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 July 11, 2005 William Schwartz Executive Director Foxboro Regional Charter School 131 Central Street Foxboro, MA 02035 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Mr. Schwartz: Enclosed is the Department's Coordinated Program Review Follow-up Monitoring Report together with findings regarding your district’s Coordinated Program Review Mid-cycle Review. This report contains the Department's findings based on the onsite activities conducted in your school district to verify the implementation status and effectiveness of corrective steps taken in response to your Coordinated Program Review Report issued on March 13, 2002. While the Department of Education found certain noncompliance issues to be resolved, others were partially corrected, not addressed at all and/or new issues were identified by the Department’s onsite team. In areas where the district has failed to implement fully its approved Corrective Action Plan, the Department views these findings to be serious. As the Department previously informed you, in cases where a district fails to fully and effectively implement a Corrective Action Plan, which was proposed by your district and approved by the Department, the Department must then prepare a Corrective Action Plan for the district, which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report together with any steps that must be taken by the district to fully implement new special education requirements. Please provide the Department with your written assurance that the Department's requirements for corrective action will be implemented by your school district within the timelines specified. Your statement of assurance must be submitted to the Department's Onsite Chairperson by August 1, 2005. Your staff's cooperation throughout these Follow-up Monitoring activities is appreciated. Should you require additional clarification of information included in our report, please do not hesitate to contact the Onsite Team Chairperson at 781-338-3752. Sincerely, Amber A. Zdunich, Coordinated Program Review Follow-up Chairperson Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services c: Encl.: David P. Driscoll, Commissioner of Education Follow-up Monitoring Report MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Foxboro Regional Charter School ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on May 8, 2002 Progress Reports Submitted on December 26, 2002, January 31, 2003 and May 21, 2003 Onsite Visit Conducted on April 11-12, 2004 Date of this Report July 11, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Although the school has a procedure for determining a Specific Learning Disability, record review indicates that the SLD Form is not always used or is incomplete, and does not always contain the required Team member signatures. Record review further indicates that the required student observation is not being No later than September 30, 2005, the school should submit a plan for training all staff on all requirements for the determination of specific learning disabilities. Special Education Requirements SE 3 Special requirements for determination of specific learning disabilities Partially Implemented Documentation Record Review Interviews The Charter school (school) submitted their procedures for determining Specific Learning Disabilities (SLD) that includes all required elements. Interviews indicate that the Team documents the presence of a Specific Learning Disability using a SLD Determination form that is kept in the student’s Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of courses of study related to needed transition) Partially Implemented Documentation Record Review Interviews SE 13 Progress Reports and content Partially Implemented Documentation Record Review Interviews record. The school submitted a policy and procedure that includes participation by the student and use of a student questionnaire and Career Path & Networks to assist students in identifying interests and goals related to transition. Record review indicates outside agencies are invited to and attend Team meetings, when warranted, to determine transition services. Team meeting attendance sheets indicate student’s routinely participation in Team meetings and their vision statements reflect their preferences and interests. The district submitted procedures for completing progress reports for students with disabilities. The school writes IEP progress reports three times per year and distributes them to parents when reports cards are issued. 2 Partially Implemented Partially Implemented conducted. Record review indicates student’s preferences and interests are included in the IEP, however, IEP’s do not always reflect transition services on the Present Levels of Educational Performance B or the Additional Information page. Record review further indicates that the student questionnaire and Career Path & Networks information is not in student records. Record review indicates that not all progress reports were completed as delineated in the schools procedures. Specifically, not all records contained the appropriate number of progress reports and progress reports did not always include No later than September 30, 2005, the school should submit a plan for training all staff on the use and inclusion of transition information and services on student’s IEP’s. No later than September 30, 2005, the school should submit a plan for training all staff on completion of progress reports with all required elements. The school should also submit a monitoring plan for ensuring all progress reports are completed and provided to parents at least as often as the parents of non- Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 15 Outreach by the School District (Child Find) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Implemented Documentation Interviews information regarding performance related to the goal and benchmarks or a statement indicating whether progress was sufficient enough to achieve the goal by the end of the IEP period. disabled peers. Record review indicates that goals do not always change from year to year and amendments to IEP’s have been developed outside of a Team meeting. No later than September 30, 2005, the school should submit a plan