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 July 15, 2005 Francis J. Connor Superintendent of Schools Dighton-Rehoboth Regional School District 2700 Regional Road North Dighton, MA 02764 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Connor: 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 July 31, 2001. 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 July 29, 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 supervisor for the Southeast Service Area, Richard Taylor, at 781-3383793. Sincerely, Teomara Rutherford, 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 Barbara Murray, School Committee Chairperson Michael Childs, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Dighton-Rehoboth Regional School District ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on September 20, 2001 Progress Reports Submitted on December 31, 2001 and July 11, 2002 Onsite Visit Conducted on March 16-18, 2005 Date of this Report July 15, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special requirements for Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Partially 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’s form for documenting student eligibility does not include the relationship of Revise the SLD eligibility form to include the required information and train staff on this requirement. Student Records Documen- The district has a policy and has set appropriate criteria for determining the existence of a specific learning disability. Partially 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 determination of specific learning disabilities SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of Method(s) of Verification Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting the relevant behavior observed to the child’s academic functioning, and student records indicated that this information is not documented when making SLD determinations. Submit to the Department by October 14, 2005, the new form, an agenda and attendance sheet from the relevant training. An on-site record review of all student records with Team meetings held between October 11, 2005 and April 14, 2006 will be conducted by the Department by April 28, 2006. Train staff on the requirements under this criterion and submit to the Department by October 14, 2005, an agenda and attendance sheet from this training. tation Student Records The district has a policy in place to determine and provide all the required transition services. Documentation Partially Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Partially Interviews 2 IEPs did not consistently document information on the student’s future goals and what transition services would be necessary to realize these goals taking into account the student’s preferences and interests. 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 courses of study related to needed transition) SE 13 Progress Reports and content 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 Records Documentation The district uses progress report forms that include all the required information and staff members are aware of progress report content requirements. Interviews Partially Partially The district’s policy inappropriately allows for substitution of a progress report by a Team meeting when held within the same month. Progress reports in student records did not consistently contain all required information. Revise the district policy and train staff both on the revised policy and on the progress report content requirements. Submit to the Department by October 14, 2005, the new policy and an agenda and attendance sheet from the relevant training. An on-site record review of all student records with Team meetings held between October 11, 2005 and April 14, 2006 will be conducted by the Department by April 28, 2006. SE 15 Outreach by the School District Student Records The district conducts outreach with groups such as day care centers, doctor’s offices and 3 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 (Child Find) SE 17 Initiation of services at age three and Early Intervention transition procedures SE 18A IEP development and content Method(s) of Verification Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting IEPs in student records did not consistently contain measurable goals and objectives, nor did they adequately address the needs of the student on the Plep A and B forms. Specifically, information on how the student’s disability affects his/her progress in the noted areas and the Train staff on appropriate completion of the IEP regarding goals and the Plep A & B. Submit to the Department by October 14, 2005, an agenda and attendance sheet from this training and five examples of appropriately developed IEPs. Documentation Interviews Student Records Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Interviews Student Records Documentation Partially state agencies. Additionally, the district provided evidence of publications regarding screenings. The district submitted evidence of inter-agency communication to ensure the effective transition of young children and has a policy in line with this criterion. IEPs are developed within the Team meeting guided by the use of evaluation data and all members of the Team are active participants in crafting the document. Interviews 4 Partially An on-site record review of all student records with Team 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 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting description of instructional modifications was often incomplete or incorrectly completed. The IEP is not consistently provided immediately following its development and within 45 days of receiving the parent’s written consent to evaluate. Student records indicate that final copies of IEPs are occasionally mailed more than five days after meetings, and interviews indicate that parents don’t always leave meetings with a written representation of the agreed-upon services and goals. meetings held between October 11, 2005 and April 14, 2006 will be conducted by the Department by April 28, 2006. Student Records SE 18B Determination of placement; immediate provision of IEP to parent Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Placement decisions are made by the Team, based on the IEP, and provided to the parent appropriately. Interviews Partially Partially 5 Develop a district-wide policy for presentation of agreed-upon IEP information to parents at the conclusion of Team meetings. Develop a system to track IEP provision timelines districtwide. Train staff on the implementation of this corrective action. Submit to the Department by October 14, 2005, a copy of the new policy, an agenda and attendance sheet from the training, and by April 28, 2006, a document reflecting the tracking of IEP timelines 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 Documentation Partially Interviews Student Records 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 Records SE 20 Least restrictive program selected SE 22 IEP implementation and availability Method(s) of Verification Documentation Interviews The district has a policy to provide services in the least restrictive environment and has worked to transition out-ofdistrict students back to indistrict programs, including the creation of programs within district schools to serve these students’ needs. IEPs, once accepted, are implemented without delay and implementation is not delayed due to lack of classroom space or personnel. The district provided an example of when it had informed parents of the need to 6 Partially Justification statements on IEPs do not consistently state why the students’ removal is necessary. Additionally, interviews indicate that there may be students who are removed from classes at the Palmer River School and placed in sped-only student groups without notation on the student’s IEP. from October 11, 2005 through April 28, 2006. Investigate and address the issue at Palmer River School. Train staff on the justification statement requirements. Submit to the Department by October 14, 2005, an agenda and attendance sheet from this training and a write-up of the Palmer River School investigation results. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 26 Parent participation in meetings SE 28 Parent provided the IEP or notice of no eligibility 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 Documentation Interviews Student Records Documentation Partially Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Student Records Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance provide alternate speech services and some compensatory services due to the resignation of a provider. District personnel work with parents to ensure that meetings are held at a mutually agreed upon time and document their efforts and parent communication in the student records. District administration is aware of, and has a policy for meeting the requirements of immediate provision of the IEP. Partially Interviews 7 See SE 18B. Additionally, IEPs do not always go out with the required notice in that many of the N1 forms used by the district are missing the guiding questions and do not address the areas covered by the questions on page two. N1s are also used Adjust IEP software to ensure that notice forms contain the guiding questions. Train staff on the completion and use of notice forms, including the attachment of Parents’ Rights Brochures. Submit to the Department by October 14, 2005, an assurance that the software is adjusted to print notice forms which include the guiding 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 inappropriately in the place of N2s when making a finding of no eligibility. Although the district asserted it provides required notice of procedural safeguards, notice forms did not contain documentation of the distribution of parents’ rights brochures. SE 29 Communications are in English and primary language of home SE 32 Parent advisory council for special Documentation Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Interviews Documentation Interviews The district provided documentation of past instances where it had used translator services and has a policy to enlist the aid of such services should the need arise. The district has an established Parent Advisory Council with bylaws and regular meetings, and the district in conjunction 8 questions and an agenda and attendance sheet from the relevant training. An on-site record review of all student records with Team meetings held between October 11, 2005 and April 14, 2006 will be conducted by the Department by April 28, 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 SE 54 Professional development regarding special Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Interviews Implementation in Progress 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’s policy on provision of educational services in the home or hospital placed a limit on the amount of time students could receive per subject, without regard to the frequency necessary for an individual student to continue his/her educational program. During the review, this policy was updated, but has yet to be disseminated and implemented. Submit to the Department by October 14, 2005, the final copy of the policy and documentation of its dissemination and any training that has been provided. education SE 50 Responsibilities of the School Principal and Administrator of Special Education Comments Regarding Corrective Action Plan Implementation Documentation Interviews with the PAC annually conducts the required workshop on parent and student rights. The district has a Curriculum Accommodation Plan and individual schools have implementation guidelines of this DCAP. Principals and the Special Education Administrator, with the aid of SPED coordinators, supervise and coordinate the delivery of special education services within the school. Documentation and interviews indicated that the district provides all the required special education training on an annual basis. 9 Implementation in Progress Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) education SE 56 Special education programs and services are evaluated 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 Partially Implemented Student Records Interviews New Issue Identified Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The evaluation did not include measurements of program success based on students’ local and statewide assessment results and drop out and graduation rates for special education students. Evaluate data of special needs student assessment results and drop out and graduation rates. Submit a written reflection of this evaluation including any steps that will be taken or programs that will be implemented as a result to the Department by October 14, 2005. The district occasionally removes students from IEPs without a reevaluation and without following the proper procedure for a record review. Develop and disseminate a policy for reevaluations before finding a student no longer eligible. Train staff on this policy. Submit to the Department by October 14, 2005, a copy of the policy and an agenda and attendance sheet from the relevant training. Documentation Other Requirements SE 2 Required and Optional Assessments Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance The district conducted an evaluation of special education programs and services that included information on future areas of need and is taking some actions in response to the recommendations of this evaluation. The district completes appropriate assessments for initial evaluations and these assessments are performed by qualified evaluators. 10 Partially Implemented New Issue Identified 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 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Student Records SE 7 Age of Majority Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance The district sends students the required notice one year prior to the student’s 18th birthday. Documentation Interviews New Issue Identified New Issue Identified 11 The district has a policy to default to shared decisionmaking, contrary to the requirements of the regulations. Additionally, once the student makes his/her determination regarding decision-making, it is not always witnessed and documented in the student record. An on-site record review of all student records with Team meetings held between October 11, 2005 and April 14, 2006 will be conducted by the Department by April 28, 2006. Draft a new policy on notification and decisionmaking for students once they reach the age of majority. Train staff on this policy. Submit to the Department by October 14, 2005, a copy of this policy and an agenda and attendance sheet from the training. An on-site record review of all student records with Team meetings held between October 11, 2005 and April 14, 2006 will be conducted by 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 Department by April 28, 2006. Student Records SE 9 Eligibility Determination Timelines New Issue Identified Documentation The district has a policy in place to meet the required timelines, and most staff members are aware of their relevant obligations under state and federal law. New Issue Identified Interviews SE 11 School district response to parental requests for IEEs Student Records Partially Implemented Documentation The district has procedures for granting Independent Educational Evaluations, and interviews indicate that, in practice, they are rarely refused. Interviews 12 Partially Implemented The district does not have a system in place to track verbal referrals, and therefore the district occasionally takes longer than five days to respond to a request for an evaluation. Portions of the district’s policy in the documentation provided and an example of a response letter to a request as seen in a student record indicate that the district is splitting the costs of some evaluations with parents’ Develop a system and/or form to track the date of receipt of verbal referrals, train staff on this system and implement it. Submit to the Department by October 14, 2005, a copy of the form and/or a write-up of the system and an agenda and attendance sheet from the relevant training. Revise the policy in line with the relevant regulations. Submit the revised policy to the Department by October 14, 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 insurance. Student Records SE 14 Annual review Team meetings Documentation The district has a policy in place to hold Team meetings annually on or before IEP anniversary dates. In practice, the district occasionally goes beyond the annual review timelines, often in the attempt to accommodate parent rescheduling. Interviews Partially Implemented Partially Implemented Develop a system to track timelines for annual review meetings and a policy to ensure that meetings are held before the IEP anniversary date. Train staff on this system and submit to the Department by October 14, 2005, a description of this system, an agenda and attendance sheet from the training. By April 28, 2006, provide a document tracking the dates of IEP meetings held between October 11, 2005 and April 14, 2006. An on-site record review of all student records with Team meetings held between October 11, 2005 and April 14, 2006 will be conducted by the 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 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 April 28, 2006. Student Records SE 25 Parental Consent New Issue Identified Documentation The district seeks parental consent appropriately and attempts to secure consent through a variety of means when it is not forthcoming. New Issue Identified Interviews MOA 10A Handbooks and codes of conduct MOA 11A (Old 1 & 6) Designation of liaison/ Documentation New Issue Identified Partially Implemented Documentation Interviews School handbooks contain thorough discipline procedures ensuring due process protections for regular education students. The district has designated coordinators for homeless students, Title IX, Section 504 and Title II. 14 New Issue Identified Partially Implemented The district does not consistently notify the Bureau of Special Education Appeals when it fails to secure consent after 30 days or when a parent has rejected or partially rejected an IEP as required by 603 CMR 28.08(3)(b). Handbooks and codes of conduct do not contain appropriate procedures for discipline of students with special needs and students with Section 504 Accommodation Plans. Although the district has adopted grievance procedures for prompt and equitable resolution of Notify and train staff on this requirement. Submit to the Department by October 14, 2005, an agenda and attendance sheet from this training and an assurance that the BSEA will be notified appropriately in the future. Include the required sections in the handbook and submit the new handbooks to the Department by October 14, 2005. Update student handbooks as necessary and submit the updated handbooks to the Department by October 14, 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 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting coordinator(s); grievance procedures MOA 12A (Old 1 & 2) Annual and continuous notification concerning nondiscrimination & coordinators Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Interviews The district has a nondiscrimination policy and includes this policy on most materials publicizing the district and its schools. Partially Implemented Partially Implemented 15 complaints alleging discrimination based on sex & disability and disseminates these through student and faculty handbooks, not all student handbooks contained these procedures. The Beckwith Middle School nondiscrimination policy does not include “sexual orientation” as a protected class. Not all schools include the Section 504 and Title IX coordinator information together with the required nondiscrimination notice. 2005. Update the Beckwith Middle School handbook nondiscrimination policy. Additionally, disseminate the Section 504 and Title IX coordinator information along with the required nondiscrimination notice to students and parents at all schools. Submit to the Department by October 14, 2005, the updated handbook and the document in which the coordinator Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) MOA 17A Use of physical restraint MOA 21 Staff training regarding civil rights responsibilities 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 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Interviews Additional Issue Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation Interviews The district has a policy on physical restraint consistent with the requirements of the relevant regulations and has trained some staff members on the implementation of this policy and the administration of restraint. The district provides annual inservice training regarding civil rights responsibilities, including the prevention of discrimination and harassment. Mid-cycle Cover Letter and Report Format 2005.doc Additional Issue Identified Interviews indicated that not all staff members have received annual training within the first month of each school year on the use of restraint. information was disseminated. Provide this training within the first month of the 2005/2006 school year and submit agendas and attendance sheets from the training to the Department by October 14, 2005. Rev. 9/10/04 16