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 February 7, 2005 Jeffery E Riley Superintendent Greater New Bedford Regional Vocational School 1121 Ashley Blvd New Bedford, MA 02745 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Riley: 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 September 25, 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. 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 25, 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 781-338-3765. Sincerely, Teomara Rutherford, 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 Randall Durigan, School Committee Chairperson Priscilla Wade, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Greater New Bedford Vocational Technical High School ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on October 31, 2002 Progress Reports Submitted on none submitted Onsite Visit Conducted on January 5, 2005 Date of this Report February 7, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special requirements for 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 Student Records Documen- The school has a written procedure for making a determination of specific learning disability that 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) determination of specific learning disabilities 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 tation Interviews incorporates all the required elements and records indicate individual teams follow the procedure as written. 2 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) SE 6 Determination of transition services 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 Student Records Partially Implemented Documentation Student Records SE 13 Progress Reports and content In Progress Documentation Interviews 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 IEPs do not always reflect a student’s post-school needs, and IEP3 is not completed to the extent necessary to provide information on progress and accommodations for transition and other educational needs. In Progress The school’s selfevaluation and record review indicated that the quality of information on progress reports is inconsistent and not all progress reports answer both questions, as required. Train staff on the requirement to determine Other Educational Needs and the content that must be included on IEP3. Submit to the Department by June 1, 2005, five examples of appropriately completed IEP3 pages and an agenda and attendance sheet from the relevant training. Submit to the Department by June 1, 2005, five randomly selected progress reports and a written one-page description of the school’s gains towards meeting this criterion. Interviews SE 15 Outreach by the School District Comments Regarding Corrective Action Plan Implementation Documentation Student records indicate students over 14 attend IEP team meetings and their interests are reflected in the vision statement of the IEP and the kind of vocational program selected for their course of study. The school has recently completed a self-evaluation and identified this area as one of concern. Records and interviews indicate progress reports are consistently sent out as often as parents are informed of the progress of non-disabled peers and most require all necessary information. The school conducts annual outreach activities including Open House and visits to the 3 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) (Child Find) 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 Interviews local sending schools. 4 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 Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Partially Implemented Interviews Student Records Partially Implemented 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 Student Records SE 18A IEP development and content SE 18B Determination of placement; immediate provision of IEP to parent Method(s) of Verification Documentation Interviews IEPs are developed at the Team meeting with input from all members of the Team, including the parents and student. Instruction and services are designed according to the needs of the child and not the resources of the school, and the school adjusts its offerings according to the needs of individual students and entering student groups. All Teams contain a person with the authority to commit resources. Teams at the school appropriately determine placement and provide placement information to parents within the required timelines. Parents are provided with two copies of the proposed IEP by mail within 2-5 days 5 See SE 6. See SE 6. Parents are not provided with a written summary of the decisions and agreements reached during the Team meeting at the conclusion of the meeting, as is required by 603 CMR 28.05(7). Craft a written policy on the provision of IEPs to parents that comports with the requirements of 28.05(7) and include this policy in the school special education policy manual. By June 1, 2005, submit to the Partially Implemented 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 after the Team meeting. Department a copy of this policy and an example of the information provided to parents at the conclusion of the Team meeting. 6 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 20 Least restrictive program selected 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 Student Records Documentation Interviews Student Records SE 22 IEP implementation and availability Documentation Interviews Students are served in the least restrictive environment appropriate for their needs, with most being served in inclusion classes. When students are removed from the general education setting, justification is provided as to the necessity of this removal. IEPs are implemented without delay and services are not withheld due to a lack of classroom space or personnel. There is excellent communication between the special education department and all teachers, and teachers are informed of their responsibilities under IEPs. The school takes steps to insure all IEPs are in place by the beginning of the school year and is successful in this endeavor. 7 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) SE 26 Parent participation in meetings 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 Student Records Documentation Interviews SE 28 Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents' rights SE 29 Communications are in English and primary Comments Regarding Corrective Action Plan Implementation Student Records Documentation Interviews Student Records Documentation The school has procedures in place to insure that parents are given every opportunity to attend and participate in Team meetings. When parents are unable to attend, the school makes alternate arrangements for gathering parent input. The school provides parents with copies of the IEP within 25 days of the Team meeting. Documentation & notice documents in student records provided evidence that parents’ rights brochures are provided with IEPs or notices of no eligibility. The school does an excellent job of insuring parent understanding by providing translations of documents and providing interpreters when necessary. 8 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) language of home 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 Interviews 9 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 The school has an active PAC with established by-laws. Interviews Partially Implemented SE 50 Responsibilities of the School Principal and Administrator of Special Education Partially Implemented Documentation Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The by-laws were created in 2002 and contain references to the members and procedures of that year, making it unclear if these by-laws are applicable to the current PAC. The Special Education Director provides information to parents on parent and student rights annually, but does not do so in cooperation with the PAC. By June 1, 2005, submit to the Department new, current PAC by-laws, evidence of a workshop on parent and student rights conducted before this time by the school in cooperation with the PAC, and plans for the organization of this annual meeting for the 2005/2006 school year and thereafter. Documentation SE 32 Parent advisory council for special education Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Interviews The Principal and the Administrator of Special Education frequently communicate and both work to coordinate the delivery and supervision of special education services within the school. The school has a District 10 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 Accommodation Plan, teachers and staff are aware of the plan and have received training and support on meeting the needs of diverse learners. 