Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 August 18, 2010 Dr. Stacy Scott, Superintendent Dracut Public Schools 2063 Lakeview Avenue Dracut, Ma 01826 Re: Mid-cycle Report Dear Superintendant Scott: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the Mid-cycle Review conducted in your district in April 2010. In this Midcycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: staff interviews, review of student records, examination of documentation, and/or classroom observation. The Department found one or more of the criteria monitored in your district to be “Partially Implemented” or “Not Implemented.” In all instances where noncompliance has been found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by September 8, 2010. Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have 1 questions about this letter or the enclosed report, please do not hesitate to contact Nicole Edgett at (781) 338-3723. Sincerely, Nicole Edgett, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Elizabeth Ahern, Ed. D., Supervisor, Program Quality Assurance Services Mathew Sheehan, School Committee Chairperson Steven Stone, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Dracut Public Schools Dates of the Mid-cycle Review Onsite: April 30, 2010 Date of this Report: August 18, 2010 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 3 Special requirements for the determination of specific learning disability Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records and Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Student record review and interviews indicated that the district is appropriately evaluating students suspected of having a specific learning disability. Written documentation was evident in the student records, including the written determination form and where applicable signed statements of agreement or written dissent. Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 1 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion SE 52A Registration of educational interpreters Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Documentation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district currently does not have a need for educational interpreters. An assurance was provided that when one is required to support a student, the district will employ an individual who is registered with the Massachusetts Commission for the Deaf and Hard of Hearing. Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 2 of 14 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 4 Criterion Implemented SE 6 Method(s) of Investigation Basis of Determination about Criterion Student Records A review of student records indicated that school district personnel who conduct evaluations define in detail and in educationally relevant and common terms, the student’s needs and offer an explicit means of meeting those needs. Student Records and Staff Interviews Student records indicated that the Team reviews and annually updates the Transition Planning Form and the IEP, as appropriate. Additionally, interviews indicated that for students who will likely require continuing service from an adult human service agency, the administrator of special education makes the referral to the Bureau of Transitional Planning in the Executive Office of Health and Human Services (also known as a Chapter 688 referral). Reports of Assessment Results Determination of Transition Services Criterion Partially Implemented (PI) or Not Implemented (NI) If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 3 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion SE 9 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Timeline for Determination of Eligibility and Provision to Parent SE 11 School District Response to Parental Request for Independent Educational Evaluation PI Method(s) of Investigation Basis of Determination about Criterion Student Records Student records revealed that the district has completed all evaluations within the 45 day timeline after receipt of parent’s written consent to an initial evaluation or re-evaluation. Student Records, Documentation and Staff Interviews Based on a review of documentation, the district has revised the district policy on the use of the “Sliding Fee” scale as noted in CMR 28.00 and makes that option available to parents as required. In addition, the district has revised the letter of notification to school personnel clarifying the full responsibility of school personnel, as noted in Administrative Advisory SPED 2004-1. The district’s letter of clarification now includes information regarding whether the district must pay for the evaluation or proceed to the Bureau of Special Education Appeals (BSEA) to demonstrate why the district’s evaluation was sufficient. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district must conduct an analysis of the procedures related to independent educational evaluations requested by parents and identify any practices that may lead to non-compliance. The district then must plan and implement actions that will address the underlying cause of the continued non-compliance in this area. Once the corrective action has been implemented the district must notify all Team Chairpersons of any changes in the district’s policies or procedures related to independent educational evaluations requested by parents. Post training; please conduct an Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 4 of 14 (b) Progress Report Due Date(s) and Required Elements Submit a narrative description that identifies the root cause of the continued noncompliance and a description of the corrective action steps taken. Please be sure to include the timeline of the actions taken by the district and indicate the staff member(s) responsible for the implementation by name and role. Please be sure to include sufficient, relevant documentation of the corrective action Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation However, student records demonstrated that upon receipt of an independent educational evaluation report, the district does not always reconvene the Team within 10 school days as required, to consider the independent educational evaluation and whether a new or amended IEP is appropriate. administrative review of student records where the parent has requested an independent educational evaluation. Please be sure to verify that the Team has reconvened within 10 school days upon receipt of an independent educational evaluation *Please note that when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s) (b) Progress Report Due Date(s) and Required Elements steps taken that effectively demonstrate the district’s efforts to correct the continued non-compliance and submit this to the Department on or before October 15, 2010. Please submit evidence, such as meeting agendas or notification that all staff has been made aware of the changes in the district’s procedures related to independent educational evaluations requested by parents to the Department on or before October 15, 2010. Additionally, post implementation of these corrective actions, please Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 5 of 14 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements submit the results of the administrative review conducted to ensure that the Team has reconvened within 10 school days upon receipt of an independent educational evaluation. Identify the name and role of the reviewer, the number of records reviewed from each level, the number of records found to be compliant, the root cause of any continuing noncompliance and any steps taken to correct concerns identified in the process to the Department on or before January 17, 2011. SE 13 Progress Reports and Student Records Student records indicated that parents receive reports on student progress towards completion of Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 6 of 14 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Student records indicated upon determining the student is eligible for special education, the Team, including the parents develop an IEP. Student Records and Staff Interviews Student records and staff interviews indicated that immediately following the IEP, parents are provided with two (2) copies of the IEP and proposed placement. Documentation, Student Records and Staff Interviews Based on a review of documentation, staff interview, and student records, it is evident that the district has a continuum of alternative services and IEP Development and Content SE18B Determination of Placement; Provision of IEP to Parent SE20 Least Restrictive Program Selected If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation their IEP goals as often as parents are informed on the progress of non-disabled students. Additionally, the progress report information sent to parents includes written information on the student’s