 MCAS Participation Conservatory Lab’s ELE students take the MCAS, but staff interviews indicated that accommodations are not consistently offered to students. Please review Chap. 71A’s requirements for LEP students and the MCAS at http://www.doe.mass.edu/mcas/part_req.html. Any student who currently is or has been a LEP student may use an approved bilingual word-to-word dictionary on all MCAS tests. Bilingual dictionaries and electronic translators permitted for this purpose are limited to those that provide word-to-word translations, not definitions. A list of approved bilingual dictionaries can be found on the Department’s website at and in the appendices of the 2005 Principal's Administration Manual. Please provide a description of how the school provides accommodations for LEP students during the MCAS and submit this to the Department by October 30, 2006. Required Corrective Action, Timelines for Implementation, and Progress Reporting Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 27 of 34 ELE Criterion Number and Topic ELE 3 Initial Identification Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting According to staff members, Conservatory Lab Charter School does not provide all parents with a Home Language Survey as a means to identify which students to assess for ELE. According to the school’s identification process, classroom teachers are the usual source of referral for students. Please see MOA 1. ELE 4 Waiver Procedures Conservatory Lab Charter School did not submit documentation for this criterion. According to staff, the school has not developed a waiver policy. Please develop a waiver process and provide a copy or description, a copy of a blank waiver form for students under and above age 10. Please see http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc (ELE 4, page 16) and http://www.doe.mass.edu/ell/news03/waiverfrm_drft.pdf (provides actual forms) for guidance in developing this policy by October 30, 2006. ELE 5 Program Placement and Structure The school provides pull-out English language acquisition support for students, but classroom teachers have not received any training in developing SEI classrooms for identified ELE students. Additionally, according to staff interviews, the ELE teacher does some small group work in the regular classroom to support students. For kindergarten students, an English-only language general education classroom with assistance in English language acquisition, including, but not limited to, English as a second language, is acceptable. However, for students in grades 1-5, the school must develop “sheltered English immersion” (SEI) classrooms, in which nearly all books and instructional materials are in English with the curriculum and presentation designed for students who are learning the language or modify general education and other classrooms, so that the activities and instruction in those classrooms provide sheltered English instruction to LEP students. Please see implementation guidance on page 19 of the ELE CPR instrument at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc. Please provide a description of the implementation practices, including a list of the students identified as LEP, the names of their classroom teachers, and for each teacher the specific training that has or will be provided with regard to the four competency areas. Also, please indicate how much direct English language instruction is provided to each LEP student per week, to the Department by October 30, 2006. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 28 of 34 ELE Criterion Number and Topic ELE 6 Program Exit and Readiness Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting The school did not provide documentation for this criterion; however, according to staff interviews, the ELE teacher bases her decision to exit a student on multiple criteria, including written feedback from the student’s regular teacher. Please provide a description of the school’s implementation practices, including the program exit criteria and the instrument given to teachers for feedback on ELE student classroom performance by October 30, 2006. The ELE teacher looks for on-par participation of the student with his or her peers in all aspects of the general education program without the use of adapted or simplified English materials and a “proficient” on state-mandated assessments. ELE 7 Parent Involvement The school did not submit documentation for this criterion. Please provide a description of implementation practices, including documentation of LEP parent membership on school council or the parent advisory council, any materials developed for LEP parents to promote participation in the school (including the school newsletter), and/or plans for developing or increasing LEP parent involvement by October 30, 2006. Parent involvement may be fulfilled through the development of a parent advisory council on English language education, through membership on a school-based council, or through other means determined by the school. The school should provide multiple opportunities and a variety of methods for parent-teacher communication. ELE 8 Declining Entry to a Program The school did not develop a mechanism by which to inform parents of ELE students of their right to decline or opt out of the school’s ELE program. Please see http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc, page 23 regarding opting out of the school’s ELE program and develop “optout” procedures. Please provide documentation of the school’s notification process; this could include a paragraph in the Parent-Student Handbook or in the required parent notification letter (see ELE 10, below) and provide it to the Department by October 30, 2006. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 29 of 34 ELE Criterion Number and Topic ELE 9 Instructional Grouping ELE 10 Parental Notification Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting According to staff interviews, the ELE instructor appropriately groups students with similar needs and at the same grade level together for instruction. No corrective actions necessary. The school provided a parental notification letter, but it does not contain all elements required by Chapter 71A. The school is required to send a notice to parents of LEP students upon placement in any ELE program, and annually thereafter in the primary/home language and English. This notice informs parents of: (a) The reasons for identification of the student as Limited English Proficient (LEP); (b) The child’s level of English proficiency; (c) Program placement and/or the method of instruction used in the program; (d) How the program will meet the educational strengths and needs of the student; (e) How the program will specifically help the child learn English; (f) The specific exit requirements; and (g) The parents’ right to apply for a waiver (see ELE 4), or to decline to enroll their child in the program (see ELE 8). Please submit the school’s revised notice in English and in the primary languages of the school’s population to the Department by October 30, 2006. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 30 of 34 ELE Criterion Number and Topic ELE 11 Equal Access to Academic Programs and Services Comments Based on the Department’s Review of Local ELE Self-Assessment Although ELL students receive some in-class support from the ELE staff person, it is not clear if appropriate content objectives for these students have been developed in English language arts, history and social science, mathematics, and science. None of Conservatory Lab’s teachers have received SEI training. Submitted documentation shows that LEP students do receive English language development instruction that is based on standards from the Massachusetts English Language Proficiency Benchmarks and Outcomes. Required Corrective Action, Timelines for Implementation, and Progress Reporting The school submitted the Department’s March 2006 Designing and Implementing Sheltered English Immersion (SEI) Programs in Low Incidence Districts (http://www.doe.mass.edu/ell/news06/lowincidence.doc) with its ELL documentation. Please review this guidance and develop a plan for developing content instruction for LEP students in the general education classrooms at Conservatory Lab; this can be done a variety of ways, e.g., adapting content including texts, assignments, and assessments and presentation of content in all modalities within the student’s English proficiency level; purchasing or designing materials specifically for ELLs according to students’ level of need; or developing curriculum maps and pacing guides for each content area subject for each individual grade level. Also see progress report requirement for ELE 5: Sheltering content in subject classrooms requires that teachers are appropriately trained. ELE 12 Equal Access to Nonacademic and Extracurricular Programs While the school provides access to the full range of academic opportunities and supports afforded non-LEP students, such as special education services, Section 504 Accommodation Plans, and Title I services, the school has not yet developed a means by which to provide students with counseling in the students’ primary language. See progress report requirement for MOA 13. According to staff interviews, LEP students are provided with some ELL instruction after school. As an unintended consequence, it is possible that they are missing after-school opportunities because of scheduling. Please provide a narrative addressing whether ELL students are denied access to after-school activities because of the scheduling of ELL instruction by October 30, 2006. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 31 of 34 ELE Criterion Number and Topic Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting ELE 13 Follow-up Support Staff members described a means by which Conservatory Lab monitors its FLEP students; however, no documentation was provided for the Mid-Cycle. Please provide a description of Conservatory Lab’s follow-up policies and procedures for monitoring FLEP students, including evidence of monitoring of FLEP students progress for the next school year by October 30, 2006. ELE 14 Licensure and Fluency Requirements Conservatory Lab’s ELL teacher is fluent in English and possesses certification in English as a Second Language PreK9 and 5-12. No corrective actions necessary. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 32 of 34 ELE Criterion Number and Topic ELE 15 Professional Development Requirements ELE 16 Equitable Facilities (To be reviewed during next CPR visit) ELE 17 DOE Data Submission Requirements and Program Evaluation Comments Based on the Department’s Review of Local ELE Self-Assessment According to staff interviews, none of the regular education teachers have participated in SEI training. Required Corrective Action, Timelines for Implementation, and Progress Reporting See the progress report requirements for ELE 5. Schools with LEP students must implement a professional development plan that provides teachers and administrators with high quality training in (1) second language learning and teaching; (2) sheltering content instruction; (3) assessment of speaking and listening; and (4) teaching reading and writing to limited English proficient students. The school provides training opportunities to teachers of LEP students that ensure the progress of LEP students in developing oral comprehension, speaking, reading, and writing of English, and in meeting academic standards. LEP students receive their pull-out services in a multi-purpose room after school. No corrective actions necessary. Conservatory Lab Charter School submitted ELL rosters, including entry dates, fluency scores, MELA-O and MEPA results, and recommendations for each student. No corrective actions necessary. A comparison of the school’s submitted ELL roster against the school’s DOE data report shows that the school is keeping a record of its ELE population. However, the school is not assessing all students whose primary language at home is not English, but only students identified by teachers as struggling with language issues in class. Please see corrective actions under MOA 1. Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 33 of 34 ELE Criterion Number and Topic ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) Comments Based on the Department’s Review of Local ELE Self-Assessment Please Note: ELE records did not contain elements required by Chapter 71A. Required Corrective Action, Timelines for Implementation, and Progress Reporting For future reviews, LEP student records must include the following: (a) (b) (c) (d) (e) (f) (g) The school’s home language survey; Results of identification and proficiency tests and evaluations, including MELA-O, MEPA, MCAS, or other tests chosen by the Board of Education and the district; Information about students’ previous school experiences; Copies of parent notification letters, progress reports and report cards (in the native language, if necessary); Evidence of follow-up monitoring (if applicable); Documentation of a parent’s consent to “opt-out” of English learner education; and Individual Student Success Plans for students who have failed MCAS, if the district is required to complete plans for non-LEP students. Please provide training to key staff in the information that must be maintained in the student records of LEP students and provide us with evidence of that training by October 30, 2006. Mid-cycle Report Format 2006.doc Rev. 3/31/06 Conservatory Lab Charter School Coordinated Program Review Mid-cycle Report JULY 12, 2006 Page 34 of 34