Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-30 TTY: N.E.T. Relay 1-800-439-2370 May 19, 2008 Margaret Strojny Superintendent East Bridgewater Public Schools 11 Plymouth Street East Bridgewater, MA 02333 Re: Mid-cycle Report Dear Superintendent Strojny: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report. This report contains findings based on onsite monitoring the Department conducted to determine the effectiveness of corrective action it approved or ordered to address noncompliance identified in your district’s last Coordinated Program Review Report, dated May 11, 2005. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004. While the Department of Elementary and Secondary Education found your district 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, including but not limited to noncompliance with special education criteria added or substantially changed in response to IDEA 2004. Where the district has failed to implement its Coordinated Program Review Corrective Action Plan, the Department views these findings to be serious. The Office of Special Education Programs of the U.S. Department of Elementary and Secondary Education requires that all special education noncompliance be corrected as soon as possible, but in no case later than one year from the time of identification; where the district has failed to implement its CPR Corrective Action Plan, this one-year period has long since passed. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. (In the case of new findings of noncompliance, this corrective action must be corrected 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 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 district within the timelines specified in the report. You must submit your statement of assurance to me by June 2, 2008. Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 781-338-3714. Sincerely, Nancy Hicks, Mid-cycle Review Chairperson Program Quality Assurance Services Richard Taylor, Supervisor Program Quality Assurance Services C: Nancy Miller, Local Program Review Coordinator Darlene A. Lynch, Director, Program Quality Assurance Services Encl. Progress Report Review Report MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT East Bridgewater School District Date of Coordinated Program Review (CPR) Final Report: May 11, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: November 18, 2005 Dates of Corrective Action Plan Progress Reports: March 20, 2006, May 3, 2007, July 27, 2007, November 15, 2007 Dates of this Mid-cycle Review Onsite Visit: March 5 and 6, 2008 Date of this Report: May 19, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Record Review The record review indicates that the district documented the age of majority decision at 18 and the documentation contained the required signatures. SE 7 Age of Majority Partial Corrective Action Not Implemented or Not Effective or New Issues Identified Partial 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 The record review indicates that the district did not always document the age of majority discussion at the Team meeting of a 17 year old. The district must provide training to responsible high school staff members on the requirement that beginning one year prior to a student reaching the age of 18 the IEP must include a statement that the student has been informed of the transfer of rights at the age of majority. By October 15, 2008, the East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 1 of 11 Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified SE 18B Placement Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance The N1 notice provided to the parent when the district proposes an IEP does not always contain answers to the guiding questions on page two of the N1 form. Interviews indicate that some high school students have schedules that indicate they are out of the regular education setting for more than 20 percent of the time, their East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 2 of 11 Required Corrective Action, Timelines for Implementation, and Progress Reporting district must provide a copy of the training agenda, a sign in sheet and a copy of any handouts. The district must develop and provide a plan to monitor IEPs to ensure that they have the required information. By January 15, 2009, the district must provide a report of how many IEPs were reviewed, the rate of compliance, and steps taken to correct any noncompliance found. The district must provide training to responsible staff members on the requirement to address all questions on page 2 of the N1 form when proposing an IEP or assessment. By October 15, 2008, the district must provide a copy of the training agenda, a sign in sheet and a copy of any handouts. The district must develop and provide a plan to monitor the content of N1 forms to ensure that they have Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not 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 IEP, however, describes their placement as full inclusion. the required information. By January 15, 2009, the district must provide a report of how many records were reviewed and the rate of compliance, and steps taken to correct any noncompliance found.. The district must review the IEPs of high school students to ensure that the placement described on the PL1 form correctly reflects the students program. By January 15, 2009, the district must report on the number of IEPs reviewed, the rate of compliance, and steps taken to correct any noncompliance found. East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 3 of 11 Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Method(s) Basis of Determination that Criterion Basis of Determination Required Corrective Action, Number Implemented of Criterion was Implemented Partially that Criterion was Timelines for and Verification Implemented Partially Implemented Implementation, and Topic or Not or Not Implemented Progress Reporting Implemented SE 3 Special requirements for determination of specific learning disability SE 6 ##1 - 3 Determination of Transition Services SE 8 IEP Team composition and attendance Record Review Record Review Record review and interviews The record review indicates the district addresses the special requirements for documenting the determination of specific learning disabilities. Interviews and documentation indicate that the district discusses the students’ transition needs annually beginning no later than when the student is 15 years old and documents the discussion on the most recent copy of the transition form. Record review and interviews indicate that the district has the required Team composition and attendance at Team meetings. Record review also indicates that when a Team member cannot be present, parent East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 4 of 11 Criterion Number and Topic SE 12 Frequency of re-evaluation SE 13 Progress Reports and content Criterion Implemented Partial Method(s) of Verification Record review and interviews Record Reviews Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented agreement to this absence would be documented and the absent member would submit information in writing. Record review and interviews indicate that the re-evaluation is conducted every three years unless the parent and district agree that it is not necessary. Record review indicates that progress reports are submitted with the required frequency and that they contain the required information. Partial Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Record review indicates that the Team does not always meet to revise an IEP when reports indicate a lack of progress. The district must provide training on the requirement to meet to revise an IEP when progress reports indicate a lack of progress. By