Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 April 11, 2011 Richard Lane, Superintendent Franklin County Regional Vocational Technical High School 82 Industrial Boulevard Turners Falls, Massachusetts 01376 Re: Mid-cycle Report Dear Superintendent Lane: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district on February 10, 2011. 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 April 25, 2011. 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 Paula Twomey at 781-338-3730. Sincerely, Paula Twomey, 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 Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Richard Kuklewicz, School Committee Chairperson Leslie Brown, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Franklin County Regional Vocational Technical High School Date of the Mid-cycle Review Onsite: February 10, 2011 Date of this Report: April 11, 2011 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parental rights at age of majority and student participation and consent at the age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation PI Documents Interviews Student Records Basis of Determination about Criterion Although the district informs the student, one year prior to the student reaching age 18, of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday, the district does not inform the parent/guardian of the transfer of rights. The district does not document that the student has been If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Train appropriate staff on the transfer of parental rights requirements, including, one year prior to the student reaching the age of majority, informing the parent/guardian of the rights that will transfer to the student upon the student’s 18th birthday and documenting that the student has been informed of the transfer of rights in the Additional Information section of the IEP. Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for staff training on the requirements for the transfer of parental rights, including informing the parent/guardian of the rights that Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 1 of 17 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion informed of the transfer of rights at least one year prior to the student reaching the age of majority in the Additional Information section of the IEP. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Develop an internal oversight and tracking system to ensure that the district informs the parent/guardian of the rights that will transfer to the student upon the student’s 18th birthday and that the student has been informed of the transfer of rights which is documented in the Additional Information section of the IEP. Develop a report of the results of an internal review of student records, where the age of majority procedures were applied subsequent to the district’s implementation of corrective action, for evidence of compliance with notifying the parent of the transfer of rights one year prior to the student reaching age 18 and documentation that the student was informed under the Additional Information section of the IEP. *Please note when conducting internal monitoring the district must maintain the following documentation and make it Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 2 of 17 (b) Progress Report Due Date(s) and Required Elements will transfer to the student upon the student’s 18th birthday and documenting in the Additional Information section of the IEP that the student has been informed of the transfer of rights one year prior to the student reaching the age of majority. Also submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date of the system’s implementation. Submit this information by September 30, 2011. 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 available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 3 of 17 (b) Progress Report Due Date(s) and Required Elements Submit a report of the results of an internal review of records subsequent to the district’s implementation of corrective actions for evidence of appropriate Age of Majority procedures. Include the following: Number of records reviewed; Number of records that included notification to the parent/guardian and documentation in the Additional Information section of the IEP; Results of the root cause Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements analysis of any records not in compliance; Specific corrective actions taken by the district to remedy any non-compliance. Submit the report by December 20, 2011. SE 52A Registration of educational interpreters Documents Interviews The district does not have any students enrolled at this time who require the services of an educational interpreter for the deaf and hard of hearing. The district has procedures in place that indicate that an employee acting in this capacity would be registered with the Massachusetts Commission for the Deaf and Hard of Hearing, as required. Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 4 of 17 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 3 Special requirements for determination of specific learning disability 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 PI Documents The district does not create a written determination as to whether or not a student has a specific learning disability, which is signed by all members of the IEP Team, or if there is a disagreement as to the determination, one or more Team members do not document their disagreement. The Teams do not consistently complete the specific learning disability-eligibility process/forms for Components 14. Train appropriate staff on the special requirements for determination of a specific learning disability, including completion of the specific learning disabilityeligibility process/forms and creating a written determination as to whether or not the student has a specific learning disability, which is signed by all members of the Team, or if there is a disagreement, one or more Team members document their disagreement. Interviews Student Records Develop an internal oversight and tracking system to ensure that IEP Teams appropriately complete the specific learning disabilityeligibility process/forms and create a written determination that is signed by all members of the Team. Develop a report of the results of an internal review of student records from all grades in which a student Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 5 of 17 (b) Progress Report Due Date(s) and Required Elements Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for staff training on the special requirements for determination of a specific learning disability. Also submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date of the system’s implementation. 