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 January 19, 2006 Dr. Christopher Martes, Superintendent Framingham Public Schools 454 Water Street Framingham, MA 01701-7699 Re: Mid-cycle Coordinated Program Review Report Dear Superintendent Martes: Enclosed is the Department of Education's Mid-cycle Coordinated Program Review Report. This report contains findings based on onsite monitoring activities conducted to verify the implementation status and effectiveness of corrective action activities approved by the Department that were intended to address findings of noncompliance included in the Framingham Public School District Coordinated Program Review Report issued on October 1, 2003. (In the remainder of this letter, please read “district” as meaning “school district or charter school.”) As you know, one component of the Department’s Mid-cycle Review process is the review of your district's self-assessment in the area of English learner education (ELE). The purpose of this activity is to determine if your district is beginning to implement the significant changes in M.G.L. Chapter 71A, this state’s law governing the education of limited English proficient students that was adopted by voters as Question 2 in 2002. The Department has reviewed your district’s ELE self-assessment documents and is providing you now with advisory comments and actions to be implemented in anticipation of your district’s next scheduled Coordinated Program Review. Where indicated in our report, your district is urged to request technical assistance in areas that, based solely on your self-assessment documents, were found not likely to be fully implemented. To secure assistance, you may consult with your Mid-cycle Review Chairperson or call Robyn Dowling-Grant in Program Quality Assurance Services at 781-3383732. You may also consult with staff in the Department’s Office of Language Acquisition and Achievement at 781-338-3534 and obtain additional ELE guidance documents through the Department’s web site at http://www.doe.mass.edu/ell/ . While the Department of Education found certain noncompliance issues to be resolved, others were partially corrected, not addressed at all and/or the Department’s onsite team identified new issues of noncompliance. 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 February 3, 2006. 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 781-338-3722. Sincerely, Susan D. Nichols, Coordinated Program Review Follow-up Chairperson Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Diane Throop, School Committee Chairperson Betsey McKeon, District Program Review Follow-up Coordinator Encl.: Mid-cycle Coordinated Program Review Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT Framingham School District ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Dates of this Mid-cycle Review Onsite Visit: December 14 – 16, 2005 Date of this Report: January 19, 2006 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Partial Documentation Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements The district is not documenting its efforts to include relevant courses of study needed to reach the stated transition goals into the development of the IEP. By May 26, 2006, submit a narrative description of how course of study considerations are addressed and documented in a student’s IEP and in Special Education Requirements (including new IDEA-2004 Requirements SE 6 Determination of transition services Interviews Student Records The Team, based upon the student's needs, annually discusses and determines the appropriate transition services to be implemented for students at the appropriate age. Partial Framingham Coordinated Program Review Mid-cycle Report January 19, 2006 Page 1 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements the development of transition goals and objectives in the Team meeting. The IEP Teams discuss the student’s transition need annually and before a student turns 15 years old. Students are routinely invited to IEP meetings when transition services are discussed and proposed. Vision and post secondary goals are measurable and vision statements include career exploration information and outside agency involvement, if applicable. SE 8 IEP Team composition and attendance Partial Interviews Student Records IEP Teams consistently have all required people in attendance at initial and reevaluations. Partial At the high school, some records indicated a regular education teacher was not always at annual review meetings. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 2 of 17 By May 26, 2006, submit a plan to ensure high school regular education teacher participation in annual review Team meetings, for the discussion regarding Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements student’s participation in the general curriculum and necessary accommodations, to the Department. SE 9 Timeline for determination of eligibility and provision of documentation to parent Student Records The district has a plan to identify factors that are interfering with provision of the IEP to parents immediately and a plan to address timeline accountability within each school to improve timeline compliance. The Special Education Director and the Assistant Special Education Director have met with all Team Coordinators, Special Education staff and principals at each building to promote adherence in this area. A review of the student records indicated that the district is making progress in Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 3 of 17 By May 26, 2006, submit to the Department of Education results of an administrative review of a sample of IEPs and the dates they were sent to the parents. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements providing the IEP to parents immediately. SE 12 Frequency of re-evaluation Student Records The district is re-evaluating students every three years (or sooner, if warranted) as required by regulation. The school district consistently and without delay arranges for additional assessments requested by parents. SE 13 Progress reports and content Partial Student Records Progress reports are documented in the student records and sent to parents/guardians consistent with regulated timelines. Partial The review of student records at the high school level indicated that progress reports did not always specifically address the goals or the student’s progress towards individual IEP goals. