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 June 9, 2011 Andre Ravenelle, Superintendent Fitchburg Public Schools 376 South Street Fitchburg, MA 01420 Re: Mid-cycle Report Dear Superintendent Ravenelle: 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 2011. In this Mid-cycle 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.” However, the Department notes that the district’s overall compliance with regard to special education, since the district’s last Coordinated Program Review, has improved significantly. 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 June 27, 2011. Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions 1 about this letter or the enclosed report, please do not hesitate to contact Betsy Holcombe at (781) 338-3717. Sincerely, Betsy Holcombe, 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, Supervisor, Program Quality Assurance Services Kathleen Bernklow, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Fitchburg Public Schools Dates of the Mid-cycle Review Onsite: April 5 & 6, 2011 Date of this Report: June 9, 2011 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 7 Age of Majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Interviews Student Records Basis of Determination about Criterion Interviews and a review of student records indicated that students and their parents are not consistently informed of the transfer of decision making responsibility one year prior to the student’s 18th birthday. Additionally, in some instances, the district is also securing written student consent at age 17. Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 1 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district must review and update their procedures related to informing students and parents of the transfer of decision making responsibility one year prior to the age of 18 and the transfer of parental rights for students who have reached the age of majority. Once updated the district must provide training to appropriate staff members. (b) Progress Report Due Date(s) and Required Elements The district will submit the updated procedures related to transfer of parental rights and evidence of staff training, which will include but not be limited to a training agenda, attendance sheet and copies of the materials presented. 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 Subsequent to the completion of the corrective action, the district must conduct internal monitoring of student records to insure that procedures for informing students and parents one year prior to the 18th birthday and obtaining consent once the student has reached age 18 are initiated. Please note when conducting internal monitoring that district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 2 of 23 (b) Progress Report Due Date(s) and Required Elements Please submit this to the Department on or before October 14, 2011. Submit the results of an post-training administrative review of those records for students who have reached the age of majority subsequent to staff training to ensure that students and parents were informed of their rights prior to turning 18 and that consent is not made prior to turning 18. Indicate the number of records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of 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 additional corrective actions to be taken by the district to address any identified noncompliance. Please submit this to the Department on or before February 10, 2012. SE 52A Registration of educational interpreters Student Records Document Review The district does have a hard of hearing student who requires educational interpreting and the district does employ a staff member who is registered with Massachusetts Commission for the Deaf and Hard of Hearing, as required. Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 3 of 23 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 1 Assessments Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records A review of student records and district documentation demonstrated that the district is assessing students who are limited English proficient in their native language or use alternate assessments. Further, the district uses technically sound instruments to assess in social and emotional domains, and the results are interpreted by trained individuals and are tailored to assess specific areas of educational need. Document Review SE 2 Required Assessments Student Records A review of student records indicated that assessments are tailored Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 4 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 (b) Progress Report Due Date(s) and Required Elements to assess specific areas of educational need. The district routinely considers the need for assistive technology, as well as adaptive physical education. Psychological assessments are conducted for students referred with behavioral, social and emotional needs and student observations are conducted at the preschool level. SE 4 Assessment Results SE 8 IEP Team PI Student Records A review of student records showed that assessment reports define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting them. Interviews Interviews and a review of student records Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 5 of 23 The district must review and update their procedures related to The district will submit the Criterion Composition 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 Student Records indicated that Team meetings are held with parents and regular education teachers in attendance at the middle and high school levels, and the district documents attempts to involve parents in Team meetings. Translators are provided if needed. The district has procedures and documents parent excusals of Team members from Team meetings. IEP team composition and develop a plan to ensure that a district representative who can commit resources attends every IEP meeting. Further, the district must develop an internal oversight and tracking system to ensure that there is a Team member at each IEP meeting who is authorized to commit resources. Once the procedures have been revised and an oversight system has been developed the district must disseminate this information to appropriate special education staff members. However, the review of student records indicated that there is not always a person who can commit resources in attendance at Team meetings, in particular at annual reviews. As a result in some instances, Team meetings needed to be reconvened to approve or consider services. Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 6 of 23 Subsequent to the completion of the corrective action, the district must conduct internal monitoring of student records to insure that there is always a person who can commit resources at Team meetings, especially during annual reviews. Please note when conducting internal monitoring that the district must maintain the following documentation and (b) Progress Report Due Date(s) and Required Elements updated procedures and the district’s plan to address the lack of a person with the authority to commit district resources at Team meetings. Please provide evidence of staff training, which will include but not be limited to a training agenda, attendance sheet and copies of the materials presented. Also please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, 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 make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). (b) Progress Report Due Date(s) and Required Elements including the date for the system’s implementation on or before October 14, 2011. Submit the results of an administrative review of records for students who have had a Team meeting subsequent to the district’s implementation of corrective action, to ensure that there is always a person who can commit resources at Team meetings, especially during annual reviews. Indicate the number of Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 7 of 23 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 records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions to be taken by the district to address any identified noncompliance. Please submit this to the Department on or before February 10, 2012. SE 9 Timeline for Determination of Eligibility Student Records Interviews Student records and interviews with staff members demonstrated that the district consistently conducts assessments within 30 Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 8 of 23 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion school days and holds Team meetings within 45 school days as required. SE 13 Progress Reports Student Records Interviews SE 14 IEP Review Student Records Interviews and a review of student records indicated that parents receive reports on the student’s progress towards reaching the goals set forth in the IEP at least as often as parents are informed of the progress of nondisabled students. A review of student records demonstrated that annual reviews are routinely held prior to the expiration dates of the former IEPs. The district no longer uses IEP amendment forms to indicate a change of diagnosis or disability category. Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 9 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 15 Outreach by the School District SE 18A IEP Development Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Interviews Interviews with staff members and district documentation indicated that the district has annual or more frequent outreach and continuous liaison with community groups from which promotion or transfer of students in need of special education may be expected, or which would include students in need of special education Document Review Student Records A review of student records demonstrated that student IEPs address all required elements, including age specific considerations, goals and objectives, vision statements, specialized instruction, and assistive technology, adaptive physical education, and counseling supports. Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 10 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 Additionally, it was evident that IEPs are not changed at a higher administrative level within the district. SE 18B Placement Interviews Student Records SE 20 Least Restrictive Program Interviews Student Records Interviews with staff members and a review of student records indicated that Individualized Education Plans (IEPs) and summary sheets are provided immediately following the development of the IEP, that the district provides the parent with two (2) copies of the proposed IEP and the proposed placement along with the required notice. Student records and interviews with staff members showed that the district consistently considers the least Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 11 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 restrictive environment for special education students at the all levels. SE 22 IEP Implementation Interviews Student Records Student records and interviews with staff members demonstrated that the district consistently implements IEP services. In instances when the district has interruptions in services due to a lack of personnel, parents are notified and alternate methods to meet IEP goals are proposed by the district. Records and interviews also indicated that teachers are provided with IEPs and are informed of their specific responsibilities related to the implementation of students’ IEPs and the specific accommodations, modifications, and supports that must be Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 12 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 provided. SE 24 Notice to Parent Student Records Document Review A review of student records and district documentation indicated that the district consistently sends written notice to parents within five days of receiving a referral for an evaluation. SE 25 Parental Consent Student Records A review of student records demonstrated that observations are conducted as part of an evaluation once parental consent is received. SE 25B Resolution of Disputes Student Records District documentation and a review of student records indicated that within 15 days of receiving notice that a parent has made an official hearing request to Special Education Document Review Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 13 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 Appeals, the district convenes a meeting with the parent(s) and the relevant member(s) of the IEP Team as required. SE 26 Parent Participation Student Records Interviews SE 29 Communications are in Primary Language of Home Student Records Interviews Document Staff member interviews and a review of student records demonstrated that in cases where the district, after reasonable efforts, is unable to obtain the parents’ participation in Team meeting discussions and decisions, the district conducts the Team meeting and documents its attempts to facilitate the parents’ participation. A review of documents, student records and staff interviews indicated that assessment reports and IEPs are