The Commonwealth of Massachusetts Department of Education

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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
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