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 4 of 17 By May 26, 2006, provide training for appropriate high school staff on this requirement and provide the agenda and attendance sheet to the Department In addition, provide a random sample of 10 progress reports from the high school, to the Department. Criterion Number and Topic Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification SE 14 Review and revision of IEPs Student Records The district is conducting annual reviews as evidenced by the documentation within the student records. SE 18 A #1 and #2 IEP development and content Partial Student Records IEPs are generally including specially designed instruction and related services to meet the needs of individual students. (Refer to full text of 20052006 CPR requirements) Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements IEP Teams are using evaluation data to guide in the development of measurable annual goals. SE 25B Resolution of disputes Documentation Interviews Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Partial In the review of student records from the high school, goals and objectives on IEPs, are not always written in measurable terms, specific to the student’s disability and need for specialized instruction By May 26, 2006, provide training to all related high school staff on writing student IEP goals. Submit the agenda and attendance list to the Department. The district notifies the BSEA regarding any rejected IEPs received by the district. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 5 of 17 Submit the goals and objectives from 10 high school student IEPs written after the training Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 30 Notice of procedural safeguards SE 46 Procedures for suspension of students with disabilities more than 10 days Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Documentation The district is using the Department of Education’s Interim Notice of Procedural Safeguards. A copy was provided to the Department for review. Documentation The district has written procedures for the suspension of students with disabilities. Interviews Student Records Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance The district is conducting Functional Behavioral Assessments and the reports are well written and meaningful. The district’s manifestation determination procedures are consistent with federal requirements, and the manifestation determination reports in the student records were thorough and well documented. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 6 of 17 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 49 Related Services Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Partial Documentation The district submitted a list regarding the range of related services offered in the school district. Partial Interviews and student records indicated that not all students requiring counseling services have them written into the IEP service delivery grid. By May 26, 2006, the district must: Interviews Student Records The district is generally providing a wide-range of related services. Although counseling is a related service, there was indication in the high school student records that there are students not receiving counseling who have documented emotional or behavioral issues. The records indicated that there are students whose IEP’s do not have goals to address this disability or contain the provision of counseling services. In some cases the records indicated that students on IEPs may be provided with Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 7 of 17 Review the federal requirements, 34 CFR 300.24(a); 300.24(b)(2) and (9)(I-iv) and (13)(I-iv), regarding the provision of counseling as a related service, with Team chairpersons, special education and regular education personnel, related service personnel, guidance, school counselors, and principal. Submit verification of this training to the Department. Provide the Department with a description of how the district proposes to expand its capacity to provide appropriate counseling services Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements counseling access as needed through the Student Support Center; however, the onsite visit to the high school indicated that designated personnel were not always available for the services on an as-needed basis. consistent with individual student need. Provide the results of the district’s review of the continuum of counseling services available and any changes proposed to the existing services. Submit a list of counseling services provided to high school students on IEPs in the 05-06 SY. Indicate the duration and frequency of the service, the service provider and the grade level of the students. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 8 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Other Special Education Requirements Originally Cited in CPR Report SE 20 Least restrictive program selected Student Records Documentation The district considers the least restrictive environment and opportunities for inclusion for students through Team discussion at IEP meetings. Interviews The district ensures the program selected for a student is the least restrictive environment and, when removal from the general education classroom is needed, transition to a less restrictive program is promoted SE 34 Continuum of alternative services and placements Student Records Interviews The district offers a continuum of services and placements to meet the needs of students in special education. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 9 of 17 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 40 Instructional grouping requirements for students aged five and older Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Documentation Documents Interviews Student or district handbooks contain the required nondiscrimination policy and codes of conduct for students that include all regulated requirements. Documents Interviews In the beginning of the new school year, building-based administrative personnel review the policies and procedures and the personnel Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Instructional groupings for students receiving services outside of the general education classroom are within regulated size requirements. Civil Rights (MOA) and Other General Education Requirements MOA 10A Student handbooks and codes of conduct MOA 11A Designation of liaison/coordina tor(s); grievance procedures Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 10 of 17 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Partial Interviews and documentation indicate that there may not be high school staff that are trained and certified to implement restraint procedures. By May 26, 2006, submit a list of high school staff members who have participated in Physical Restraint Training to become certified to administer physical restraint. designated to respond to grievances under Section 504 and Title IX and Title 11. The district has developed a booklet of Core Documents for all employees that contain all regulated information pertaining to civil rights responsibilities. MOA 17A Use of Physical Restraint Partial Documentation Interviews The district has developed and implemented staff training at least annually on the use of restraints consistent with regulatory requirements. There are staff in all of the elementary and middle schools who are trained and certified to implement restraint procedures. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 11 of 17 Criterion Number and Topic Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements MOA 21 Staff training regarding civil rights responsibilities Documentation Interviews The district is providing inservice training for all school personnel at least annually regarding civil rights responsibilities, including discrimination and harassment on the basis of students’ race, color, sex, religion, national origin and sexual orientation and the appropriate methods for responding to it in the school setting. MOA 22 Accessibility of district programs and services for students with disabilities Documentation Interviews The district has at least one building at each academic level for educational and vocational programs that is entirely accessible to students with disabilities. (Refer to full text of 20052006 CPR requirements) Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance The newly renovated high school meets all accessibility Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 12 of 17 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Or New IDEA Requirements Implemented Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Have Been Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance requirements and the final phase of building completion will be the summer of 2006. The town of Framingham is in the process of a town-wide ADA Self Evaluation and transition Plan and the Public School has been the first department to be part of the evaluation of which the high school and three other schools have completed the evaluation. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 13 of 17 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Framingham Public Schools English Learning Education (ELE) Requirements Mid-Cycle Review Advisory Comments Resulting From The Department’s Review Of Local Self-Assessment Documents (Please refer to full text of 2005-2006 CPR-ELE legal requirements and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc ) ELE Criterion Number and Topic ELE 1 Annual Assessment Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review The district annually administers the required assessments. ELE 2 MCAS Participation Limited English proficient students participate in the annual administration of MCAS. ELE 3 Initial Identification The district has appropriate initial identification procedures. ELE 4 Waiver Procedures ELE 5 Program Placement and Structure The district has appropriate waiver forms and procedures in place. The district has the appropriate program structure and is placing limited English proficient students appropriately in the programs. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 14 of 17 ELE Criterion Number and Topic ELE 6 Program Exit and Readiness Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review The district has not developed clear protocols for all schools to follow when a student exits from an SEI program. Submit to the Department of Education the district’s English Learner Education Program exit criteria that includes evidence of proficiency, such as passing MCAS scores, passing grades, teacher reports, writing samples and passing English proficiency scores, by May 26, 2006. The district does not take into consideration quantitative and qualitative measures of student achievement and language proficiency and ensure that students can meet grade level content standards before exiting them from the district’s language support program. ELE 7 Parent Involvement ELE 8 Declining Entry to a Program ELE 9 Instructional Grouping ELE 10 Parental Notification The district has effective procedures to ensure the involvement of parents of limited English proficient students in their children’s education. The district has procedures to implement the requirements of this criterion. The district demonstrates that student groupings ensure that effective content instruction at appropriate academic levels is being implemented and that students are being placed in age appropriate classrooms. Parents are receiving required notification letters that contain all of the regulated elements. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 15 of 17 ELE Criterion Number and Topic Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission ELE 11 Equal Access to Academic Programs and Services Limited English proficient students have equal access to a full range of academic opportunities. ELE 12 Equal Access to Nonacademic and Extracurricular Programs Limited English proficient students participate in the full range of non-academic and extracurricular activities with their English-speaking peers. ELE 13 Follow-up Support ELE 14 Licensure and Fluency Requirements Although the district supports the English language needs of former limited English proficient students, it was not evident in the documentation that there are systematic procedures in place to actively monitor (for two years) and follow up with these students who have exited the program. Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review Submit to the Department of Education a description of the district’s follow-up policies and procedures that meet the regulated requirements, by May 26, 2006. The district provided its procedures for determining English fluency, principal statements and copies of educator licensures. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 16 of 17 ELE Criterion Number and Topic ELE 15 Professional Development Requirements ELE 16 Equitable Facilities (To be reviewed during next CPR visit) ELE 17 DOE Data Submission Requirements and Program Evaluation ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review The district has provided teachers and administrators with professional development opportunities. The district ensures that the ELE program receives equitable resources, materials and facilities. The district does not have a formal procedure to evaluate the effectiveness of its English Learner Education program. Submit to the department of Education, the district’s plan to evaluate the effectiveness of its English Learner Education program, by May 26, 2006. The district is maintaining student records. Framingham Coordinated Program Review Mid-cycle Report 1/19/06 Page 17 of 17