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 suspected of having a specific learning disability was evaluated, subsequent to the district’s implementation of corrective actions, for evidence of compliance with the special requirements for determination of a specific learning disability. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 6 of 17 (b) Progress Report Due Date(s) and Required Elements Submit this information by September 30, 2011. Submit a report of the results of an internal review of records of students suspected of having a specific learning disability and who have been evaluated since the district’s implementation of corrective actions. Include the following: Number of records reviewed; Number of records that included the written determination signed by all Team Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements members, or if there was a disagreement, one or more Team members documented their disagreement; Completion of the eligibility process/ forms; Results of the root cause analysis of any records not in compliance; and Specific corrective actions taken by the district to remedy any noncompliance. Submit this report by December 20, Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 7 of 17 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Documents The district follows appropriate steps when determining whether a student is eligible for special education. When the student does not require any direct services, the Team makes a finding of no eligibility and appropriate services are provided through the district’s general education program. The district ensures that the IEP is no longer changed at a higher administrative level. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements 2011. SE 9A Elements of the eligibility determination; general education accommodations and services for ineligible students Student Records Documents SE 18A IEP development and content Interviews PI SE 18B Determination of placement; provision of IEP to parent Student Records Documents Interviews Student Records Upon conclusion of the IEP Team meeting, the district is not providing the parent with a summary of the decisions and agreements reached during the Team meeting. At a minimum, the summary should include the following: (a) a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and (b) a statement of the major goal Train Team chairpersons on developing the summary of the decisions and agreements reached at the Team meeting and providing this information to the parents upon the conclusion of the Team meeting. Develop an internal oversight and tracking system to ensure that the Team develops a summary of the decisions and agreements reached at the Team meeting and provides this Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 8 of 17 Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for training Team chairpersons on providing a summary of the decisions and agreements reached a the Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion areas associated with these services. The district issues the IEP within two calendar weeks. Please note that if the district does not provide the parents with a summary of the decisions and agreements reached, the district must issue the completed IEP within 3-5 days of the Team meeting. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation information to the parent upon conclusion of the meeting. Develop a report of the results of an internal review of student records from all grades in which a Team meeting was held, since the district’s implementation of corrective actions, for evidence of compliance with providing the parent with a summary of the decisions and agreements reached at the Team meeting. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 9 of 17 (b) Progress Report Due Date(s) and Required Elements Team meeting. Also 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. Submit this information by September 30, 2011. Submit a report of the results of an internal review of records in which a Team meeting was held since implementation of the district’s corrective actions. Include the following: Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 10 of 17 Number of records reviewed; Number of records in which the district provided the parent with a summary of the decisions and agreements reached at the Team meeting; Results of the root cause analysis of any records not in compliance; and Specific corrective actions taken by the district to remedy any noncompliance. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Submit the report by December 20, 2011. Documents SE 20 Least restrictive program selected Interviews Student Records SE 22 IEP implementation and availability Interviews Student Records PI SE 25 Parental consent Interviews Student Records The program selected is the least restrictive environment for students, with consideration given to any potential harmful effects on the student or on the quality of services the student needs. The IEP Teams complete the Nonparticipation Justification Statements in IEPs and the district has provided descriptions of efforts to establish less restrictive special education programs and practices. Special education services are being delivered by special education teachers, as indicated on the IEP service delivery grid. The district does not always obtain consent to the services proposed on a student’s IEP before providing such services and, when the parent fails to provide consent, the district does not document multiple attempts to secure the consent of the parent. Additionally, subsequent Develop procedures for obtaining parental consent to the services on the proposed IEP before providing such services, including documenting multiple attempts to secure consent and seeking resolution through the BSEA if the district determines that the parent’s failure to consent will result in a Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 11 of 17 Provide an agenda, signed attendance sheets (indicating role of staff) and training materials, including the newly-developed procedures, for Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion to the initial evaluation and placement, the district does not seek resolution through the Bureau of Special Education Appeals (BSEA) if, after consideration, the district determines that the parent’s failure to provide consent will result in a denial of a free appropriate public education (FAPE). If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation denial of FAPE. Train appropriate staff on these procedures. Develop an internal oversight and tracking system to ensure that parental consent is obtained prior to providing the services on the proposed IEP, as well as documenting multiple attempts to obtain consent from the parent and seeking resolution through the BSEA, when appropriate. Develop a report of the results of an internal review of student records in which an IEP was developed and services commenced, subsequent to the district’s implementation of corrective actions, for evidence of compliance with obtaining parental consent prior to commencing services on the proposed IEP. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 12 of 17 (b) Progress Report Due Date(s) and Required Elements staff training on the requirements for parental consent. Also 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. Submit this information by September 30, 2011. Submit a report of the results of an internal review of records for students in which an IEP was developed and services commenced after 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 reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 13 of 17 (b) Progress Report Due Date(s) and Required Elements the district implemented the corrective action. Include the following: Number of records reviewed; Number of records that included parental consent or, when required, multiple attempts and notification to the BSEA; Results of the root cause analysis of any records not in compliance; and Specific corrective actions taken by the district Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements to remedy any noncompliance. Submit the report by December 20, 2011. Documents SE 41 Age span requirements Interviews PI The ages of the youngest and oldest students in the district’s Pre-Employment Program (PEP) differ by more than 48 months, and the school has sought and received a waiver from the Department for approval of a wider age range. See SE 46. SE 45 Procedures for suspension up to 10 days and after 10 days: General requirements SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive Documents PI Interviews The district’s procedures for the suspension of special education students, longer than ten consecutive days or if a pattern has developed for suspensions exceeding ten cumulative days, do not include procedures for conducting manifestation Update the procedures for the suspension of students with disabilities when the suspensions exceed ten consecutive school days or a pattern has developed for suspensions exceeding ten cumulative days to include the procedures for conducting Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 14 of 17 Provide an agenda, signed attendance sheets (indicating role of staff) and training materials, including the updated Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district PI SE 47 Documents Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation determinations. Specifically, the procedures do not include determining whether the behavior was caused by or had a direct and substantial relationship to the disability or was the direct result of the district’s failure to implement the IEP. manifestation determinations. Train appropriate staff on the updated procedures. The student handbook does not include the specific procedural Update the Code of Conduct to include the appropriate procedures for conducting manifestation determinations. Develop procedural requirements applied to students not yet Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 15 of 17 (b) Progress Report Due Date(s) and Required Elements procedures for conducting manifestation determinations, for staff training on the requirements for the suspension of students with disabilities when suspensions exceed ten consecutive days or a pattern has developed for suspensions exceeding ten cumulative days. Submit this information by September 30, 2011. Submit the revised Code of Conduct by September 30, 2011. Provide an agenda, signed Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Procedural requirements applied to students not yet determined to be eligible for special education Basis of Determination about Criterion requirements applied to students not yet determined to be eligible for special education. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation determined eligible for special education and train appropriate staff on these procedural requirements. Update the Code of Conduct to include the procedural requirements applied to students not yet determined eligible for special education. (b) Progress Report Due Date(s) and Required Elements attendance sheets (indicating role of staff) and training materials for staff training on the procedural requirements applied to students not yet determined eligible for special education Submit this information by September 30, 2011. Submit the updated Code of Conduct by September 30, 2011. Documents SE 48 Equal opportunity to participate in educational, nonacademic, extracurricular Interviews Students enrolled in the district’s Pre-Employment Program (PEP) have equal opportunities to participate in educational, nonacademic, extracurricular, and ancillary programs. Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 16 of 17 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Documents The district has conducted professional development on the following topics: local special education policies and procedures; analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the regular classroom of students with diverse learning styles; and methods of collaboration among teachers, paraprofessionals and teacher assistants to accommodate diverse learning styles of all students in the regular classroom. The district regularly evaluates its special education programs and services. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation and ancillary programs, as well as participation in regular education SE 54 Professional development Interviews Documents SE 56 Special education programs and services are evaluated Interviews Franklin County Regional Vocational Technical High School Coordinated Program Review Mid-cycle Report April 11, 2011 Page 17 of 17 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Franklin County Regional Vocational Technical High School 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