11 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) SE 54 Professional development regarding special education 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 Interviews Documentation SE 56 Special education programs and services are evaluated Interviews Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting It is unclear whether all of the required trainings have been offered on an annual basis. Additionally, the PAC has not been involved in the annual training on the rights of students and their parents. By June 1, 2005, submit to the Department an assurance that these trainings will be offered to staff annually and a schedule for when they will be offered during the 2005/2006 school year. For the PAC training corrective action, see SE 32. Documentation Partially Implemented Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance The school has provided training on analyzing and accommodating diverse learning needs and on special education laws, regulations and local policies and practices. The school submitted its most recent Special Education program evaluation for review. The evaluation relied upon data gathered by a consultant to determine the school’s performance in three target areas and made recommendations regarding the findings. Interviews indicate that some of the recommendations have already been implemented and the school is working towards 12 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 correcting any problem areas. Other Requirements 13 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 Interviews Partially Implemented Student Records SE 24 Notice requirements and forms Partially Implemented Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting School practice is to have the student’s SPED liaison attend Team meetings. This individual is not always a special education teacher of the student. As a result, a special education teacher of the student is not always present at the Team meetings. The school notice forms did not contain the guiding questions and did not contain all the information required by 34 CFR 300.503. Additionally, consent to evaluate forms (N1As) were not accompanied by the required notice forms (N1s). Craft a written policy on Team meeting attendance and include this policy in the school special education policy manual. By June 1, 2005, submit this policy to the Department along with five randomly selected Team meeting attendance sheets. Student Records SE 8 Evaluation Team Composition Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Documentation The school consistently has the student, parents, regular education teachers and a representative with the authority to commit school resources at Team meetings. The school consistently sends out the required notice within a reasonable time for all actions and takes appropriate action in response to requests for evaluations. Interviews 14 Additional Issue Identified Partially Implemented Train staff on the notice requirements under 603 CMR 28.04 and 34 CFR 300.503. By June 1, 2005, submit to the Department the agenda and attendance sheet from this training and five randomly selected N1s or N2s sent to parents after the completion of this training. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 51 Appropriate special education teacher certification/ licensure SE 55 SPED Facilities & classrooms 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 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Not all teachers who teach core subjects have demonstrated subject matter competency in the subjects they currently teach. Craft professional development or other plans for the relevant teachers to demonstrate subject matter competency. By June 1, 2005, submit these plans to the Department. The first floor of the J wing contains only guidance offices and special education classrooms and service spaces, which does not fully minimize the separation or stigmatization of the eligible students who utilize these spaces. Craft a plan to integrate general education instructional spaces into this section of the wing. By June 1, 2005, submit this plan to the Department along with timelines for its implementation. Interviews Teachers possess appropriate special education certification. Additional Issue Identified Partially Implemented Interviews Building Tour Partially Implemented Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Recent renovations have produced new classrooms utilized for special education instructional spaces. These classrooms are physically equal to classrooms provided for general education students. Most special education students are interspersed throughout the school building in order to maximize their inclusion into the life of the school. Accessibility is provided to fully implement each child’s IEP. 15 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) MOA 6 Availability of in-school programs for pregnant students 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 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The school requires a pregnant student to submit a medical certificate before her return to school, regardless of the length of time she is out. Pregnant students are only permitted to attend “appropriate” school functions. Students who participate in the SPED study skills class during their freshman and sophomore years are unable to take physical education as is required by MGL ch.71 s.3. Craft a new “Pregnant and Parenting Program” policy for the student handbook consistent with the requirements of Title IX. By June 1, 2005, submit this policy, as it will appear in the handbook, to the Department. Documentation Interviews The school has a policy allowing pregnant students to remain in classes and programs throughout their pregnancy. Additional Issue Identified Partially Implemented Student Records MOA 7B Structured Learning Time Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Interviews There was no evidence that the school did not comply with the minimum hours structured learning time requirements. Additional Issue Identified Partially Implemented 16 Craft and implement a plan to provide these students with both the services provided on their IEP and physical education. By June 1, 2005, submit this plan to the Department along with evidence that all students in grades nine through twelve are enrolled in a physical education program. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) MOA 11A (old MOA 10) Designation of liaison/ coordinators; grievance procedures MOA 17A Use of physical restraint 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 Interviews Documentation Interviews The school has designated staff persons to serve as liaisons for homeless students, Title IX, Section 504 and Title II. Grievance procedures are published in both the student and staff handbooks. The school has developed written procedures for physical restraint and implements these procedures appropriately. Partially Implemented MOA 22 Accessibility of district programs & services MOA 23 Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting It is unclear whether these written procedures have been disseminated to staff and whether all staff members have had annual training on restraint within the first month of the school year or within a month of their employment. By June 1, 2005, submit to the Department a training plan for annual restraint training of all staff within the first month of school or within a month of their employment. Documentation Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Interviews Building Tour After recent renovations, all areas of the school building are accessible to students with disabilities. Interviews Classrooms and other facilities 17 Additional Issue Identified Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Comparability of facilities 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 Building Tours for special education and ELL students are comparable to those offered other students in the school. 18 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