for staff training on development of annual goals and development of IEP amendments in light of new regulations. Interviews indicated that the school has a building based support team called STAT that handles all referrals within the schools. Not Applicable to Charter Schools. SE 17 Initiation of services at age three and Early Intervention transition procedures SE 18A IEP development and content Comments Regarding Corrective Action Plan Implementation Partially Implemented Documentation Record Review Interviews The district submitted a list of individuals with the authority to commit resources. Record review indicates an individual with the authority to commit resources is consistently at Team meetings. Interviews 3 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Record review indicates that the placement page (PL1) has all programs checked off with a red line drawn through all programs that do not apply. In addition, notice forms were not individualized, did not contain all required elements and were not always found in records. The school did not submit a description of programs and services that are available to meet the needs of all students. Record review indicates that nonparticipation justification statements do not always state why removal from the general education classroom is critical for the student’s program. Interviews also indicate that student’s who require a program that is No later than September 30, 2005, the school should submit a plan for staff training on completing PL1 forms and writing individualized notice forms that contain all required elements. In addition, the school should submit a monitoring plan for ensuring notice forms are always provided when proposing an IEP, an amendment or a PL1. indicate that Teams develop IEPs using current performance or evaluation data. SE 18B Determination of placement: immediate provision of IEP to parent Partially Implemented Documentation Record Review Interviews The school submitted a procedure for determining placement that includes all required elements. Interviews indicate that the IEP is provided to the parents immediately following the Team meeting with required notice. Partially Implemented SE 20 Least restrictive program selected Partially Implemented Documentation Record Review The school currently provides all special education services in an inclusion or partial inclusion setting. Interviews indicate that the student’s program is always discussed at the Team meeting and a decision regarding placement is based on the individual student’s needs. Partially Implemented 4 No later than September 30, 2005, the school should submit a description of all programs that are available. The school should also conduct a self-evaluation of special education programs to determine if the continuum of alternative services and programs is sufficient to meet the needs of all students. The school should submit a plan for staff training on writing nonparticipation justification statements that indicate why removal is critical to the student’s program. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance more restrictive than partial inclusion return to their home district for programming. SE 22 IEP implementation and availability (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service delivery where there is a lack of space and /or personnel) Implemented Documentation Interviews SE 26 Parent participation in meetings (Emphasis on district’s attempts to ensure parent participation at IEP Team meetings) Implemented Record Review Interviews The school submitted a description for notifying school personnel of IEP’s that ensures immediate implementation of the IEP when parental consent has been received. All teacher’s and service providers sign a sign-off sheet that indicates they have reviewed and understand the IEP. If a provider is unavailable, the district contract’s with outside providers to ensure no lapse in services. Record review and Continuous Improvement Plan data indicate a high rate of parent participation in Team meetings. The school provides written notice on mandated forms 10 days in advance of the Team meeting. In addition, a parent questionnaire is forwarded to parents that allows parent to write 5 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 28 Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents’ rights Partially Implemented Record Review Interviews SE 29 Communications are in English and primary language of home Implemented Documentation Interviews SE 32 Parent advisory council for special education Partially Implemented Documentation Interviews down their concerns, student’s strengths and goals prior to the Team meeting. Interviews indicate that phone conferencing and rescheduling of Team meetings have been utilized in an effort to ensure parent participation. Record review and interviews indicate the school has a procedure for immediately providing the parent with a proposed IEP and proposed placement with required notice following the development of the IEP. The school has a procedure for obtaining native language interpreters when needed. Interviews indicate the school has established a Parent Advisory Council (PAC) and all parents are invited to participate. The school submitted the PAC officers list and copies of 6 Partially Implemented Record review indicates notice forms were not individualized and did not include all required elements. In addition, notice forms were not always found in student records. See SE 18 B. Partially Implemented Documentation and interviews indicate that there are no PAC by-laws. In addition, there is no evidence of collaboration between the PAC and Board of Directors or the No later than September 30, 2005, the school should submit a plan for ensuring collaboration between the Board of Directors and the PAC and conducting the required parent workshop on parent and student rights under Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting required annual workshop for parents on parent and student rights under federal and state special education regulations. Although there is evidence of collaboration and ongoing communication between the Director of Special Education and the School Coordinators, the school did not submit a description of Special Education services that