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 May 8, 2006 Sheldon H. Berman, Superintendent Hudson Public School District 155 Apsley Street Hudson, MA 01749 Re: Mid-cycle Coordinated Program Review Report Dear Superintendent Berman: Enclosed is the Department of Education's Mid-cycle Coordinated Program Review Report (Mid-Cycle Report). This report contains findings based on onsite monitoring conducted to verify the implementation and effectiveness of corrective action approved by the Department to address findings of noncompliance included in the Hudson Public School District Coordinated Program Review Report issued on July 2, 2003. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been newly created or substantially changed in response to IDEA 2004. As you know, another component of the Department’s Mid-cycle Review is the review of your school district or charter school's self-assessment in the area of English learner education (ELE). (In the remainder of this letter, please read “district” as meaning “school district.”) The purpose of this review is to determine whether your district is implementing the significant changes in M.G.L. Chapter 71A, governing the education of limited English proficient students, that were adopted by voters by means of Question 2 in 2002. The Department has reviewed your district’s ELE selfassessment documents and, based solely on that self-assessment, is providing you in this report with comments on your ELE program and, where necessary, corrective action to be implemented. Your district is urged to request technical assistance in relation to any of these comments or prescribed corrective action. To secure assistance, you may consult with your Mid-cycle Review Chairperson or call Robyn Dowling-Grant in Program Quality Assurance Services at 781338-3732. You may also consult with staff in the Department’s Office of Language Acquisition and Achievement at 781-338-3534 and obtain additional ELE guidance documents through the Department’s web site at http://www.doe.mass.edu/ell/ . While the Department of Education found your district to have resolved certain noncompliance issues, others were partially corrected or not addressed at all, or the Department’s onsite team identified new issues of noncompliance, either noncompliance with special education criteria added or substantially changed in response to IDEA 2004, noncompliance with ELE criteria, or other new noncompliance. Where the district has failed to implement its approved Corrective Action Plan, the Department views these findings to be serious. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. You will find these requirements for corrective action included in the attached report, along with requirements for progress reporting. Please provide the Department with your written assurance that all of 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 Mid-cycle Review Chairperson by May 25, 2006. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 1 of 2 Your staff's cooperation throughout these follow-up monitoring activities is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact the Mid-cycle Review Chairperson at 781-338-3722. Sincerely, Susan D. Nichols, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Christopher Yates, School Committee Chairperson Mary Larrivee, District Program Review Follow-up Coordinator Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 2 of 2 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT Hudson Public School District ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Dates of this Mid-cycle Review Onsite Visit: March 15-17, 2006 Date of this Report: May 8, 2006 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Method(s) of Verification Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Identified Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance Special Education Requirements (including new IDEA-2004 Requirements Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 1 of 15 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 6 Determination of Transition Services Approved Corrective Action Plan Determined to be Substantially Implemented and Effective Method(s) of Verification Partially Implemented Student Record Review, Documentation and Interviews Basis of Findings Regarding Corrective Action Plan Activities Or Basis of Findings Regarding Implementation of New IDEA Requirements The IEP Teams in the district meet to determine needed transition services for students who are transitioning from one school building to another. The district ensures that students are invited to IEP meetings at which transition services are proposed and discussed. For students who will be approaching graduation, post secondary agencies and other adult human services agencies, as appropriate, are invited to attend IEP meetings. Corrective Action Plan Determined Not Fully Implemented Or Additional Issues Identified Partially Implemented Basis of Findings Regarding Incomplete or Ineffective Implementation of Approved Corrective Action Plan Or Basis of Findings of Additional Noncompliance The students’ vision statement and course of study in the IEP do not always address the students’ desired future goals, post-secondary education, vocational training, integrated employment, continuing or adult education. Record review indicated that not all Teams are consistently documenting transition and linking the students’ need and interests to the skills needed to acquire them. IEP Teams are completing appropriate 688 referrals. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 2 of 15 Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements By September 20, 2006 submit a narrative description of how course of study considerations are addressed and documented in a student’s IEP and in the development of transition goals and objectives in the Team meeting. SE 8 IEP Team composition and attendance Partially Implemented Student Record Review, Documentation and Interviews All parents are participating in IEP meetings consistently Partially Implemented IEP Teams consistently have all required people in attendance at initial and re-evaluations. SE 9 Eligibility Determination Student Record review and interviews In general, the school district meets timeline requirements for determination of eligibility and provision of documentation to parents SE 12 Frequency of re-evaluation Student Record review, Interviews Student record reviews indicated that the district conducts a full re-evaluation of the student every three years consistent with the requirements of federal special education law. SE 13 Progress Reports and content Partially Implemented Student Record review, Interviews Parents are receiving progress reports as often as parents are receiving progress reports of non-disabled students Partially Implemented A person who can commit the school district resources is not always at annual meetings, and the staff present are not always clear who does have this authority. The review of student records indicated that progress reports do not consistently and specifically address the goals or indicate if progress was sufficient to meet the goal by the end of the school year. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 3 of 15 By September 20, 2006, submit a revised list of the staff in the district that can commit the district resources and a description of what this responsibility entails. And that this information had been reviewed and discussed with appropriate school personnel. By September 20, 2006, provide training for special education staff, including related service providers on this requirement and provide the agenda and attendance sheet to the Department In addition, provide a random sample of 5 progress reports from each school building, to the Department. SE 14 Review and revision of IEPs SE 15 Outreach by the district Student Record review, Interviews Student record reviews indicated that IEP Teams meet to review the student’s progress and to review, revise, or develop a new IEP Documentation and Interviews Documentation and interviews indicated that the district conducts frequent outreach activities in the community from which promotion or transfer of students in need of special education may be expected, or which would include students in need of special education. SE 17 Initiation of services at age three and early Intervention Transition Procedures Student Record review, Interviews The school district implements all procedures appropriately to ensure the effective transition of young children. SE 18A #1 and #2 IEP Development and Content Partially Implemented Student Record review, Interviews The IEPs generally include specially designed instruction to meet the needs of the individual student and related services that are necessary to allow the student to benefit from the specially designed instruction. Partially Implemented A review of student records indicated that IEP Teams do not consistently develop goals for students that are annual or measurable. Some IEPs had goals or objectives that did not change from the previous year. Some IEPs did not address all areas of disability or need that was apparent in the assessments. In Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 4 of 15 By September 20, 2006, provide training for special education staff, including related service providers on this requirement and provide the agenda and attendance sheet to the Department. Submit the goals and objectives from 5 student IEPs from each school building written after the training addition, in some cases, the student’s goals were not linked to the student’s need for specialized instruction, as indicated by the assessment reports and the student’s lack of progress in the general education curriculum. SE 25B Resolution of disputes Documentation and interviews The district is implementing the new requirement for offering dispute resolution meetings prior to proceeding to the BSEA. SE 30 Notice of procedural safeguards Documentation and interviews The district is providing parents with copies of the interim notice of procedural safe guards or, in past years, the parent’s rights brochure. Student Record review, Interviews The district has written procedures for the suspension of students with disabilities. SE 46 Procedures for suspension of students with disabilities more than 10 days The district will conduct Functional Behavioral Assessments when indicated. The district’s manifestation determination procedures are consistent with federal requirements, and the manifestation determination. SE 49 Related Services Student Record review, Interviews The district provides and arranges for a variety of related services to students. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 5 of 15 Civil Rights (MOA) and Other General Education Requirements MOA 9 Documentation and interviews MOA 21 Staff Training Regarding Civil Rights responsibilities Documentation and interviews The school district ensures that prospective employers comply with state and federal laws that prohibit discrimination in hiring or employment practices and issues a Statement of Assurance from prospective Employers of Students letter to them to document this assurance. The school district includes all areas regarding staff civil rights responsibilities, including discrimination and harassment. Other Regulated Programs Addressed During this Mid-cycle Review SE 18B Determination of Placement; provision of IEP to Parent Student Record review and interviews A review of the record reviews indicated that IEP Teams determine placement for the student and provide the proposed IEP within required timelines consistent with state special education regulations. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 6 of 15 SE 21 School day and School Year requirements Student Record review and interviews IEP Teams consider the need for extended day or school year services, which is individualized to meet the needs of students. SE 22 Student Record review and interviews The school district provides the services in the IEP without delay and ensures that an IEP is in effect for all eligible students at the beginning of the school year. Partially Implemented Student Record review and interviews IEP Implementation and Availability SE 24 FAPE The district does provide notice to parents regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE. SE 32 Documentation and interviews The district has a special education parent advisory council that has By-Laws, meets regularly, has access to district resources and is involved with training and community events. SE 45 Documentation The High school Student Partially Implemented The district’s required notice to parents regarding the Narrative Description of School District Proposal (N1) contains incomplete information. The narrative does not always answer the guiding questions appropriately and sometimes the information is not included at all. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 7 of 15 By September 20, 2006, provide training for special education staff, on this requirement and provide the agenda and attendance sheet to the Department. Submit the Narrative Description of School District proposal from 5 student IEPs from each school building written after the training. Handbook contains all of the required procedures for suspensions up to 10 days and after 10 days. (high school handbook) SE 54 Professional Development Documentation and interviews The school district offers an extensive array of professional development opportunities for all staff in the district. There is a strong focus on differentiated instruction which is a school district initiative. In addition, the district offers its staff, courses for college credit. SE 55 Special Education Facilities and classrooms Partially Implemented Observations The elementary schools, Mulready, Forest Avenue and Farley, and the high school meet all of the required elements of this criterion. Partially Implemented Hubert Kindergarten Center Physical therapy and occupational therapy services cannot always be provided in a private space and when it is provided in the hall or building alcove is not acceptable for its purpose. The Special Education Resource Room is too small to provide small group instruction. JFK Middle School The resource room’s size is not sufficient and the resource room area it currently uses is not Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 8 of 15 adequate. At times the hallways are used for small group instruction and testing. The speech and language room is off the cafeteria but it cannot be used during lunch times and it is not private. The room used for Physical therapy is unacceptable. It is in a storage space that is not comparable to all other areas in the school. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 9 of 15 Hudson Public Schools English Learning Education (ELE) Requirements Mid-Cycle Review Advisory Comments Resulting From The Department’s Review Of Local Self-Assessment Documents (Please refer to full text of 2005-2006 CPR-ELE legal requirements and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc ) ELE Criterion Number and Topic Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission ELE 1 Annual Assessment The district has developed appropriate procedures and has trained personnel to ensure the appropriate administration of required annual assessments. Evidence was provided that LEP students participate in annual assessments. ELE 2 MCAS Participation The district reports that all limited English proficient high school students participate in the annual administration of the MCAS but did not submit any information documenting that elementary and middle schools LEP students participate. The district is providing bilingual dictionaries. Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review By September 20, 2006, submit a list of all LEP students and when they participated in MCAS testing at all required grades. By September 20, 2006 submit a description of the accommodations for all academic subject matter testing in English and guidelines that address the option of 1st yr students in the USA to not take the MCAS. The district did not provide any descriptions of accommodations for academic subject matter testing in English or guidelines that address the option of 1st yr students in the USA to not take the MCAS. ELE 3 Initial Identification The district has a home language survey that is translated into the major languages of the district. By September 20, 2006 submit the district’s written policies and procedures used to identify limited-English proficient students. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 10 of 15 ELE Criterion Number and Topic ELE 4 Waiver Procedures ELE 5 Program Placement and Structure Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission The district has waiver forms but they do not contain a description of the following waiver implementation practices: a. When a parent requests/opts out of program b. How parents are informed of their right to apply for a waiver, and how are program descriptions provided to parent (native language, etc.) c. Policies and procedures for handling/processing waiver requests for students under the age of 10. d. Policy and procedure for processing waivers for students over the age of 10. The Farley Elementary School and the High School ELE program descriptions were not consistent with existing program. The district did not provide evidence that LEP students are provided with SEI form qualified teachers. Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review By September 20, 2006, submit the district’s written waiver policies and procedures. The district does not have a program description. By September 20, 2006, submit a detailed narrative from each building outlining the nature of the English Learner Program, as it exists in each building. In addition, cite which professional development was provided to each teacher instructing LEP students, and the dates of the training, including resume of trainer and agenda, and attendance sheets. There are no policy and procedures for placing students in ELE program, training regular education teachers in sheltered English immersion, ESL programming, etc. By September 20, 2006, indicate how LEP students at each building are provided with English Language Development instruction, including the certification of staff providing the instruction. The district does not have program placement criteria. NOTE program concept and structure are not implemented consistently across the district. HS ELE students are segregated. ELE 6 Program Exit and Readiness The information the school district provided did not include all of the required elements of this criterion. There was no description of policy and procedures that include program exit criteria for student from LEP (Limited English Proficient) to FLEP (Formally Limited Proficient). By September 20, 2006, submit the district’s written policies and procedures for exiting students from the ELL programs to English speaking classes that include all required areas. