Massachusetts Department of Elementary and Secondary Education

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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

April 19, 2012

James Jolicoeur, Superintendent

Leominster Public Schools

24 Church Street

Leominster, MA 01453

Re: Mid-cycle Report

Dear Superintendent Jolicoeur:

Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district on January 23, 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 May 7, 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 Paula Twomey at 781-

338-3730.

Sincerely,

Paula Twomey, 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

Elizabeth Y. Ahern, Ed.D., Supervisor, Program Quality Assurance Services

Dean Mazzarella, School Committee Chairperson, Mayor of Leominster

Edward Pratt, Pupil Personnel and SPED Director, Local Program Review Coordinator

Encs: Mid-cycle Report

Mid-cycle Progress Report Form

2

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

MID-CYCLE REPORT

Leominster Public Schools

Date of the Mid-cycle Review Onsite: January 23, 2012

Date of this Report: April 19, 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)

Method(s) of

Investigation

Basis of

Determination about

Criterion

If Partially Implemented or Not

Implemented:

(a) Required Corrective Action and

Timelines for Implementation

SE 7

Transfer of parental rights and student participation and consent at age of majority

PI Student

Records

Staff

Interviews

A review of student records and interviews with staff members indicated that the district does not consistently inform the student and the parent/guardian one year prior that the educational decision

The district must review and update their procedures for informing students and parents one year prior to the age of 18 of the transfer of decision making responsibility to the student at the age of majority. Once updated the district must provide training to appropriate staff members.

See Administrative Advisory SPED 2011-1 on the Age of Majority

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 1 of 8

(b) Progress

Report Due

Date(s) and

Required

Elements

The district will submit the updated procedures related to transfer of parental rights and evidence of staff training, which will include a training

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 making rights will transfer from the parent/guardian to the student upon the student’s 18 th birthday.

Further, it was evident that the district routinely obtains consent from the student to continue the student’s special education program, prior to the student’s

18 th birthday. at: www.doe.mass.edu/sped/advisories/11_1.ht

ml .

Develop an internal oversight and tracking system to ensure that the district is informing students and their parent/guardian one year prior to the student reaching age 18 of the rights that will transfer to him or her upon the student’s 18 th birthday. Upon reaching the age of 18, via the internal oversight and tracking system, confirm the obtaining of consent to continue the student’s education program.

Conduct an internal review of student records, for those students who have reached the age of majority subsequent to the district’s implementation of all corrective action, for evidence of compliance with notifying the students and parent/guardian of the transfer of rights one year prior to the student reaching age 18 and the confirmation of the student’s consent at age 18 to continue the student’s special education program.

Please note when conducting internal monitoring that district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 2 of 8

(b) Progress

Report Due

Date(s) and

Required

Elements agenda, attendance sheet and copies of the materials presented. Please submit this to the

Department by

June 29, 2012 .

Submit the results of the administrative review of student records. Indicate the number of student records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions to be taken by the district to address any identified noncompliance.

Criterion

SE 8

IEP Team composition and attendance

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 review; c) Name of person(s) who conducted the review, their role(s), and signature(s ).

Student

Records

Staff

Interviews

Interviews with staff members and a review of student records indicated that a district representative with the authority to commit district resources does attend all Team

Meetings.

However, record review and interviews also demonstrated that when a required Team member is unable to attend an IEP Team meeting, the district does not consistently obtain written agreement from the parent to excuse a required Team member´s participation.

The district must revise their procedures related to IEP team composition. The revised procedures must indicate that to excuse a required Team member, the parent and district must agree, in writing, that the attendance of the 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 and the excused member provides written input into the development of the IEP to the parent and the IEP Team prior to the meeting. Once developed, the district must train special education team chairpersons on these procedures.

Further, the district must develop an internal oversight and tracking system to ensure that appropriate excusal procedures are followed if a required Team member is unable to attend the IEP Team meeting. The tracking system should include supervisory oversight and periodic reviews to ensure ongoing

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 3 of 8

(b) Progress

Report Due

Date(s) and

Required

Elements

Please submit this to the Department by December 10,

2012.

The district will submit a copy of the revised procedures and evidence of staff training, which will include a training agenda, attendance sheet and copies of the materials presented. Also please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date for the system’s implementation to

Criterion Criterion

Implemented

Criterion

Partially

Implemented

(PI) or Not

Implemented

(NI)

Method(s) of

Investigation Determination about

Criterion

Basis of If Partially Implemented or Not

Implemented:

(a) Required Corrective Action and

Timelines for Implementation compliance.

Conduct an internal review of student records in which an IEP Team meeting was held after the implementation of the corrective action to ensure that the district is consistently obtaining written agreement from the parent to excuse the required Team member(s).

Please note when conducting internal monitoring that the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s ).

(b) Progress

Report Due

Date(s) and

Required

Elements the Department by June 29, 2012 .

Submit the results of an administrative review of student records Indicate the number of records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance and a description of additional corrective actions to be taken by the district to address any identified noncompliance.

Please submit this to the Department by

December 10,

2012.

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 4 of 8

Criterion Criterion

Implemented

Criterion

Partially

Implemented

(PI) or Not

Implemented

(NI)

Method(s) of

Investigation

Basis of

Determination about

Criterion

SE 18A

IEP

Development and content

SE 25

Parental consent

If Partially Implemented or Not

Implemented:

(a) Required Corrective Action and

Timelines for Implementation

Student

Records

Staff

Interviews

Student

Records

Staff

Student record review and interviews with staff members demonstrated that the

IEP Team considers and addresses 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.

Interviews with staff members and a review of student records demonstrated that the district has procedures

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 5 of 8

(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

Interviews in place to address when a parent revokes consent to special education services in writing. No parents have revoked consent for services at this time.

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 6 of 8

If Partially Implemented or Not

Implemented:

(a) Required Corrective Action and

Timelines for Implementation

(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 4

Reports of assessment results

SE 6

Determination of transition services

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

Student

Records

Staff

Interview

A review of student records showed that staff members responsible for administering assessments summarize in writing the procedures employed, the results, the diagnostic impressions, and define in detail and in educationally relevant and common terms, the student’s needs, offering explicit means of meeting them.

Interviews with staff members and a review of student records demonstrated that the Team discusses the student’s transition needs annually, beginning no later than when the student is 14 years old, and documents its discussion on the Transition

Planning Form.

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 7 of 8

(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

The Team reviews the

Transition Planning Form annually and updates information on the form and the IEP, as appropriate.

If Partially Implemented or Not

Implemented:

(a) Required Corrective Action and

Timelines for Implementation

(b) Progress

Report Due Date(s) and Required

Elements

Leominster Public Schools Coordinated Program Review Mid-cycle Report

April 19, 2012

Page 8 of 8

MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

MID-CYCLE REVIEW

School District: Leominster Public Schools

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

Rev. 6/30/08

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