are available for LEP student’s, the school’s curriculum accommodation plan or information on homehospital services. The district submitted an outdated description of the professional development plan for paraprofessionals that states “SABIS Foxborough Regional Charter School.” state and federal regulation. In addition, the PAC should establish by-laws and submit a copy of the by-laws to the Department. agendas and sign in sheets from Parent Advisory Council meetings. SE 50 Responsibilities of the School Principal and Administrator of Special Education Partially Implemented Documentation Interviews The school submitted copies of the Director, Special Education and School Coordinator job descriptions. In addition, weekly meetings between the Director of Special Education and School Coordinators are held weekly to discuss instructional supports. Partially Implemented SE 54 Professional development regarding special education Partially Implemented Documentation Interviews The district submitted copies of training agendas from ongoing staff training related to special education, including, but not limited to, state and federal special education regulations, accommodating diverse learning needs of all students and confidentiality of records. Partially Implemented 7 No later than September 30, 2005, the school should submit a description of Special Education services that are available for LEP student’s, the school’s curriculum accommodation plan and information on home-hospital services. No later than September 30, 2005, the school should submit an updated description if the professional development plan for paraprofessionals. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 56 Special education programs and services are evaluated Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Partially Implemented Documentation Interviews The district submitted a copy of an evaluation of the special education programs and services conducted in 2002-2003 Educational Resources. Partially Implemented Review of the Educational Resources special education program evaluation indicates that the school would be conducting a full evaluation of program and service effectiveness over three years. Data submitted was for the first year of the evaluation and included surveying general education teachers, special education teachers and direct services providers regarding delivery of special education services. The district did not submit information for the second or third year phases of the evaluation. Further, the evaluation did not include analysis of student performance, MCAS, graduation, expulsion or drop-out data. No later than January 30, 2006, the school should conduct an evaluation of the effectiveness of its special education programs and services that includes an analysis of student performance, MCAS, graduation, expulsion and dropout data. Partially Implemented Documentation Record Review Interviews Documentation and interviews indicate that the school evaluates students in all areas of suspected Partially Implemented Record review and interviews indicate that the school does not always evaluate in all areas of No later than September 30, 2005, the school should submit a procedure for obtaining a waiver of assessments from parents when Other Requirements SE 2 Required and optional assessments 8 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting disability or suspected disability “if no further assessments are required at the time of a reevaluation.” Record review indicates that the school does not obtain a waiver from the parent when assessments are not completed for reevaluations. Record review also indicates that the school does not always complete an educational evaluation for reevaluations. The Team makes a determination of whether assessments are needed and documents the decision in Team notes. There is no evidence of how the Team determined continued eligibility for special education when assessments were not completed for reevaluations. evaluations are not completed for reevaluations. The school should also submit procedures and a staff training plan for determining continued eligibility for special education when parents waive assessments for reevaluations. disability for initial evaluations. The Team uses evaluation data to determine eligibility for special education. SE 8 Evaluation Team composition Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Implemented Documentation Record Review Interviews The school submitted a list of all staff in the school that has the authority to commit the schools resources. Record review and interviews indicate 9 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting that Team meetings include all required participants including parents and students age fourteen or older. SE 9 Eligibility determination: Timelines for evaluation, provision of IEP and/or identification of other needed instructional programs Partially Implemented Record Review Interviews SE 10 End of school year evaluations Implemented Record Review Interviews Record review and interviews indicate that the school consistently meets timelines for evaluation and the provision of the IEP to parents following a Team meeting. Record review and interviews indicate that students who are not eligible for Special education are considered for 504 Accommodation Plans. Record review and interviews indicate that the school conducts end of school year evaluations when consent is received within 30-45 school working days before the end of the school year to ensure parents are provided with a proposed IEP or written notice within 14 days of the end of the school year. 10 Partially Implemented See SE 2 and SE 18 B. See SE 2 and SE 18 B. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 12 Frequency of reevaluation Partially Implemented Documentation Record Review Interviews See SE 2 SE 14 Annual review Team meeting Implemented Record Review Interviews SE 19 Extended evaluation Partially Implemented Record Review Interviews Record review and interviews indicate that the school consistently conducts annual reviews on or before the anniversary date of the implementation of the IEP to review the student’s progress and to review, revise or develop a new IEP. Record review and interviews indicate that the school obtains parent consent to conduct an extended evaluation when a student has been found eligible for special education but the Team has insufficient information to develop a full or partial IEP. The school documents the extended evaluation on the appropriate forms and completes the evaluation within eight school weeks. 