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 July 6, 2010 Raleigh Buchanan, Superintendent Hamilton-Wenham Regional School District 5 School Street, Wenham, MA 01984 Re: Mid-cycle Report Dear Superintendant Buchanan: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the Mid-cycle Review conducted in your district in May 2010. In this 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: staff interviews, review of student records, examination of documentation, and/or classroom observation. The Department found one or more of the criteria monitored in your district to be “Partially Implemented” or “Not Implemented.” In all instances where noncompliance has been 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 July 22, 2010. 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 Nicole Edgett at (781) 338-3723. Sincerely, Nicole Edgett, 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 Lisa Gaquin, School Committee Chairperson Allison Brown Collins, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Hamilton-Wenham Regional School District Dates of the Mid-cycle Review Onsite: May 27-28, 2010 Date of this Report: July 6, 2010 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 3 Special requirements for the determination of specific learning disability 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 The district regularly uses the forms required to make a determination of specific learning disability. At the IEP team meeting for students suspected of having a specific learning disability, the determination form is completed; each team member signs to signify agreement or if there is disagreement, writes a dissenting report. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 1 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion SE 52A Registration of educational interpreters Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Documentation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district currently does not have a need for educational interpreters. An assurance was provided that when one is required to support a student, the district will employ an individual who is registered with the Massachusetts Commission for the Deaf or Hard of Hearing. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 2 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 SE2 Required and Optional Assessments Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Student Records Student records determined that upon initial referral to determine eligibility, the IEP team is not always conducting educational assessments when the suspected area of disability may lead to a need for a related service. Additionally, the required observation to determine eligibility at the age of three is not always done when the suspected disability is in the area of a related service. Please provide training to IEP Team Chairpersons on the requirements to conduct educational assessments when conducting evaluations to determine a student’s initial eligibility. Furthermore, please notify all IEP Team Chairpersons of the required observation of students to determine eligibility for service at age three. Please conduct an internal monitoring of student records representative of the elementary, middle, and high school to ensure that all required assessments, specifically educational assessments, are conducted for initial eligibility. For pre-k students, be sure that an observation of the student takes place. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 3 of 11 (b) Progress Report Due Date(s) and Required Elements Please provide evidence of the training provided to IEP Team Chairpersons of the requirement to ensure educational assessments are completed as part of an evaluation to determine eligibility for all students and that observations are conducted as part of the eligibility determination for young children. Please submit evidence of training to staff by September 30, 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 2010 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) Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 4 of 11 Please conduct a review of student records, subsequent to the training, to ensure the completion of all required assessments for initial evaluations to determine eligibility. Please submit the results to include the number of records reviewed, the school level, the name and role of the reviewer, the number of records found to be compliant, the root cause of any identified noncompliance and any additional steps taken to address continued 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 Please submit the results of the internal monitoring by December 17, 2010 SE4 Reports of Assessment Results Student Records SE 6 Transition Student Records SE11 Independent Education Evaluations Student Records, Documentation & Staff Interview SE12 Re-Evaluations Student Records Student records revealed that completed assessment reports define in detail the student needs and offer recommendations in meeting those needs. Student records indicated that the IEP team routinely considers the transition needs of students on or before their 14th birthday and documents the team’s discussion on the required Transition Planning Form. Student records indicated that upon receipt of an independent educational evaluation (IEE), the IEP team reconvenes and considers the IEE and whether a new or amended IEP would be appropriate. Student records indicated that when the IEP Team suspects a student is no longer eligible for special education, the district conducts a complete Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 5 of 11 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation SE13 Progress Reports Student Records SE 14 Annual Reviews SE 16 Screening Student Records Staff Interview SE 18A IEP Development SE 19 Extended Evaluation Documentation, Student Records & Staff Interview Student Records & Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation reevaluation, including evaluations by all related service providers. Student records indicated that parents receive reports on the student’s progress towards reaching the goals set forth in the IEP as often as parents are informed of the progress of nondisabled students. Student records indicated that the district secures parental consent to proposed IEP amendments. The district routinely conducts screening for three and four year olds and for all children entering kindergarten. Student records revealed that upon determining eligibility for special education, the IEP Team develops the IEP at the meeting. Student records and staff interviews indicated that when the IEP Team and the parent find the evaluation information insufficient to develop a full or a partial IEP, the district requests and the parent consents to an extended evaluation. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 6 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI SE 20 LRE Method(s) of Investigation Staff Interviews & Student Records Staff Interviews SE 22 IEP Implementation SE 24 Notice Student Records SE 25 Parental Consent SE 34 Continuum of Services Student Records Staff Interviews Basis of Determination about Criterion Please see SE 43 and SE 46 for commentary. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please see SE 43 and SE 46 below. Interviews indicated that the special education liaisons inform the student’s teachers and providers of their specific responsibilities related to the implementation of the student’s IEP. Student records indicated that upon receipt of a referral to determine eligibility, the district routinely responds with written notification within five schools days. Student records indicated that the district obtains parental consent before initiating IEP services. Staff interviews indicated that the district has expanded the continuum of alternative services and placements available to meet the needs of students with disabilities. One example of this is the recent addition of language based classrooms which has resulted in a reduction of out-ofdistrict placements. In addition, as noted under SE 6, Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 7 of 11 (b) Progress Report Due Date(s) and Required Elements Please see SE 43 and SE 46 below. 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 student records indicated that the IEP team routinely considers the transition needs of students and documents the IEP team’s discussion on the required Transition Planning Form. SE 35 Assistive Technology Staff Interview SE 37 Out-OfDistrict Procedures Student Records SE 41 Age Span Documentation, Staff Interview, and Student Records The district has provided its staff with professional development concerning the use of assistive technology for students with disabilities. The district has also created a database of the available assistive technology resources. As a result, the district has increased its capacity to provide students with disabilities access to assistive technologies. Student records indicated that the district routinely conducts monitoring of students placed in out-of-district placements. Documentation of monitoring plans and all actual monitoring are placed in student files. Documentation and staff interviews indicated that the district is meeting the instructional grouping age span requirements. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 8 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion SE 43 Behavioral Supports 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 Student Records & Staff Interviews Although the district does have the resources to provide students with behavioral supports, student records did not include any evidence that the IEP Team considers the use of positive behavioral interventions or the possible need for a functional behavioral assessment when a student’s behavior is impeding their learning or the learning of the others. Please establish local procedures to ensure that the IEP Team considers the use of behavioral interventions and the possible need for a functional behavioral assessment for students whose behavior impedes their learning or the learning of others. Included in the procedures, please establish guidance for IEP Teams on how to identify students whose behavior necessitates the use of positive behavioral interventions or a functional behavioral assessment. Please provide training for all IEP Team Chairpersons, special education teachers, and building administrators, on the newly developed procedures. Please conduct internal monitoring of the records of students who exhibit behavior that impedes their learning or the learning of others to ensure that the IEP Team considered the use of positive behavioral interventions and/or the need for a functional behavior assessment. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 9 of 11 (b) Progress Report Due Date(s) and Required Elements Please submit the newly developed procedures to the Department by September 30, 2010. Please submit evidence of training, such as agendas and signin sheets, provided to IEP Team Chairpersons, special education teachers, and building administrators about the newly developed procedures. Please submit this information to the Department by September 30, 2010. Please submit the 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 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) (b) Progress Report Due Date(s) and Required Elements results of internal monitoring conducted posttraining to ensure that the IEP Team is considering behavioral interventions for students whose behavior impede their learning or the learning of others. If any areas of noncompliance are found, please identify the root cause and include the subsequent corrective action(s). Please submit the results of the internal monitoring no later than December 17, 2010. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 10 of 11 Criterion SE 46 Procedures for Suspension of Students with Disabilities when Suspensions exceed 10 consecutive school days 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 Staff Interviews & Student Records In the course of the Midcycle review, the Department determined that currently, the district has a practice of removing students that exhibit severe behaviors or emotional needs from the general education setting and placing these students in a 45-day Interim Alternate Education Setting (IAES) to conduct an evaluation in an attempt to assess the student’s social-emotional needs. As a result of this practice, student records indicated that out-ofdistrict placements are often recommended by the contracted assessor(s). The district cannot remove students and place them within an Interim Alternate Education Setting without following the disciplinary procedures articulated under federal regulation. Please ensure that the districts policies and procedures related to the removal of students to an Interim Alternate Educational Setting adhere to the federal regulations. Please see Federal Regulations 34 CFR 300.530-537 for additional information. Please provide training for all IEP Team Chairpersons and principals on the districts procedures related to the removal of students to an Interim Alternative Educational Setting (IAES). If the district notes a pattern eliciting concern or a particular incident occurs that warrants it, the district may propose to Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 11 of 11 (b) Progress Report Due Date(s) and Required Elements Please submit a copy of the districts and procedures related to the removal of students to an Interim Alternative Educational Setting. Please submit this information by September 30, 2010. Please submit evidence of training, such as agendas and signin sheets, provided to all IEP Team Chairpersons and principals on the district’s procedures related to the removal of students to an IAES. 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 parents, and upon receipt of consent, conduct an evaluation (for example, a functional behavioral assessment or an evaluation to determine additional social-emotional needs) to determine whether the services and placement of the student are appropriate. SE 54 Professional Development Staff Interview & Documentation A review of documentation submitted in addition to staff interviews, indicated that the district provides professional development on state and federal special education requirements and practices. Hamilton-Wenham Regional School District Coordinated Program Review Mid-cycle Report July 6, 2010 Page 12 of 11 (b) Progress Report Due Date(s) and Required Elements Please submit the evidence by December 17, 2010. MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Hamilton-Wenham Regional School District 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