Massachusetts Department of Elementary and Secondary Education

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Massachusetts Department of

Elementary and Secondary Education

350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700

TTY: N.E.T. Relay 1-800-439-2370

July 27, 2007

William P. Coan

Superintendent

Lenox Public Schools

6 Walker Street

Lenox, MA 01240

Dear Superintendent Coan:

Re: Mid-cycle Coordinated Program Review Report

Enclosed is the Department of Elementary and Secondary 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 or ordered by the Department to address findings of noncompliance included in the Lenox Public Schools Coordinated

Program Review Report issued on March 12, 2004. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004.

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 or charter school.”) 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 self-assessment (documentation and any written analysis of compliance) and, based solely on that self-assessment, is providing you in this report with findings on your ELE program and the corresponding corrective action to be implemented. Your district is urged to request technical assistance in relation to any of these findings or this prescribed corrective action from me or from staff in the Department’s Office of Language

Acquisition and Achievement at 781-338-3534. ELE guidance documents are available on the

Department’s website at http://www.doe.mass.edu/ell/ .

The onsite team would like to commend the following areas that were brought to its attention and that the team believes have a significant and positive impact on the delivery of educational services for students enrolled in the Lenox Public Schools:

Record review, documentation review, and interviews indicated that the district’s Transition services are extensive and provide students with a vast and high-quality array of services.

 Record review, documentation review, and interviews indicated that the district’s progress monitoring of special education students is extensive, including on going training and coaching for all special education teachers.

1

We are pleased to indicate that the Department of Elementary and Secondary Education has found your district's approved Corrective Action Plan to have been implemented and to have been effective in remedying previously identified noncompliance in Special Education and Civil Rights Methods of

Administration. While the Department of Elementary and Secondary Education found your district to have resolved noncompliance issues addressed in the Corrective Action Plan, the Department’s onsite team identified new issues of noncompliance with special education criteria added or substantially changed in response to IDEA 2004 and with ELE criteria.

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 district within the timelines specified. You must submit your statement of assurance to me by August 10, 2007.

Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 413-858-4591.

Sincerely,

Pamela A. Kenyon, Mid-cycle Review Chairperson

Program Quality Assurance Services

Darlene A. Lynch, Director

Program Quality Assurance Services c: David P. Driscoll, Commissioner of Elementary and Secondary Education

Jay Carberry, School Committee Chairperson

Cynthia F. Dinan, District Program Review Follow-up Coordinator

Encl.: Mid-cycle Coordinated Program Review Report

Mid-cycle Cover Letter 2007.doc Rev. 11/14/06

2

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY

EDUCATION

MID-CYCLE COORDINATED PROGRAM REVIEW REPORT

Lenox Public Schools

ONSITE MONITORING OF IMPLEMENTATION OF CORRECTIVE ACTION AND OF CERTAIN NEW REQUIREMENTS

Date of Coordinated Program Review (CPR): December 8-12, 2003

Date of Coordinated Program Review Corrective Action Plan Approval: November 9, 2004

Dates of Corrective Action Plan Progress Reports: January 15, 2005, July 15, 2005

Dates of this Mid-cycle Review Onsite Visit: May 29-30, 2007

Date of this Report: July 27, 2007

PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 3 of 13

Criterion

Number/Topic

(Refer to full text of

2006-2007 CPR requirements)

Special Ed. Criteria

Cited in CPR Report and Monitored in

Mid-cycle

SE 9

Eligibility

Determination

And Timelines

Approved

Corrective

Action

Implemented and Effective

Method(s) of

Verification

Basis of Determination that Corrective Action was Implemented and has been Effective

Corrective Action

Not Implemented or Not Effective or

New Issues

Identified

Basis of Determination that Implementation of

Corrective Action was

Incomplete or

Ineffective or

Basis of Finding of New

Noncompliance

Required Corrective

Action, Timelines for

Implementation, and

Progress Reporting

Student records, document review, and interviews

SE 18B

Determination of

Placement and

Provision of IEP

 Student records, document review, and interviews

The district has developed a tracking system to accurately oversee and adhere to the timelines for determining special education eligibility.

Documentation review and interviews indicate that the district implements the required procedures to determine placement at evaluations.

Student records indicate that the IEP, along with required notice, is provided to the parent within forty-five school working days after receipt of parent’s consent.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 4 of 13

Criterion

Number/Topic

(Refer to full text of

2006-2007 CPR requirements)

SE 32

Parent Advisory

Council

Approved

Corrective

Action

Implemented and Effective

Method(s) of

Verification

Document

Review

Basis of Determination that Corrective Action was Implemented and has been Effective

The district has an established Parent

Advisory Council that meets the requirements of this criterion, including by-laws and operational procedures.

Corrective Action

Not Implemented or Not Effective or

New Issues

Identified

Basis of Determination that Implementation of

Corrective Action was

Incomplete or

Ineffective or

Basis of Finding of New

Noncompliance

Required Corrective

Action, Timelines for

Implementation, and

Progress Reporting

Special Education

Criteria created or revised in response to IDEA-2004

SE 6 #1 - 3

Determination of

Transition Services

Student records, document review, and interviews

Student records, documentation review and interviews indicate that transition needs are addressed at Team meetings. Interviews indicate that the discussion of students’ transition begins at 15 years old. Transition planning includes an appropriate vision statement and a wellwritten transition chart/form, as well as

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 5 of 13

Criterion

Number/Topic

(Refer to full text of

2006-2007 CPR requirements)

SE 8

IEP Team composition and attendance

SE 12

Frequency of reevaluation

Approved

Corrective

Action

Implemented and Effective

Method(s) of

Verification

Basis of Determination that Corrective Action was Implemented and has been Effective

Corrective Action

Not Implemented or Not Effective or

New Issues

Identified

Student records, document review, and interviews

Student records and document review vocational evaluations and on-site vocational experiences.

The district submitted the names and titles of the personnel in the district that are able to commit to resources at Team meetings. Signed attendance sheets from

Team meetings verify necessary attendance and a Team member excusal form is used as needed.

Prior to Team meetings, parents are provided with a form to provide input as well as a reader-friendly list reviewing what will take place at the Team meeting.

The student record review and documentation indicated consistent implementation of the three-year re-evaluation within required timelines.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 6 of 13

Basis of Determination that Implementation of

Corrective Action was

Incomplete or

Ineffective or

Basis of Finding of New

Noncompliance

Required Corrective

Action, Timelines for

Implementation, and

Progress Reporting

Criterion

Number/Topic

(Refer to full text of

2006-2007 CPR requirements)

SE 13

Progress Reports and content

SE 14

Review and revision of IEPs

SE 25B

Resolution of disputes

SE 33

Involvement in the

General Curriculum

Approved

Corrective

Action

Implemented and Effective

Method(s) of

Verification

Student records, document review, and interviews

Student records, document review

Document review, interviews

Student records, document review, and interviews

Basis of Determination that Corrective Action was Implemented and has been Effective

The school district submitted a copy of progress reports along with documentation of intensive training for all special education teachers addressing this criterion.

Student records and documentation indicated that the district conducts annual reviews within the required timelines.

The district’s forms and procedures are consistent with IDEA 2004.

Student records, documentation review, and interviews indicated that all students have access to the general curriculum.

Corrective Action

Not Implemented or Not Effective or

New Issues

Identified

Basis of Determination that Implementation of

Corrective Action was

Incomplete or

Ineffective or

Basis of Finding of New

Noncompliance

Required Corrective

Action, Timelines for

Implementation, and

Progress Reporting

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 7 of 13

Criterion

Number/Topic

(Refer to full text of

2006-2007 CPR requirements)

SE 39A

Procedures for services to eligible private school students whose parents reside in the district

(SE 39A does not apply to charter schools or vocational schools)

SE 39B

Procedures for services to eligible students in private schools in the district whose parents reside out of state

(SE 39B does not apply to charter schools or vocational schools)

Approved

Corrective

Action

Implemented and Effective

Method(s) of

Verification

Student records, document review, and interviews

Student records, document review, and interviews

Basis of Determination that Corrective Action was Implemented and has been Effective

Corrective Action

Not Implemented or Not Effective or

New Issues

Identified

Student records, documentation review, and interviews indicated that the district has required procedures in place, including the calculation of proportionate share, to provide for eligible students enrolled in private schools at private expense whose parents reside in the district.

Student records, documentation review, and interviews indicated that the district has required procedures in place, including the calculation of proportionate share, to provide for eligible students enrolled in private schools at private expense whose parents reside out of state.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 8 of 13

Basis of Determination that Implementation of

Corrective Action was

Incomplete or

Ineffective or

Basis of Finding of New

Noncompliance

Required Corrective

Action, Timelines for

Implementation, and

Progress Reporting

Criterion

Number/Topic

(Refer to full text of

2006-2007 CPR requirements)

SE 46

Procedures for suspension of students with disabilities more than 10 days

Approved

Corrective

Action

Implemented and Effective

Partial

Method(s) of

Verification

Student records, document review, and interviews

Basis of Determination that Corrective Action was Implemented and has been Effective

The district routinely conducts manifestation determinations prior to a suspension that constitutes a change in placement for a student with a disability.

Corrective Action

Not Implemented or Not Effective or

New Issues

Identified

Partial

Basis of Determination that Implementation of

Corrective Action was

Incomplete or

Ineffective or

Basis of Finding of New

Noncompliance

Required Corrective

Action, Timelines for

Implementation, and

Progress Reporting

Record reviews indicate that the district does not consistently provide services for expelled students who are on IEPs.

After expulsion of a special education student, the district does not provide services (until graduation or 22) that enable the student, although in another setting, to continue to participate in the general education curriculum and to progress toward IEP goals; and as appropriate, complete a functional behavioral assessment and a behavioral intervention plan.