11 Partially Implemented See SE 2. See SE 2. Partially Implemented Record review indicates that although the district conducts extended evaluations the Team does not always meet to discuss the findings of the extended evaluation at the conclusion of the extended evaluation. No later than September 30, 2005, the school should submit procedures for holding a Team meeting no later than eight weeks after the extended evaluation is completed to consider the evaluation data and amend or develop an IEP. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Partially Implemented Record Review Record review indicates that the school uses the required notice forms when proposing or refusing to initiate or change the identification, evaluation or education placement of the student. Partially Implemented Record review indicates that notice forms were not individualized, did not contain all required elements and were not always found in records. No later than September 30, 2005, the school should submit a procedure for sending required notice to parent and a plan for staff training on writing individualized notice forms that contain all required elements. SE 25 Parental consent Partially Implemented Record Review Interviews Interviews indicate that the district obtains consent prior to conducting evaluation or implementing IEP’s and placements. Partially Implemented Record review indicates the district does not always obtain consent prior to conducting an evaluation. In addition, records indicate that the parent does not always sign and date the IEP and PL 1 or indicate if they accept or reject the proposed IEP or placement. No later than September 30, 2005, the school should submit a procedure and a monitoring plan for obtaining parental consent prior to conducting an evaluation and implementing an IEP and placement. SE 33 Involvement in the general curriculum Implemented Documentation Record Review The district submitted a copy of the curriculum that has been fully aligned with the Massachusetts Curriculum Frameworks. Interviews and record review indicates that at least one Team member is familiar with the general curriculum. Record review 12 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The school did not submit a description of programs and services that are available to meet the needs of all students. No later than September 30, 2005, the school should conduct a self-evaluation of all special education programs to determine if the continuum of alternative services and programs is sufficient to meet the needs of all students. SE 34 Continuum of alternative services and placements Partially Implemented Documentation Interviews SE 35 Specialized materials and assistive technology Implemented Record Review Interviews SE 36 IEP implementation, accountability and financial responsibility Implemented Documentation Interviews indicates that the school reflects the student’s participation in the general curriculum on the IEP and notes modifications in content and methodology when providing specially designed instruction. Interviews indicate that the school provides services to special education students in inclusion and partial inclusion settings. Record review and interviews indicate that assistive technology and specialized materials are discussed at all Team meetings and are documented on Present Levels of Education A and B (PLEP A & B). Documentation and interviews indicate that within one day of receipt of the IEP, all staff is provided with a copy of the accepted IEP. At that time, service providers review and begin 13 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified SE 40 Instructional grouping requirements for students aged five and older Implemented Documentation Interviews SE 43 Behavioral interventions Implemented Documentation Interviews implementing the IEP. IEP dates and implementation of the IEP are monitored by an education liaison assigned to each student. Further, at the beginning of each school year, each teacher is a provided with a list of all students who have IEP’s that have been assigned to their classrooms. The school submitted classroom rosters for all partial inclusion settings. Each roster includes the name of each student and the name of the teacher and aides present for each section. Review of the rosters indicates that all settings meet instructional grouping requirements. Although the school does not currently have any student’s whose behavior interferes with learning, the school submitted a copy of their procedures for completing a Functional Behavioral Assessment (FBA) and 14 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation development of a Behavioral Intervention Plan should it be necessary. Review of the procedure also indicates that if a student’s disability hinders them from being able to follow the code of conduct, PLEP B will reflect how the school will meet the needs of the student. SE 44 Procedures for recording suspensions Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Interviews Documentation and interviews indicate that the school utilizes out of school and in-school suspension. Department heads are notified in writing of students who have been suspended that explains the reason for suspension and when the student is expected to return to their regular setting. The Special Education Director is responsible for monitoring the number of days and amount of time students with IEP’s are placed in this setting. 