progress towards the annual goals in the IEP. Content SE18A Basis of Determination about Criterion Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 7 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation placements to meet the needs of students with disabilities. As a result, when determining the least restrictive environment for students, the Team is adequately prepared to consider any harmful effect on the student or on the quality of services that he or she needs. SE 21 Student Records and Staff Interviews Student records indicated that the Team routinely considers the need for an educational program that is less than or more than the regular school day and indicates why the longer or shorter program is necessary on the IEP. Student Records Student records indicated that staff members routinely address the key questions on the Notice of Proposed School District Action form (N1), providing education decision makers with adequate information regarding school district proposals. School Day and School Year Requirements SE 24 Notice Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 8 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion SE 25 Criterion Implemented Student records indicated the district has a process in place to ensure that upon receipt of the IEP, parents sign both the IEP and placement page. Documentation and Staff Interviews Documentation and staff interviews indicated the district has a continuum of alternative placement and services available to meet the needs of students with disabilities in the district, including those students who are emotionally impaired. Student Records Student records and staff interviews indicated that the Team consistently considers the use of assistive technology for students with disabilities throughout the district. Student Records Student records indicated that the district consistently monitors the provision of services to and the Assistive Technology; Specialized Material and Equipment SE 37 Procedures for Approved and Basis of Determination about Criterion Student Records Continuum of Alternative Services and Placements SE 35 Method(s) of Investigation Parent Consent SE 34 Criterion Partially Implemented (PI) or Not Implemented (NI) If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 9 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Documentation and Staff Interview A review of the documentation in addition to staff interviews indicated that all of the direct service classrooms for students with disabilities at the high school meet the instructional grouping requirements for students ages 5 and older. Student Records Student records indicated that for students whose behavior impedes their learning or the learning of others, the Team routinely considers the use of positive behavioral interventions and supports and the possible need for a functional behavioral assessment. Instructional Grouping SE 43 Behavioral Interventions If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation programs of individual students placed in out-of district programs. Student records contained documentation of monitoring plans for student who have been placed in out-of district programs, and evidence of required site visits. Un-approved Out-ofDistrict Placements SE 40 Basis of Determination about Criterion Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 10 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion SE 44 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Procedures for Recording Suspension SE 46 Procedures for Suspension of Students with Disabilities when Suspensions Exceed 10 Consecutive School Days PI Method(s) of Investigation Basis of Determination about Criterion Documentation, Staff Interviews, and Student Records Based on a review of documentation, student records, and staff interviews, the district has procedures to record and track the number and duration of suspensions from a student’s program. Student Records, and Staff Interviews Student records and staff interviews indicated that once a student has been suspended for 10 consecutive or cumulative days, the IEP team reconvenes within 10 days to conduct a manifestation determination as required. However, in cases where the IEP team determines that the behavior was not a manifestation of the student’s disability, the district does not always offer services for the student to continue to progress in the general education curriculum and to progress towards IEP goals for the duration of the removal beyond the 10th consecutive or cumulative day of suspension. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please develop policies and procedures to ensure that students, while suspended for more than 10 consecutive or cumulative days are still afforded the opportunity to continue to progress both in general education and on their IEP goals. Included in the newly developed polices, please develop a protocol to ensure the oversight and tracking of the services students receive once they have been suspended for more than 10 consecutive or cumulative days. Once the policies and procedures have been developed, please notify all staff of their role related to compliance with the newly developed policies and Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 11 of 14 (b) Progress Report Due Date(s) and Required Elements Please submit a copy of the newly developed polices and procedures to ensure that students are afforded the opportunity to continue to progress in general education and their IEP goals once they have been suspended for more than 10 consecutive or cumulative days to the Department on or before October 15, 2010. Please also provide evidence that appropriate staff Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation procedures. Finally, please conduct an administrative review of discipline data to ensure that once a student has been suspended for more than 10 consecutive or cumulative days, they are still being provided to access to services that allow them to continue to progress in general education and on their IEP goals. * Please note that when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 12 of 14 (b) Progress Report Due Date(s) and Required Elements members have received training and notification on the newly developed polices and procedures to the Department on or before October 15, 2010. Please submit, post implementation of these corrective actions, a narrative description of the results of the administrative review of discipline data to ensure that students are afforded the opportunity to progress in general education and on their IEP goals once they have been suspended for 10 consecutive or cumulative days. Identify the name and role of the reviewer, the types of data Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements reviews, the number of student files reviewed, information on the rate of compliance, the root cause of any continuing noncompliance and any steps taken to correct concerns identified in the process to the Department on or before January 17, 2011. SE 48 Equal Opportunity to Participate in Educational, Nonacademic, Extracurricular, and Ancillary Programs Student Records Student records indicated that IEP Teams routinely consider whether students may require adapted physical education. SE 54 Documentation and Staff Interviews A review of documentation demonstrated that the district has provided special education staff with on-going training regarding state and federal special education regulations as well as local policies and procedures. Professional Development Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 13 of 14 Criterion SE 56 Special Education Programs and Services Evaluated Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Facilities Observation and Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A facilities observation demonstrated that when students in the Life Skills class require direct service from a related service provider, they have access to an easily accessible, appropriate instructional space. Dracut Public Schools Coordinated Program Review Mid-cycle Report August 18, 2010 Page 14 of 14 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Dracut Public Schools M I D – CY C L E P R O G R E S S R E P O R T Date Prepared: ____________________________________ Prepared by: __________________________________________________________________ (name and title) Criterion: _______________________ Topic: ________________________________________________________________________ For each criterion for which you prepare a progress report, please make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation. (Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.) Send the whole set of completed progress reports to: Darlene Lynch, Director Program Quality Assurance Services Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906