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 June 5, 2012 Linda Enos, Superintendent Greater New Bedford Regional Vocational Technical School 1121 Ashley Boulevard New Bedford, MA 02745 Re: Mid-cycle Report Dear Superintendent Enos: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in April 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 June 21, 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 Coretta McCarter at 781338-3733. Sincerely, Coretta McCarter, 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 Dean Paolillo, Supervisor, Program Quality Assurance Services Joaquim Nobrega, School Committee Chairperson Erin Ptaszenski, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Greater New Bedford Regional Vocational Technical School Dates of the Mid-cycle Review Onsite: April 5, 2012 Date of this Report: June 5, 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 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI SE 7 Transfer of parental rights and student participation and consent at age of majority Method(s) of Investigation Student Record Review Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district is not consistently informing the student and parent one year prior to a student reaching the age of majority of the rights that will transfer from the parent to the student upon the student’s 18th birthday. Please review the administrative advisory 2011-1 that can be found at: http://www.doe.mass.edu/sped/advisories/11_1.ht ml. Please conduct a root cause analysis of the noncompliance regarding the notification to parents and students one year prior to the student’s 18th birthday and the procedures for obtaining consent from students who have reached the age of majority. Please review the records of all students who turned 17 between September 2011 Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 1 of 21 (b) Progress Report Due Date(s) and Required Elements Please submit a narrative description of the results of the analysis. Please be sure to include any corrective actions taken and the associated timelines. This progress report is due October 9, Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Upon reaching the age of 18, the district is not obtaining consent from the student to continue the student’s special education program. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation and May 2012, to determine why the district is not, one year prior to the student’s 18th birthday, routinely informing students and their parents of the rights that will transfer to the student upon reaching the age of majority. Please indicate the district’s actions to address the identified causes of noncompliance. Please conduct a review of student records. Select a sample of student records to review for appropriate Age of Majority procedures for students who turned 17 subsequent to the district’s implementation of all corrective actions. Please review all of the applicable student records to ensure the notification was sent. Submit the report of the results of an internal review of student records for those students who have reached the age of majority since the implementation of all of the district’s corrective actions, for evidence of compliance with the transfer of rights requirements. *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, Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 2 of 21 (b) Progress Report Due Date(s) and Required Elements 2012. Submit a report of the results of an internal review of records and include the following: Number of records reviewed; Number of records incompliance; Results of the root cause analysis of any records not in compliance; and Specific actions taken by the district to remedy any noncompliance. Submit this report by January 14, 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 with their role(s) and signature(s). Student Record Review Staff Interviews SE 8 IEP Team composition and attendance Members of the IEP Team attend IEP Team meetings unless the district and parent agree, in writing, that the attendance of the IEP Team member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or the district and parent agree, in writing, to excuse a required Team member’s participation. The excused IEP Team member provides written input into the development of the IEP to the parent and IEP Team prior to the IEP meeting. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 3 of 21 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review Staff Interviews SE 18A IEP development and content Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation IEP Teams consider and address the skills and proficiencies needed 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. Information regarding bullying, teasing, or harassment is documented in the IEP under additional information. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 4 of 21 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Record Review Staff Interviews SE 25 Parental consent Basis of Determination about Criterion The district does not consistently conduct all consented-to assessments; specifically the educational assessments part A and B. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation See SE 2 regarding consented-to educational assessments A and B. The district ensures that parents are members of the IEP Team and participate in making decisions regarding IEP services. Parental consent is obtained before making changes the services or removing the student’s services. When the participation or consent of the parent is required and the parent fails or refuses to participate, the attempts to secure the Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 5 of 21 (b) Progress Report Due Date(s) and Required Elements Please see SE 2. 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 consent of the parent are implemented through multiple attempts using a variety of methods which are documented by the district in the teacher’s logbook and student’s record. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 6 of 21 (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 2 Required and optional assessments 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 Student Record Review The district does not always conduct all consented-to assessments, specifically, the educational assessments part A and B. In some instances, the district did not gather assessment data from teachers with current knowledge regarding the student's specific abilities in relation to the learning standards of the Massachusetts Curriculum Frameworks and the district curriculum. Additionally, the district does not always conduct an assessment of the student's attention skills, participation, behaviors, communication skills, Please complete the missing education assessments for individual students identified by the Department in the Student Record Issues Worksheet and reconvene the IEP Team for each student. Staff Interviews Review the student records in which parental consent was obtained for educational assessments A and B this past school year and analyze this data to establish the root cause(s) for the non-compliance. Based on this root cause analysis, indicate the specific corrective actions taken to remedy the non-compliance. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 7 of 21 (b) Progress Report Due Date(s) and Required Elements Provide copies of the Notice of the School District Proposal to Act, the completed educational assessments and a Meeting Invitation as evidence that IEP Teams reconvened to consider the missing evaluation elements and whether a new or amended IEP was necessary. Describe the results of the district’s root cause analysis. 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 memory, and social relations with groups, peers, and adults. Please conduct a review of student records from a sample of initial and reevaluations conducted by the district since the implementation of all corrective actions. The sample should represent all grade levels to ensure that all components of the required education assessment were completed. In other instances, the district does not always include a historical account of the student’s progress in the general education curriculum. *Please note that 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 level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s) Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 8 of 21 (b) Progress Report Due Date(s) and Required Elements Also, provide the specific corrective actions taken to remedy the noncompliance and any associated timelines. This progress report is due by October 9, 2012. Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the non-compliance. Please submit these results by January 14, 2013. Criterion SE 20 Least Restrictive Program 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 Student Record Review When determining the least restrictive environment for students, consideration is given to any potential harmful effect on the student or on the quality of services that he or she needs. Specifically, the “specially designed instruction” sections in the Present Levels of Education Performance (PLEP) PLEP A and B of IEPs are complete. Please train Department heads and guidance personnel on the purpose and meaning of “inclusion” and the appropriate use of the co-teaching model. Training should include, but not be limited to, personnel who make the general education class assignments. Document Review Interview Non-participation justification statements in IEPs are individualized and consistently address why the removal of the student is considered critical to the student’s program. The program selected is not always the least restrictive environment for special education students, as not Conduct an administrative review of the class rosters for the district’s general education co-taught inclusion classes for the 2012-2013 school year. Please ensure that the rosters for all classes that are presented as general education cotaught inclusion classes include general education and special education students. Develop an internal oversight and tracking system for ensuring that general education co-taught inclusion classes are not substantially separate special education classes and are indicated appropriately on the IEP service Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 9 of 21 (b) Progress Report Due Date(s) and Required Elements Provide evidence of staff training, including an agenda and signed attendance sheets (indicating role of staff). Submit a description of the oversight and tracking system and identify the person(s) responsible for the oversight. Submit copies of class rosters for all general education co-taught inclusion classes. Please submit this information by October 9, 2012. Submit a report of Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion all students with placements indicating full inclusion or partial inclusion placements have opportunities to participate in their designated general education classes. For example, in one U.S. History II class, it is noted as a general education class in an inclusive setting on IEP service delivery girds; which is co-taught by a general educator and special education teacher but the classroom roster indicated that all of the students in the class are special education students. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation delivery grid. The oversight and tracking system should include periodic reviews of student’s schedules, IEPs and class rosters by the director of special education to ensure compliance. Subsequent to implementation of the district’s corrective actions, develop a report of the results of an internal review of student records for the 2012-2013 SY, for students whose IEP service delivery grids indicate participation in general education classes in inclusive settings. The initial review should be conducted within the middle of the first semester and should include a review of the student’s schedules along with their IEPs. *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) Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 10 of 21 (b) Progress Report Due Date(s) and Required Elements the results of an internal review of records and include the following: Number of records reviewed; Number of records in compliance; 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 January 14, 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 who conducted the review, with their role(s) and signature(s). SE 22 IEP implementation and availability Student Record Review Staff Interviews IEP services in inclusion and study skills classes are implemented by licensed special education teachers. A list of the needed accommodations for students are given to teachers of exploratory shop classes along with a sign-off sheet confirming that these teachers are informed of their specific responsibilities related to the implementation of students’ IEPs. The district’s procedures were revised informing all special education staff that IEP services cannot be changed without parent consent and the development of a new IEP or an amendment to modify the current IEP. Students receive agreed Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 11 of 21 (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 (b) Progress Report Due Date(s) and Required Elements upon special education services during the shop weeks as well as during the academic weeks. SE 24 Notice to Parent PI Student Record Review Staff Interviews The district provides parents with an opportunity to consult with the administrator of special education or his/her designee regarding placement with the required written notice. When a parent requests an evaluation, the district responds within five school working days with a Notice of Proposed School District Action (N1) letter followed by a telephone call which is documented to inform the parent that the district received the request and started the process. The district does not always issue the notice of school district action when required. Written notices were issued in cases where Please train the staff responsible for developing the district’s parental notifications on the content requirements of the notice. Develop an internal oversight and tracking system to ensure that page 2 of the N1 form is appropriately completed. The tracking system should include supervisory oversight prior to sending the N1 form to the parent and periodic reviews by the Special Education Director. Develop a report of the results of an internal review of student records in which an N1 form was written since the implementation of all of the district’s corrective actions for evidence of compliance with responding to all of the questions on page 2 of the N1 form. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 12 of 21 Please provide evidence (the agenda, attendance sheet with the name and role of staff and samples of materials) to the Department. Submit a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by October 9, 2012. Submit a report of the results of an internal review of records and include 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 students were found not eligible for special education. However, this was not the case when a service was removed from a student’s IEP. In addition, The Notice of Proposed School District Action (N1) does not meet all of the federal content requirements, as not all questions on page 2 of the N1 form are always addressed. Specifically, written *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). notices do not consistently answer questions: what rejected options were considered and why was each option rejected; what evaluation procedure, test, record or report was used as a basis for the proposed action; what other factors were relevant to the Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 13 of 21 (b) Progress Report Due Date(s) and Required Elements the following: Number of records reviewed; Number of records in compliance; Results of the root cause analysis of any records not in compliance; Specific corrective actions taken by the district to remedy any noncompliance. Submit this report by January 14, 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 school district’s decision; what next steps, if any, are recommended The special education teacher or director attends all transition meetings for incoming freshmen. The district has composed a letter and sends it out to the three sending districts stating how important it is for a representative to meet the student and families before the student arrives. At that transition meeting, services are discussed and students who require a substantially separate academic program are appropriately placed in the school. The IEP and placement is discussed and documented at the transition meeting and reflected in the service delivery grid for the upcoming freshman year. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 14 of 21 (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 Student Record Review The district provides documents to parents in both English and the primary language of the home if the primary language is other than English. In addition, any information provided in oral translation is documented in writing and placed in student’s records as required. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation SE 29 Communications are in English and primary language of home Staff Interview SE 32 Parent advisory council for special education Document Review Interview The duties of the parent advisory council for special education (SEPAC) include advising the district on matters that pertain to the education and safety of students with disabilities and participating in the planning, development and evaluation of the district’s special education programs. The parent advisory council has established by-laws regarding officers and Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 15 of 21 (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 operational procedures. The district has conducted, in cooperation with the parent advisory council, at least one workshop annually within the district on the rights of students and their parents and guardians under the state and federal special education laws. SE 33 Involvement in the general curriculum Student Record Review IEP Teams consider and document students’ participation in the general curriculum on the PLEP A and PLEP B sections. In addition, these sections of IEPs contain curriculum modifications or specially designed instruction. Student Record Review Interviews and student record review indicated that a member from the district attends all incoming freshmen transition meetings at the sending school and discusses each student’s current services SE 34 Continuum of alternative services and placements Staff Interview Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 16 of 21 (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 and proposed services for the freshmen year. A new service delivery grid is written at this time, reflecting the minutes for the current services and new minutes for the proposed services. The district offers a continuum of services to meet the needs of students with disabilities. SE 45 Procedures for suspension up to 10 days SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days Document Review See SE 46 below. Interview Student Record Review Document Review Interview Observation The district continues to make use of its education center as an in-school suspension setting. Removals to this setting are counted as removals from the special education program for purposes of determining whether disciplinary removals cumulate to ten days. The assistant principals report Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 17 of 21 (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 all students with disabilities who are assigned to the education center for disciplinary reasons to the special education office. When the student has been removed close to the 10th day, a manifestation determination meeting is held. Special education liaisons routinely check in with students in the suspension room and provide written documentation to the special education office. SE 48 FAPE Staff Interviews Teachers of Exploratory vocational shops attend IEP Team meetings and receive student accommodation pages on the first day of school. In addition, all teachers sign a confirmation that they have received information regarding the necessary accommodations and modifications for each student with an IEP. Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 18 of 21 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 53 Use of paraprofessionals Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Staff Interviews Paraprofessionals work with students in inclusion classes but are always paired with a licensed teacher who is in close proximity and readily available for supervision and communication. Paraprofessionals do not provide direct services to students in pull-out classes. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Greater New Bedford Regional Vocational Technical School Coordinated Program Review Mid-cycle Report June 5, 2012 Page 19 of 21 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW Greater New Bedford Regional Vocational Technical 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