The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 August 3, 2007 William J. Simmons, Ed.D., J.D. Superintendent of Schools Easton Public Schools 50 Oliver Street P.O. Box 359 North Easton, MA 02356 Re: Mid-cycle Coordinated Program Review Report Dear Superintendent Simmons: Enclosed is the Department of Education's Mid-cycle Coordinated Program Review Report (MidCycle Report). This report contains findings based on onsite monitoring conducted to verify the implementation and effectiveness of corrective action approved or ordered by the Department to address findings of noncompliance included in the Easton Public Schools Coordinated Program Review Report issued on September 8, 2004. 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. Another component of the Department’s Mid-cycle Review is the review of your school district or charter school's self-assessment in the area of English learner education (ELE). (In the remainder of this letter, please read “district” as meaning “school district or charter school.”) 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 district’s ELE self-assessment (documentation and any written analysis of compliance) and, based solely on that self-assessment, is providing you in this report with findings on your ELE program and the corresponding corrective action to be implemented. Your district is urged to request technical assistance in relation to any of these findings or this prescribed corrective action from me or from staff in the Department’s Office of Language Acquisition and Achievement at 781338-3534. ELE guidance documents are available on the Department’s website at http://www.doe.mass.edu/ell/ . While the Department of 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, 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. 1 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 district within the timelines specified. You must submit your statement of assurance to me by August 21, 2007. 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 781-338-3704. Sincerely, Matthew Deninger, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Dawn Boynton, School Committee Chairperson; 8 Squantum Ave; No. Easton, MA Dr. Beverly Conte, District Program Review Follow-up Coordinator Encl.: Mid-cycle Coordinated Program Review Report Mid-cycle Cover Letter 2007.doc Rev. 11/14/06 2 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT EASTON PUBLIC SCHOOLS ONSITE MONITORING OF IMPLEMENTATION OF CORRECTIVE ACTION AND OF CERTAIN NEW REQUIREMENTS Date of Coordinated Program Review (CPR): March 29-30 and April 26-29, 2004 Date of Coordinated Program Review Corrective Action Plan Approval: December 14, 2004 Dates of Corrective Action Plan Progress Reports: April 29, 2005; July 15, 2005; and January 27, 2006 Dates of this Mid-cycle Review Onsite Visit: May 28-29, 2007 Date of this Report: August 3, 2007 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 1 of 16 Criterion Number/Topic (Refer to full text of 20062007 CPR requirements) Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Documentation Based on the documentation review, interviews, and record review, transition services are given to all students beginning at age 15. Records showed student participation in Team meetings, transition goals on IEPs, planning charts in the records, and referrals to other state agencies if needed. Corrective Action Not Implemented or Not Effective or New Issues Identified Special Ed. Criteria Cited in CPR Report and Monitored in Mid-cycle SE 6 Transition Review, Interviews, Record Review * Please note that consistent with the recently enacted IDEA-2004 regulations, the transition planning chart will become a mandated form, which should be maintained with the student’s IEP. Refer to Administrative Advisory SPED 2007-1 for guidance. The Department has revised this form; please check the Department’s Special Education website at http://www.doe.mass.edu/news/news.asp?id= 3295.. Please review the new requirements for transition planning and services with appropriate staff. No additional progress report is required. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 2 of 16 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 Criterion Number/Topic (Refer to full text of 20062007 CPR requirements) Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Documentation Based on the documentation review, interviews, and record review, the 45-day timeline for the determination of eligibility is adhered to. SE 9 Eligibility & Timelines SE 18A IEP Development Review, Interviews, Record Review Documentation Review, Interviews, Record Review Documentation SE 18B Placement Review, Interviews, Record Review Documentation SE 20 Least restrictive environment Review, Interviews, Record Review Corrective Action Not Implemented or Not Effective or New Issues Identified Based on the documentation review, interviews, and record review, the IEPs were generally well-written and included all required elements. However, the measurability of goals was still inconsistent across the district. *Please note that the Department has recently changed the implementation requirements for providing an IEP “immediately” following its development in a Team meeting. Refer to the “best practice guidance” memo on the Department’s Special Education website at http://www.doe.mass.edu/news/news.asp?id= 3182 Please review the new guidance for the “immediately” standard with appropriate staff. No additional progress report required. Based on the documentation review, interviews, and record review, the nonparticipation justification statements provided clear reasons for a student’s removal from the regular education setting. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 3 of 16 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 Criterion Number/Topic (Refer to full text of 20062007 CPR requirements) SE 22 IEP implementation and availability Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Documentation Based on the documentation review, interviews, and record review, all teachers are informed of their specific responsibilities for carrying out what is agreed to on an IEP. Partial Review, Interviews, Record Review 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 IEPs written during the year, changed during the year by way of team meeting, and amended during the year, are not always distributed to all necessary staff. Please analyze each school’s procedure for distributing IEPs during the school year, and change procedures that do not ensure that all teachers are informed of their responsibilities immediately when there is a change. Please provide the Department with these procedures no later than November 1, 2007. The district must develop a plan for monitoring the implementation of these new procedures and report the findings to the Department no later than March 28, 2008. Documentation SE 24 Parental Notice Review, Interviews, Record Review Based on the documentation review, interviews, and record review, notice forms contain all required elements, and are sent to parents/guardians appropriately. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 4 of 16 Criterion Number/Topic (Refer to full text of 20062007 CPR requirements) Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Documentation Based on the documentation review, interviews, and record review, notice forms contain all required elements. Therefore, when parents provide consent, they are doing so having been fully informed. SE 25 Parental Consent SE 36 IEP Implementation and Accountability Review, Interviews, Record Review Documentation Review, Interviews, Record Review Corrective Action Not Implemented or Not Effective or New Issues Identified Based on the documentation review, interviews, and record review, the 45-day timeline for the determination of eligibility is adhered to, and IEPs are immediately implemented after parental consent. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 5 of 16 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 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Special Education Criteria created or revised in response to IDEA-2004 Documentation SE 6 ##1 - 3 Determination of Transition Services SE 8 IEP Team composition and attendance SE 12 Frequency of re-evaluation Review, Interviews, Record Review Documentation Review, Interviews, Record Review Documentation Review, Interviews, Record Review See SE 6 above. Based on the documentation review, interviews, and record review, district staff members are aware of the new IDEA 2004 IEP Team member excusal requirements. Based on the documentation review, interviews, and record review, re-evaluation timelines are consistently adhered to. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 6 of 16 Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Documentation SE 13 Progress Reports and content Review, Interviews, Record Review Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Based on the documentation review, interviews, and record review, the progress reports were distributed along with report cards, and included all required elements. *Please note that recently enacted IDEA2004 regulations have now changed the content requirements for IEP progress reports. Refer to Administrative Advisory SPED 2007-1 for guidance. The Department has changed the progress report form and it is now available on the Department’s Special Education website at http://www.doe.mass.edu/sped/iep/eng_toc.ht ml. Please review the new requirements with all appropriate staff. No additional progress report required. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 7 of 16 Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Documentation SE 14 Review and revision of IEPs Partial Review, Interviews, Record Review Basis of Determination that Criterion was Implemented District staff members are aware that amendments may be completed without reconvening a Team. Criterion Determined to be Partially Implemented or Not Implemented Partial Basis of Determination that Criterion was Partially Implemented or Not Implemented The onsite team found that amendments were routinely used to extend IEP dates. Required Corrective Action, Timelines for Implementation, and Progress Reporting Please change procedures and provide training for staff members on the appropriate use of amendments. No later than November 1, 2007, please provide the Department with evidence of this training (sign-in sheets, agendas, materials, etc.) In addition, the district must develop a plan for monitoring the implementation of amendment procedures. Please report on the following: 1) the number of records reviewed; 2) the number found to be in compliance; 3) the date(s) the monitoring was conducted; 4) identify the person(s) responsible; and 5) any additional corrective actions taken if needed to the Department no later than March 28, 2008. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 8 of 16 Documentation SE 25B Resolution of disputes Review, Interviews Documentation SE 33 Involvement in the General Curriculum SE 39A Procedures for services to eligible private school students whose parents reside in the district Review, Interviews, Record Review Documentation Review, Interviews, Record Review Based on the documentation review and interviews, administrative staff are aware of these regulations, and will use the procedure as appropriate. To date, the district has not needed to use this procedure. Based on the documentation review, interviews, and record review, a student’s involvement and progress in the general curriculum is measured, discussed among the IEP Team members, and noted on each IEP. Based on the documentation review, interviews, and record review, students in private schools whose parents reside in district are given evaluations and, if found eligible, they may access a full range of services. Please note that consistent with recently enacted IDEA-2004 regulations, the public school district’s procedures for consultation with private schools requires the public school to obtain written affirmation of the private school representative’s participation. Refer to Administrative Advisory SPED 2007-1 for guidance. No additional progress report required. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 9 of 16 Documentation SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state Review, Interviews Based on the documentation review and interviews, students in private schools whose parents reside out of state have the opportunity to access special education services. However, there are currently no private schools in Easton. SE 46 Procedures for suspension of students with disabilities more than 10 days Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 10 of 16 Based on the documentation review and interviews, the district’s codes of conduct have not yet been revised to conform with the new IDEA 2004 regulations. Please revise discipline policies and handbooks, and provide training for appropriate staff members on the new policies. No later than November 1, 2007, please provide the DOE with the revised policies and evidence of this training (sign-in sheets, agendas, materials, etc.) Criterion Number/Topic (Refer to full text of 20062007 CPR requirements) Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Documentation Based on documentation and interviews, the district’s pregnancy policy allows pregnant students to remain in school for as long as possible. Corrective Action Not Implemented or Not Effective Or New Issues Identified Civil Rights (MOA) and Other General Education Requirements MOA 6 In School Programs for Pregnant Students Review, Interviews Documentation MOA 18 (formerly part of SE 50) Instructional Support MOA 23 Comparability of Facilities Review, Interviews, Record Review Observation, Documentation Review Documentation review, interviews, and record review indicated that school-based instructional support teams now have a balanced mixture of special educator and regular education staff. The DOE team toured the newly renovated Oliver Ames High School. The old A-Wing, which previously housed Project Opportunity, has been demolished. The location of the current program is in a much more central location, in close proximity to regular education classrooms and students. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 11 of 16 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 Other Regulated Programs Monitored During this Mid-cycle Review Documentation SE 5 MCAS Partial Review, Interviews, Record Review Documentation review, interviews, and record review indicated that on most IEPs, MCAS accommodations were consistent with classroom accommodations Partial Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 12 of 16 Record review showed that some students are receiving accommodations on MCAS that they are not receiving in the classroom. Furthermore, the phrase “additional MCAS accommodations by teacher discretion,” or similar language, was found on some IEPs. MCAS accommodations are based on Team decisions, not on teacher discretion during test day. The district must conduct training for appropriate personnel regarding differences between MCAS and classroom accommodations, and then develop a plan for monitoring assessments in each school. By November 1, 2007, identify by role, the person(s) responsible for conducting the internal monitoring. Provide the Department with the results of monitoring activities, including: the number of records reviewed and the rate of compliance, along with a description of any additional steps taken by the district if noncompliance was identified by local personnel. EASTON PUBLIC SCHOOLS English Learner Education (ELE) Requirements Mid-Cycle Review Findings and Corrective Action Based on the Department’s Review Of Local Self-Assessments (Please refer to full text of 2006-2007 CPR requirements for ELE and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc ) ELE Criterion Number and Topic ELE 1 Annual Assessment Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting District’s procedures indicate that “all students take the MCAS unless the principal determines that the student is unable to do so, in which case a waiver is applied for from the DOE.” Contrary to this procedure, the DOE’s MCAS procedures require all students to take the MCAS test, regardless of English proficiency status. The only exception is made for the ELA portion of the MCAS for students who are in their first year of schooling in the United States. The district must change its procedures for student participation in the MCAS and make all administrative staff members aware of the revised procedures. Please refer to the Department’s advisory on this topic at: http://www.doe.mass.edu/mcas/participation/?section=lep. No later than November 1, 2007, please provide the Department with the new procedure, as well as assurance that all administrators have been apprised of it. ELE 2 MCAS Participation ELE 3 Initial Identification Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 13 of 16 ELE Criterion Number and Topic ELE 4 Waiver Procedures Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 7 Parent Involvement ELE 8 Declining Entry to a Program Required Corrective Action, Timelines for Implementation, and Progress Reporting The district has been providing LEP students with English as a Second Language tutoring from an uncertified teacher. The district must provide LEP students with ESL instruction from an ESL-certified instructor, no later than November 1, 2007, please provide the Department with the district’s plan for providing LEP students with ESL instruction. ELE 5 Program Placement and Structure ELE 6 Program Exit and Readiness Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) ELE 9 Instructional Grouping ELE 10 Parental Notification Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 14 of 16 ELE Criterion Number and Topic ELE 11 Equal Access to Academic Programs and Services ELE 12 Equal Access to Nonacademic and Extracurricular Programs ELE 13 Follow-up Support ELE 14 Licensure Requirements Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Required Corrective Action, Timelines for Implementation, and Progress Reporting See ELE 5. See ELE 5. Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 15 of 16 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 15 Professional Development Requirements ELE 16 Equitable Facilities Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Required Corrective Action, Timelines for Implementation, and Progress Reporting Sheltered English Immersion training has not been provided to any regular education teachers in the district. No later than November 1, 2007, please provide the Department with the district’s plan for providing regular education teachers with Sheltered English Immersion training—especially those teachers who have LEP students in their classes. The district’s most recent ELE program evaluation was from the 2003-2004 school year. The program will change as a result of this review, and thus the program will need to be evaluated to determine its effectiveness. No later than November 1, 2007, please provide the Department with the district’s plan for evaluating its ELE program. In this plan, please include a timeline, the criteria the district will use to determine the program’s effectiveness, and the persons responsible for evaluating the program. ELE 17 Program Evaluation ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) Mid-cycle Report Format 2007.doc Rev. 1/3/07 Easton Public Schools Coordinated Program Review Mid-cycle Report August 3, 2007 Page 16 of 16