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 11 of 15 ELE Criterion Number and Topic Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission ELE 7 Parent Involvement The school district has developed a mechanism for including parents or guardians of LEP students regarding their children’s education. ELE 8 Declining Entry to a Program ELE 9 Instructional Grouping Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review The school district reports that they have not had any parents decline entry into the program or have had parents request a two-way bilingual or other ELE program. And further states that it will develop strategies to provide English language support to students if a parent declines entry By September 20, 2006, submit the district’s written policies and procedures that describe the implementation practices that includes the English support to students whose parents have declined entry to district’s Sheltered English Immersion program. The district submitted a class roster that included the names, grade, ID #, room and the class size but did not provide the home language, the years in the ELL program and the language proficiency of the students. By September 20, 2006, submit updated class rosters (including student initials, home language, years in program and current language proficiency) The district reports that they only group students of different ages together in instructional settings if their levels of English proficiency are similar and ensures that students are receiving effective content instruction that is based on the English Language proficiency Benchmarks and Outcomes. ELE 10 Parental Notification The school district submitted a description of its implementation practices related to all areas of parental notification. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 12 of 15 ELE Criterion Number and Topic Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission ELE 11 Equal Access to Academic Programs and Services Although the school district states that LEP students are not segregated from English speaking peers, it was evident that students at the high school remained in English language classes for the entire day with minimum access to their English speaking peers and curriculum Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review By September 20, 2006, submit a plan by which the district can change their English language program so that LEP students have equal access to academic programs and services By September 20, 2006, submit a description of the revised program for LEP students at the high school. There were no students in classes with sheltered English instruction and students were only in English Language classes. Some students were going to a few content area classes but without the necessary native language support. ELE 12 Equal Access to Nonacademic and Extracurricular Programs ELE 13 Follow-up Support The school district reports that LEP students are encouraged to participate in non-academic and extracurricular activities By September 20, 2006, submit a list of LEP students and the non-academic and extra curricular activities they participate in. The school district submitted a statement that it actively monitors students who have exited the program and provides language support services, if needed, but did not include procedures of how this will be done and how the language support will be provided. By September 20, 2006, submit a description of follow up policies and procedures that include active monitoring for two years and how it will provide language support services, if needed. The school district submitted information that addresses how adults can access English language and literacy skills classes that are free of charge. ELE 14 Licensure and Fluency Requirements All ELL teachers are certified by the Department of Education. By September 20, 2006 submit a description of the criteria used to determine English language teacher fluency, including assessment procedures. The information submitted did not include a description of practices for ensuring fluency of all of their teachers. Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 13 of 15 ELE Criterion Number and Topic ELE 15 Professional Development Requirements ELE 16 Equitable Facilities - Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission The school district has provided training in assessments of speaking and listening (MELA-0). Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review By September 20, 2006, submit the district’s plan to provide all required professional development training. The school district has not provided training in sheltering content instruction and ELL teachers have not received required training in second language learning and teaching. The school district ensures that LEP students are provided facilities, materials and services comparable to those provided to the overall population. (To be reviewed during next CPR visit) ELE 17 DOE Data Submission Requirements and Program Evaluation ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) All LEP students are reported on the district’s SIMS report. The district conducts periodic evaluations of the effectiveness of its ELE program. The district submitted a description of record keeping practices. Of the student records that were reviewed, the home language survey, progress reports, and report cards were not in the records. The district should anticipate that the Department would examine the individual records of students identified as Limited English Proficient during the course of a Coordinated Program Review. The district may wish to consider conducting its own preliminary record review and examining the contents of student records using the Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 14 of 15 ELE Criterion Number and Topic Advisory Comments Resulting from the Department’s Review of Local ELE Self-Assessment Document Submission Department’s procedures to determine its compliance with state requirements. Required Corrective Action, Timelines for Implementation, and Further Progress Reporting Requirements to be Implemented in Anticipation of the District’s Next Scheduled Coordinated Program Review Hudson Public School Coordinated Program Review Mid-Cycle Report May 8, 2006 Page 15 of 15