Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 September 11, 2012 Stacy Scott, Superintendent Framingham Public Schools 31 Flagg Street Framingham, MA 01702 Re: Mid-cycle Report Dear Superintendent Scott: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in May 2012. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by September 27, 2012. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Joan Brinckerhoff at 781338-3715. Sincerely, Joan Brinckerhoff, Ph.D., Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Elizabeth Ahern, Supervisor, Program Quality Assurance Services David F. Miles, Framingham School Committee Chairperson Betsy McKeon, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Framingham Public Schools Dates of the Mid-cycle Review Onsite: May 2 -3, 2012 Date of this Report: September 11, 2012 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and interviews with staff members demonstrated that the district provides notice and options for the transfer of parental rights to the student and the parent at the Team meeting one year prior to the student reaching 18 years of age. When a student reaches 18 years of age the district Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 1 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation implements procedures to obtain consent from the student, student and parent or delegated adult in accordance with the student's selection regarding decision-making. SE 8 IEP Team composition and attendance SE 18A IEP development and content Staff Interviews Student Records Student Records Staff Interviews Interviews with staff members and a review of student records indicated that the district maintains procedures consistent with the requirements for Team attendance at each IEP meeting. Team chairs have received training and are implementing the excusal process that includes parental agreement and a written report from the absent required Team member. Student record review and interviews with staff members demonstrated that the IEP Team considers and addresses the skills and proficiencies needed Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 2 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation to avoid and respond to bullying, harassment, or teasing for students identified with a disability that affects social skills development or when the student's disability makes him or her vulnerable to bullying, harassment or teasing, as well as for students identified with a disability on the autism spectrum. SE 25 Parental consent Student Records A review of student records showed that the district, upon receipt of a parent’s request to discontinue services, provides the procedural safeguards and written notice of the district’s proposal to discontinue services to the parent and immediately discontinues all special education services consistent with federal regulation. Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 3 of 11 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 6 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Transition Method(s) of Investigation Basis of Determination about Criterion Staff Interviews Interviews with staff members and a review of student records demonstrated that for students 14 years and older, the Team discusses transition needs and annually reviews and updates the student’s transition planning form. Student Records SE 9 Timeline for the Determination of Eligibility PI Student Records Staff Interviews A review of student records demonstrated that in instances when a student is referred for an initial evaluation, within forty-five school working days after receipt of the parent's written consent the If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district must revise their practice and procedures related to meeting the timelines for eligibility determination. The revised procedures must ensure that once consent is received that within forty-five school working days after receipt of the parent's written consent the district determines whether the student is eligible for Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 4 of 11 (b) Progress Report Due Date(s) and Required Elements The district will submit a copy of the revised procedures and evidence of staff training, which will include a training agenda, attendance sheet (including name Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation district determines whether the student is eligible for special education and provides to the parent either a proposed IEP and proposed placement or a written explanation of the finding of no eligibility. special education and provides to the parent either a proposed IEP and proposed placement or a written explanation of the finding of no eligibility. Once developed, the district must train IEP Team chairpersons on these revised procedures. In the case of student re-evaluations, interviews with staff members and a review of student records showed that the district’s practice is to send out consent forms at the beginning of the school year for any student who will be scheduled for a reevaluation during the course of that particular school year. This practice results in Further, the district must develop an internal oversight and tracking system to ensure that timelines are met for re-evaluations. The tracking system should include supervisory oversight and periodic reviews to ensure ongoing compliance. Conduct an internal review of student records from all levels (pre-k, elementary, middle, secondary and out of district) for reevaluations held after the implementation of the corrective action to ensure that the district is consistently conducting reevaluations within required timelines. Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 5 of 11 (b) Progress Report Due Date(s) and Required Elements and role) and copies of the materials presented. Also please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date for the system’s implementation to the Department by November 16, 2012. Submit the results of an administrative review of student records. Indicate the number of records reviewed, the number found Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion many instances where a parent’s written consent is received by the district, but they are not conducting the evaluations, convening the Team and proposing the IEP with-in forty-five school working days of the receipt of consent because the student’s re-evaluation may be scheduled at a time that is not related to receipt of the parent/guardian’s consent. SE 18B Placement Provision of IEP PI Student Records Staff Interviews A review of student records and interviews with staff members demonstrated that at the conclusion of Team Meetings, the district provides a summary of the decisions and If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please note when conducting internal monitoring that the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). The district must conduct a root cause analysis to determine why, when and where IEPs are not consistently provided to parents/guardians immediately. Based on the results of the root cause analysis, implement corrective actions to address the Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 6 of 11 (b) Progress Report Due Date(s) and Required Elements to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions to be taken by the district to address any identified noncompliance. Please submit this to the Department by May 15, 2013. Submit the results of the root cause analysis and the corrective actions the district will implement by November 16, 2012. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation agreements reached during the Team meeting; however the complete IEP is not consistently issued to the parent within two calendar weeks of the Team meeting date. issues in providing IEPs immediately to parents that are consistent with the Memorandum on the Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement at http://www.doe.mass.edu/news/ne ws.aspx?id=3182 . Further, the district must develop an internal oversight and tracking system to ensure that proposed IEPs are issued within two calendar weeks of the IEP Team meeting. The tracking system should include supervisory oversight and periodic reviews to ensure ongoing compliance. Conduct an internal review of student records in which an IEP Team meeting was held after the implementation of the corrective action to ensure that the district is consistently providing IEPs to parents/guardians immediately.. Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 7 of 11 (b) Progress Report Due Date(s) and Required Elements Also please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date for the system’s implementation to the Department by November 16, 2012. Submit the results of an administrative review of student records. Indicate the number of records reviewed, the number found to be compliant, an explanation of Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please note when conducting internal monitoring that the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 34 Continuum Placement And Services Student Records Staff Interviews Student records and staff interviews indicated that students who attend the Thayer Campus Alternative School receive all services and supports as indicated on their IEP. The district has assigned a full time special education Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 8 of 11 (b) Progress Report Due Date(s) and Required Elements the root cause for any continued noncompliance and a description of additional corrective actions to be taken by the district to address any identified noncompliance. Please submit this to the Department by May 15, 2013. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation teacher to the program and for those students who require speech and language services, the district has also assigned a licensed speech and language pathologist. SE 37 Out of District Placements A review of student records, interviews with staff members and a review of documentation showed that the district has procedures in place to document monitoring activities for students in out-of-district placements and those are consistently found in the student records. Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 9 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion SE 41 Age Span Requirements Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of district documentation and interviews with staff members demonstrated that the ages of the youngest and oldest student in all instructional groups district wide and specifically within the high school do not exceeded the 48 month threshold. Further it was noted that the district has trained staff members on age span waiver requirements and implemented a data collection process to ensure all instructional groupings meet the age span requirements. Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 10 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion SE 55 Special Education Facilities & Classrooms Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Observation On site observations and interviews with staff members demonstrated that at the high school the instructional space now designated for the substantially separate language based classroom is equal in all physical respects to the average standards of general education classrooms and is given the same priority as general education programs in the facility. Staff Interview If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Framingham Public School Coordinated Program Review Mid-cycle Report August 30, 2012 Page 11 of 11 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Framingham Public Schools M I D – CY C L E P R O G R E S S R E P O R T Date Prepared: ____________________________________ Prepared by: __________________________________________________________________ (name and title) Criterion: _______________________ Topic: ________________________________________________________________________ For each criterion for which you prepare a progress report, please make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation. (Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.) Send the whole set of completed progress reports to: Darlene Lynch, Director Program Quality Assurance Services Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906