COORDINATED PROGRAM REVIEW MID-CYCLE REPORT Charter School: Edward W. Brooke Charter School MCR Onsite Date: 11/14/2012 Program Area: Special Education Mitchell D. Chester, Ed.D. Commissioner of Elementary and Secondary Education COORDINATED PROGRAM REVIEW MID-CYCLE REPORT SE Criterion # 4 - Reports of assessment results Rating: Implemented Basis for Findings: A review of student records indicates that reports of assessment results consistently contain all required elements, including the procedures employed, the results, the diagnostic impressions, and define in detail and in educationally relevant terms, the student’s needs, offering explicit means of meeting those needs. SE Criterion # 7 - Transfer of parental rights at age of majority and student participation and consent at the age of majority Rating: Not Applicable Basis for Findings: Edward W. Brooke Charter School serves students in grades k-8 only. SE Criterion # 8 - IEP Team composition and attendance Rating: Implemented Basis for Findings: A review of student records indicates that the charter school has all required members in attendance at IEP Team meetings. In the event that a required Team member does not attend: 1. The charter school and parent agree, in writing, that the attendance of the Team member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or 2. The charter school and parent agree, in writing, to excuse the required Team member’s participation and the excused member provides written input into the development of the IEP to the parent and IEP Team prior to the meeting. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Edward W. Brooke Charter School Mid-Cycle Report – January 30, 2013 Page 2 of 6 SE Criterion # 18A - IEP development and content Rating: Implemented Basis for Findings: A review of student records indicates that IEP Teams consistently document the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing for students whose disability affects social skills development, or when the student’s disability makes him or her vulnerable to bullying, harassment or teasing. For students identified with a disability on the autism spectrum, IEP Teams consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. SE Criterion # 19 - Extended evaluation Rating: Implemented Basis for Findings: A review of student records indicates that the school implements all requirements for extended evaluations, including developing a full or partial IEP based on sufficient evaluation information that is available, as well as procuring parental consent and conducting the extended evaluation within eight weeks. SE Criterion # 25 - Parental consent Rating: Implemented Basis for Findings: While the school did not have a parent who revoked consent for special education services, a review of the documentation and an interview found that the charter school does have appropriate procedures in place regarding the revocation of consent. The charter school’s procedures indicate that if a parent has given consent for special education services then revokes that consent in writing, the charter school will promptly provide written notice to the parent of its proposal to discontinue services with information on how the parent can obtain a copy of the procedural safeguards. The procedures indicate that the charter school will provide this notice a reasonable time before it intends to discontinue services. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Edward W. Brooke Charter School Mid-Cycle Report – January 30, 2013 Page 3 of 6 E Criterion # 26 – Parent Participation in Meetings Rating: Implemented Basis for Findings: A review of student records and an interview indicate that the school makes reasonable efforts to obtain parents’ participation in Team meeting discussions and decisions. The charter school often conducts Team meetings with parents via conference telephone calls or, within the required timelines, reschedules Team meetings to accommodate parent schedules. If the charter school is unable to obtain parent participation after reasonable efforts are made, the school documents its attempts to facilitate the parents' participation under the Additional Information section of the IEP as well as on the Team Meeting Attendance Sheet (N3A) and in the Notice of Proposed School District Action (N1). After several unsuccessful documented attempts to procure parent participation, the school will conduct the Team meeting and propose an IEP and placement to the parent. SE Criterion # 29 - Communications are in English and primary language of home Rating: Implemented Basis for Findings: A review of student records indicates that the school consistently provides communications in the primary language of the home, if such primary language is other than English. When notices are provided orally or in some other mode of communication that is not written language, the school keeps written documentation that it has provided such notice in an alternate manner, along with the content of the notice and steps taken to ensure the parent(s) understands the content of the notice. SE Criterion # 32 - Parent advisory council for special education Rating: Implemented Basis for Findings: A review of documentation and an interview indicate that the school has a special education parent advisory council that has written by-laws regarding officers and operational procedures and consistently conducts annual parents’ rights workshops. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Edward W. Brooke Charter School Mid-Cycle Report – January 30, 2013 Page 4 of 6 SE Criterion # 46 - Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district Rating: Partially Implemented Basis for Findings: A review of student records and an interview indicate that the school consistently conducts manifestation determinations and functional behavioral assessments prior to or at 10 days of suspension. The school also implements behavior plans and reviews and revises IEPs, as required. However, a review of student records indicates that if a student has been suspended more than 10 days in a school year, the school does not provide services to enable the student, although in another setting, to continue to participate in the general curriculum and to progress towards IEP goals. An interview and documentation indicate that the charter school does not have a policy or procedure for students who have been placed in an interim alternative educational setting (IAES) either by the authority of the charter school or by the authority of a hearing officer. Department Order of Corrective Action: Review the student records in which a student was suspended more than 10 days in the school year. Analyze this information to establish the root cause(s) of the non-compliance in failing to provide services to enable the student to continue to participate in the general curriculum and to progress towards IEP goals. Based on this root cause analysis, indicate the specific corrective actions taken to remedy the non-compliance. Develop procedures for placing students in an IAES either by the authority of the charter school or a hearing officer. Train appropriate staff on these procedures. Develop an internal oversight and tracking system to ensure: 1. Students who are suspended more than 10 days in a school year receive services to enable the student to participate in the general curriculum and to progress towards IEP goals 2. Appropriate procedures are followed when placing a student in an IAES The tracking system should include supervisory oversight and periodic reviews to ensure compliance. Develop a report of the results of an internal review of records for students suspended more than 10 days and for students placed in an IAES since implementation of all of the corrective actions for evidence of compliance with the discipline of special education students. *Please note that when monitoring, the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the record review; b) Date of the review; c) Name of persons who conducted the review, their roles and their signatures. Required Elements of Progress Reports: Submit the results of the root cause analysis with specific proposals for remedying the noncompliance and associated timelines. Submit the procedures for placing students in an IAES and documentation of training on these procedures, including the agenda and signed attendance sheet. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Edward W. Brooke Charter School Mid-Cycle Report – January 30, 2013 Page 5 of 6 SE Criterion # 46 - Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district Submit a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by March 4, 2013. Submit a report of the results of an internal review of student records and include the following: 1) Number of records reviewed; 2) Number of records in compliance; 3) Results of the root cause analysis of any records in non-compliance; and 4) Specific actions taken by the charter school to remedy any noncompliance. Submit this report by June 11, 2013. Progress Report Due Date(s): 03/4/2013 06/11/2013 SE Criterion # 51 - Appropriate special education teacher licensure Rating: Implemented Basis for Findings: A review of documents indicates that all special education teachers are qualified to provide specialized instruction. SE Criterion # 54 - Professional development Rating: Implemented Basis for Findings: A review of documentation and an interview indicate that multiple workshops and trainings were conducted during the 2010-2012 school years on the topics of state and federal special education requirements and related local special education policies and procedures, and analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Edward W. Brooke Charter School Mid-Cycle Report – January 30, 2013 Page 6 of 6