consistently Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 14 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Criterion SE 34 Continuum of Alternative Services Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Review translated for parents who do not speak English. Interviews Interviews, a review of student records and district documents indicated that the district ensures that a continuum of services and alternative placements are available to meet the needs of all students with disabilities, and takes all steps necessary to ensure compliance with all elements of the IEPs, including vocational education. Student Records Document Review The district provides services and supports (co-teaching, inclusion, teacher consultation or paraprofessional supports) for all content areas, as well as adaptive physical education, speech Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 15 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 language therapy, counseling and inclusion support. SE 35 Assistive Technology SE 36 IEP Implementation Interviews Student Records Student Records Interviews Document Review A review of student records and interviews showed that assistive technology is considered when developing IEPs, and when assistive technology is written into the IEP, the district implements all specified assistive technology services. Student records, interviews and district documentation demonstrated that the district has the adequate special education staff members in place to implement IEPs in the areas of speech language services, counseling services and adaptive PE for all students who Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 16 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 require these services. SE 39A Private School at Private Expense In District Student Records A review of student records demonstrated that for students in private schools at private expense, reevaluations are conducted and IEPs are developed annually and include parent signatures indicating that IEPs were accepted. SE 40 Instructional Groupings Interviews Interviews, documentation and observations indicated that the district has a system in place to ensure that instructional group sizes do not exceed state mandated group size requirements. Document Review Observations SE 41 Age Span Interviews Document Documents and interviews indicated that the district has a system Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 17 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 43 Behavioral Interventions SE 45 Suspensions Less Than 10 Days Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Review in place to ensure that the age span of all instructional groupings does not exceed 48 months. Interviews Interviews and a review of student records indicated that for those students whose behavior impedes their learning or the learning of others, the Team considers the student’s behavior including positive behavioral interventions and the possible need for a functional behavioral assessment. Student Records Interviews Student Records Interviews and a review of student records indicated that the district has a system in place to ensure that when a student with special needs has been suspended for 10 days in Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 18 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 any school year, during any subsequent removal the public school provides sufficient services for the student to continue to receive a free and appropriate public education. SE 46 Suspensions More Than 10 Days Interviews Student Records Interviews and a review of student records indicated that the district has a system in place so that prior to a suspension that constitutes a change in placement of a student with disabilities, district personnel, the parent, and other relevant members of the Team, as determined by the parent and the district, convene to review all relevant information in the student’s file to determine whether the behavior was caused by or had a direct and Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 19 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 substantial relationship to the disability or was the direct result of the district’s failure to implement the IEP. SE 49 Related Services Student Records See SE 36 above. Interviews Document Review SE 51 Teacher Licensure Document Review Documents demonstrated that all district special education teachers hold appropriate licensure and/or approved waivers from the Department. SE 53 Paraprofessionals Interviews Interviews and documents indicated that paraprofessional staff members are Document Review Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 20 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 appropriately trained to assist in providing special education or related services. Additionally, paraprofessional staff members do not design instruction for students with disabilities and they are under the supervision of an appropriately certified or licensed professional who is proximate and readily available. SE 54 Professional Development Interviews Document Review Documents and interviews demonstrated that the district has implemented a training plan to ensure that both general and special education receive training in state and federal special education requirements, as well as training in analyzing and accommodating the Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 21 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 diverse learning styles of all students. SE 55 Facilities Interviews Observations Facility observations were conducted at Fitchburg High School, Crocker Elementary School, South Street Elementary School, McKay Elementary School and Reingold Elementary School. The onsite observations demonstrated that there are appropriate spaces for the delivery of special education and related services, which are distributed throughout each of the schools to promote integration with general education peers. BF Brown Arts Vision School has been closed Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 22 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 and the school population has merged with Academy Pilot School to become Arthur Longsjo Middle School. Observations at this school also demonstrated that special education classrooms are distributed throughout the school to promote inclusion into the life of the school. Fitchburg Public Schools Coordinated Program Review Mid-cycle Report June 9, 2011 Page 23 of 23 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Fitchburg 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