The district must submit a policy stating that any special education student expelled will be provided with services up until graduation or until age 22. The district will also submit a policy for completion of Functional

Behavioral Assessments and Behavioral

Intervention Plans by

August 31, 2007.

The district will submit evidence of at least two

Functional Behavioral

Assessments and resulting behavioral intervention plans by

November 1, 2007.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 9 of 13

Lenox Public Schools

English Learner Education (ELE) Requirements

Mid-Cycle Review Findings and Corrective Action Based on the Department’s Review Of Local Self-Assessments

(Please refer to full text of 2006-2007 CPR requirements for ELE and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc

)

ELE Criterion

Number and

Topic

Criterion

Determined to be

Implemented

Based on Review of Local ELE Self-

Assessment

ELE 1

Annual

Assessment

ELE 2

MCAS

Participation

ELE 3

Initial

Identification

ELE 4

Waiver

Procedures

Findings of Noncompliance Based on Department’s

Review of Local ELE Self-Assessment

(Criterion Determined to be Partially Implemented or

Not Implemented)

Required Corrective Action,

Timelines for Implementation, and Progress

Reporting

The district has not provided the Department with sample parent notification in the home languages.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 10 of 13

The district will submit to the Department parent notification in the languages of the two/three students currently identified as English Language

Learners by August 31, 2007.

ELE Criterion

Number and

Topic

ELE 5

Program

Placement and

Structure

ELE 6

Program Exit and Readiness

ELE 7

Parent

Involvement

ELE 8

Declining Entry to a Program

ELE 9

Instructional

Grouping

ELE 10

Parental

Notification

Criterion

Determined to be

Implemented

Based on Review of Local ELE Self-

Assessment

Findings of Noncompliance Based on Department’s

Review of Local ELE Self-Assessment

(Criterion Determined to be Partially Implemented or

Not Implemented)

The district is not currently using a curriculum that addresses effective

English language and content instruction at appropriate academic levels ensuring ESL/ELD instruction that is appropriate to the student’s level of English proficiency and aligned with the English Language

Proficiency Benchmarks and Outcomes for English Language Learners

(ELPBO).

The district did not provide assurances that report cards and progress reports are, to the maximum extent possible, written in a language understandable to the parent/guardian of LEP students.

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 11 of 13

Required Corrective Action,

Timelines for Implementation, and Progress

Reporting

The district will submit evidence of curriculum that addresses the requirements under this criterion by

August 31, 2007.

The district will provide evidence that report cards and progress reports are understandable to the parent/guardian of LEP students by August 31,

2007.

ELE Criterion

Number and

Topic

ELE 11

Equal Access to

Academic

Programs and

Services

ELE 12

Equal Access to

Nonacademic and

Extracurricular

Programs

ELE 13

Follow-up

Support

ELE 14

Licensure

Requirements

ELE 15

Professional

Development

Requirements

Criterion

Determined to be

Implemented

Based on Review of Local ELE Self-

Assessment

Findings of Noncompliance Based on Department’s

Review of Local ELE Self-Assessment

(Criterion Determined to be Partially Implemented or

Not Implemented)

Required Corrective Action,

Timelines for Implementation, and Progress

Reporting

Although the district has provided teachers with informal training, a formal professional development plan, that provides teachers and administrators with high quality training in all four categories as prescribed by the Department to ensure the progress of LEP students in developing oral comprehension, speaking, reading and writing of

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 12 of 13

The district must develop and implement a multiyear, comprehensive professional development plan that ensures that LEP students are taught by teachers who have or in the process of attaining the required skills and knowledge as required by this criterion.

ELE Criterion

Number and

Topic

Criterion

Determined to be

Implemented

Based on Review of Local ELE Self-

Assessment

Findings of Noncompliance Based on Department’s

Review of Local ELE Self-Assessment

(Criterion Determined to be Partially Implemented or

Not Implemented)

Required Corrective Action,

Timelines for Implementation, and Progress

Reporting

English, has not been implemented.

The district does not have a designated space for ELD instruction.

Currently, the ELE teacher uses a cart to carry her supplies and materials to classrooms or shared spaces.

The plan must provide high quality training as prescribed by the Department in: second language learning and teaching, sheltering content instruction, assessment of speaking and listening; and teaching reading and writing to limited English proficient students. The district will submit a copy of the professional development plan to the Department, including timelines for professional development in each of the four categories of skills and knowledge designated above, by August 31, 2007.

The district will submit evidence showing that a designated space has been allocated for ELD instruction by August 31, 2007.

ELE 16

Equitable

Facilities

ELE 17

Program

Evaluation

ELE 18

Records of LEP

Students-

(To be reviewed during next

CPR visit.)

Mid-cycle Report Format 2007.doc Rev. 1/3/07

Lenox Public Schools Coordinated Program Review Mid-cycle Report

July 27, 2007

Page 13 of 13

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