15 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Although students in inschool suspension are provided with related services and their classroom work, it is unclear who is providing special education students with their specially designed instruction when in in-school suspension. No later than September 30, 2005, the school should submit a description of how special education services are provided to a student who has been assigned in-school or out of school suspension. SE 45 Procedures for suspension up to 10 days and after 10 days: General requirements Implemented Documentation Interviews SE 46 Procedures for suspension of students with disabilities Partially Implemented Documentation Interviews Documentation and interviews indicate that the Special Education Director is responsible for monitoring suspension of special education student’s. Review of the handbooks indicates parents and students are provided with the code of conduct and discipline procedures. Students subject to discipline procedures and suspension are afforded due process during suspension proceedings and are not suspended if the misconduct is a manifestation of the student’s disability. See SE 45. Interviews indicate that students with IEPs who are subject to in-school suspension are provided with IEP services and classroom assignments while in the in-school suspension setting and are expected to complete the work. 16 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Although the handbook provided to parents and students contain the code of conduct and discipline procedures, the handbook does not contain information regarding students who have not yet been determined eligible for special education. The school provided a copy of special education teachers licenses, however, the Department cannot determine what courses or grades they teach. No later than August 1, 2005, the school should submit a copy of the parent/student handbook that contains information related to discipline procedures for students who have not yet been determined eligible for special education. SE 47 Procedural requirements applied to students not yet determined eligible for special education Partially Implemented Documentation Interviews Interviews indicate that students who have not yet been determined eligible for special education services are afforded the same protections as students with disabilities. Partially Implemented SE 51 Appropriate special education teacher certification Partially Implemented Documentation The district submitted a copy of special education teachers licenses, certifications and requests for wavier. Partially Implemented SE 52 Appropriate certifications or other credentials – related services Partially Implemented Documentation The school submitted a copy of related service providers licenses and certifications. Partially Implemented 17 Although the school submitted a copy of related service providers licenses and certifications, review of the certifications and licenses indicates that not all identified service providers have current credentials and in some instances, names were different making it No later than September 30, 2005, the school should submit a staff roster that includes the names of all special education teachers, both hired and contracted, their role and what grades they teach. In addition, the school should submit a current copy of all special education teachers’ licenses, certifications or approved waivers. No later than September 30, 2005, the school should submit a staff roster that includes the names of all special education related service providers, hired and contracted and their role. In addition, the school should submit a current copy of all related service providers’ licenses, certifications or approved waivers. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting SE 53 Use of paraprofessionals Partially Implemented Documentation Record Review Interviews SE 55 Special education facilities and classrooms Partially Implemented Interviews Facility Tour The school submitted a description of paraprofessional responsibilities and an outline of professional development requirements. Record review and interviews indicate that paraprofessionals are always documented on the student’s IEP and paraprofessionals are responsible for implementation of IEP accommodations and modifications. Interviews and a facility tour indicate that all special education services are being provided in a designated classroom. 18 Partially Implemented Partially Implemented difficult to determine who is providing services. The district submitted an outdated description of the responsibilities and professional development plan for paraprofessionals that states “SABIS Foxborough Regional Charter School.” Although special education services are now conducted in a designated classroom, a tour of the facility indicates that most special education classrooms are clustered in the 200-wing of the building. In addition, the upper level partial inclusion setting is a shared space that is not equal to regular education classroom settings. No later than September 30, 2005, the school should submit an updated description of the responsibilities and professional development plan for the paraprofessionals that reflects the current school name and responsibilities that paraprofessionals are expected to meet. No later than September 30, 2005, the school should submit a plan for relocating special education classrooms in a manner that will facilitate and maximize the integration of special education students with regular education students. In addition, the plan should identify where the upper level partial inclusion setting will be relocated that will ensure equitability relative to the regular education settings. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Although the school has a mechanism for identifying students who have a home language that is not English, the school did not submit a description of its identification process used to identify students who are limited English proficient (LEP), how it assesses English language proficiency, what assessment tools are being used or the names and qualifications of persons implementing the identification procedures. No later than September 30, 2005, the school should submit a description of the identification process used to identify LEP students, what assessments are being used to determine English language proficiency and the name and qualifications of the person implementing the identification process. In addition, the school should submit its SIMS data for the 2004-2005 school year. SE 58 Federal Special Education Entitlement Grant Implemented Interviews MOA 1 Identification of limited English proficient Partially Implemented Documentation Interviews MOA 6 Availability of inschool programs for pregnant students Implemented Documentation Interviews The school applied for a Federal Special Education Grant on 12/7/04. On 12/10/04 the grant was approved and the school has submitted evidence that it is using the funds to implemented special education services. Documentation and interviews indicate that all students are provided with a home language survey as part of registration. There is evidence that the school is conducting the MELA-O and reporting the information to the Department. Documentation and interviews indicate that the school allows pregnant students to stay in and participate in all school activities. All needs of the 19 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Although the coordinators are identified in student handbooks, there is no contact information available. Further, the Department could not determine how all staff is provided with the coordinators’ names and contact information or how grievance procedures are distributed to staff. The school submitted a proposed policy that contains all required information that is going before the Board of Directors for approval and adoption. No later than August 1, 2005, the school should submit a copy of the student handbooks that contain the names and contact information of the Title IX, Section 504 and Title X Homeless Coordinator. The school should also submit a description of how staff is informed of the coordinators and grievance procedures. student are coordinated between the guidance counselor, student, parents and physician. MOA 11A (formerly MOA 12) Grievance procedures Partially Implemented Documentation Interviews The school submitted a list that identifies the Title IX, 504 and Title X Homeless Coordinators. Review of the student handbooks contains the names of the coordinators. Formal and informal grievance procedures have been developed and are included in student handbooks. Partially Implemented MOA 16 Notice to students 16 years or older leaving school without a high school diploma, certificate of attainment or certificate of completion Partially Implemented Documentation Interviews The school submitted a copy of a proposed policy regarding student notification when a student 16 years or older is leaving school without a high school diploma, certificate of attainment or certification of completion with the required right to return to school. Partially Implemented 20 No later than September 30, 2005, the school should submit a copy of the approved policy, a description of what alternative education and placements are available, and a copy of the standard notice that will be provided to the student and their parents or guardians. In addition, the school should submit a description of how it will provide the information to the student and parents in their native language if the student’s home language is not English. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Although the school submitted a complete nondiscrimination statement, interviews indicated that they are in the process of developing formal policies and procedures related to employment procedures that are subject to Board of No later than September 30, 2005, the school should submit a copy of the formal employment policies and procedures that have been submitted to or approved by the Board of Directors. In addition, the school should submit pay schedules for all staff employed by the school, a MOA 17A Use of physical restraint on any student enrolled in a publicly funded education program Implemented Documentation Interviews MOA 18A (formerly MOA 20) Partially Implemented Documentation Interviews School district employment practices Comments Regarding Corrective Action Plan Implementation The school submitted a description of how it provides staff with training on physical restraints within the first 30 days of school or first 30 days of employment. The school currently employs 17 staff that have participated in CPI training and four staff are certified instructor trainers. In addition, the school submitted a copy of required reporting documents should they need to report a restraint. Interviews indicated that staff has been provided with restraint training within the required timelines and know who to contact should a restraint be needed. The school submitted a copy of their nondiscrimination statement that includes all required elements. 21 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting MOA 21 Staff training regarding civil rights responsibilities Implemented Documentation Interviews MOA 23 Comparability of facilities and programs Partially Implemented Interviews Facility Tour MOA 24 Curriculum review Implemented Documentation Interviews Director review and approval. description of recruitment practices, copies of nondiscrimination statements in recruitment letters, and vacancy announcements and advertisements. See SE 55. See SE 55. The school submitted copies of the policy and procedures related to harassment and discrimination that were provided to staff during a 9/2/04 civil rights training. Interviews indicate that civil rights training is provided annual to all school personnel. See SE 55. Partially Implemented The school submitted a copy of their procedures for reviewing curriculum and supplementary materials for bias, simplistic and demeaning generalizations. Interviews indicate that teachers use these procedures and 22 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Documentation and interviews indicate that the school has not conducted the required annual institutional selfevaluation of all programs to ensure all students have equal access to all programs regardless of race, color, sex, religion, national origin, limited English proficiency, sexual orientation, disability or housing status. No later than September 30, 2005, the school should submit a plan for completing the required annual self-evaluation of all programs to ensure all students have equal access to all programs. document their findings on a form and submit it to the department head for approval prior to using the materials in class. The school also submitted a copy of a memo to all staff that reminded them to use the curriculum review procedures for all materials prior to use in the classroom. MOA 25 Institutional selfevaluation Documentation Interviews Not Implemented 23