October 15, 2008, the district must provide a copy of the training agenda, a sign in sheet and a copy of any handouts. The district must develop and provide a plan to monitor progress reports to ensure that the required steps are taken when they reflect a lack of progress. By January 15, 2009, the district must provide a report of how many student records were reviewed, the rate of compliance, and steps taken to correct any noncompliance found. East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 5 of 11 Criterion Number and Topic SE 14 Review and revision of IEPs SE 20 LRE Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Record review and interviews Record review Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Record review and interviews indicate that amendments were incorrectly used to extend the date of the IEP, which resulted in IEPs not being reviewed before their expiration. The district must provide training to staff members on the requirement to review the IEP annually, on or before the anniversary date of the IEP. By October 15, 2008, the district must provide a copy of the training agenda, a sign in sheet and a copy of any handouts. The district must develop and provide a plan to monitor IEPs to ensure that they have been reviewed prior to their expiration. By January 15, 2009, the district must provide a report of how many IEPs were reviewed, the rate of compliance, and steps taken to correct any noncompliance found. The district must provide training to responsible school staff members on the requirement to justify the removal of students from regular education. By October 15, 2008, the district must provide a copy of Although the district provided justification for the removal of students in the regular education setting, the record review indicated that the nonparticipation justification statement did not always East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 6 of 11 Criterion Number and Topic SE 25B Resolution of disputes SE 33 Involvement in the General Curriculum Criterion Implemented Method(s) of Verification Record review and interviews Record review and interviews Basis of Determination that Criterion was Implemented Criterion 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 required information. The Team did not always state why the removal is critical to the student’s program and the basis for removing the student from the least restrictive environment. the training agenda, a sign in sheet and a copy of any handouts. The district must develop and provide a plan to monitor IEPs to ensure that they have the required information justifying why the removal of a student from regular education is critical. By January 15, 2009, the district must provide a report of how many IEPs were reviewed, the rate of compliance, and steps taken to correct any noncompliance found. Interviews and documentation indicate that the district will agree to participate in a resolution session prior to a hearing. A copy of a legally binding document was provided to the Department for review. Interviews indicate that all students are taught by teachers who have an understating of the Massachusetts Curriculum Frameworks model. Also, documentation indicates that regular education teachers are consistently present at the Team East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 7 of 11 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented meetings. SE 39A Procedures for services to eligible private school students whose parents reside in the district SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state SE 46 Procedures for suspension of students with disabilities more than 10 days Documentation Documentation and interviews Record review and interviews Documentation indicates that the district completed the proportionate share worksheet and that they have procedures in place for providing services to students who are enrolled in private schools at private expense. There are no private schools in the district. Documentation indicates that the district has a procedure in place to accurately determine the number of suspensions for students eligible for special education. Records and interviews indicate that there is a procedure in place to meet the requirements for a manifestation determination. Interviews East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 8 of 11 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 Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented indicate that students in Interim Alternative Settings have access to IEP services and academic tutoring. SE 52 Appropriate certifications/ licenses or other credentials – related service providers (related only to those providing interpreting services) Interviews Interviews indicate that the district does not employ those who provide interpreting services for the deaf and hard of hearing. East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 9 of 11 Required Corrective Action, Timelines for Implementation, and Progress Reporting Special Education Criteria Monitored because of Issues Identified since the CPR Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Method(s) Basis of Determination that Criterion Basis of Determination Required Corrective Action, Number Implemented of Criterion was Implemented Partially that Criterion was Timelines for and Verification Implemented Partially Implemented Implementation, and Topic or Not or Not Implemented Progress Reporting Implemented All students at the high The district must review the SE 34 school level have IEPs IEPs of high school students Continuum of that describe their and determine if the Alternative placement as full description of their placement Placements inclusion. However, is consistent with their IEP. and Services some students have By October 15, 2008, the schedules that indicate district must report to the they are out of the regular Department the number of education setting for more IEPs with incorrect placements than 20 percent of the and a description of the steps time. taken to correct the placement pages of those IEPs. Interviews and By August 15, 2008, the SE 55 observations indicate that district must provide a plan Special the spaces allocated for that will ensure that all service Education special education students providers have a designated Facilities and does not minimize space to provide services. All Classrooms stigmatization in that spaces must minimize services are provided in stigmatization and be at least hallways and small equal in all physical respects to closets. At the elementary the average standards of level, special education general education. service providers are not provided with a designated space and must seek out unused space in order to provide services. East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 10 of 11 Criteria from Other Regulated Programs Monitored During this Mid-cycle Review Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implemented and Effective ELE 11 Equal Access to Academic Programs and Method(s) of Verification Documentation and interviews Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Students who are identified as LEP receive services from a certified ESL teacher are taught by teachers who have received instruction in sheltered content instruction in Category 1 and Category 2. LEP students have access to all programs and services, many of which are receiving Title 1 services, and there is one student being considered for special education eligibility. The district provides interpreting services for parents who require it and they are in the process of translating school documents. East Bridgewater Coordinated Program Review Mid-cycle Report May 19, 2008 Page 11 of 11 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements