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 March 29, 2005 Michael F. Brandmeyer Superintendent of Schools Lincoln Public Schools Ballfield Road Lincoln, MA 01773 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Brandmeyer: Enclosed is the Department's Coordinated Program Review Follow-up Monitoring Report together with findings regarding your district’s Coordinated Program Review Mid-cycle Review. This report contains the Department's findings based on the onsite activities conducted in your school district to verify the implementation status and effectiveness of corrective steps taken in response to your Coordinated Program Review Report issued on April 3, 2001. The Department is please to have found the majority of the formerly identified areas of noncompliance to be resolved. Only one item remains partially implemented and will require a response and the Department’s onsite team has identified no new issues. As the Department previously informed you, in cases where a district fails to fully and effectively implement a Corrective Action Plan, which was proposed by your district and approved by the Department, the Department must then prepare a Corrective Action Plan for the district, which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report together with any steps that must be taken by the district to fully implement new special education requirements. Please provide the Department with your written assurance that 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 Department's Onsite Chairperson by April 8, 2005. Your staff's cooperation throughout these Follow-up Monitoring activities is appreciated. Should you require additional clarification of information included in our report, please do not hesitate to contact the Onsite Team Chairperson at 781-338-3729. Sincerely, Elizabeth M. Young, Coordinated Program Review Follow-up Chairperson Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Dennis Picker, School Committee Chairperson Teresa Watts, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Lincoln Public Schools ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on May 25, 2001 Progress Reports Submitted on December 1, 2001, February 1, 2002, December 2, 2002, July 2003 and December 17, 2003 Onsite Visit Conducted on March 3, 2005 Date of this Report March 29, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special requirements for Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation YES Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Student Record Review The student records and program documentation clearly show that the special Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) determination of specific learning disabilities Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews requirements for determining specific learning disabilities are being met. 2 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of courses of study related to needed transition) SE 13 Progress Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Student Record Review Document Review Students age 14 and above and sometimes younger where appropriate are invited attend and have input in the Team meeting and IEP development. Interviews YES Student The district issues progress 3 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Reports and content Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Record Review Interviews reports as frequently as report cards are issued for nondisabled students. The districts progress reports consistently contain student progress toward the goals set annually in the IEP. 4 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 15 Outreach by the School District (Child Find) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Document Review The district conducts the screenings required by law and regulation. Student Record Review Interviews SE 17 Initiation of services at age three and Early Intervention transition procedures YES Document Review Record Review The files and procedures clearly delineated the transition process from Early Intervention both in theory and in practice. Interviews SE 18A IEP development and content Partially implemented Student Record Review Interviews The Team develops the IEP at the Team meeting and uses evaluation data to guide development of measurable annual goals and benchmarks. 5 Partially not implemented The IEP service delivery grids did not indicate the specific type of staff who would be providing the instruction and or/ related Please provide evidence that the Team Chairpersons have received training on completing IEP service delivery grids indicating Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting IEP’s in the district include specially designed instruction and/or related services necessary to allow the student to benefit from specially designed instruction and to access the general curriculum. 6 services. The delivery grids in all instances indicated regular education staff and/or special education staff without specifically stating for example, physical therapist or MSN teacher. appropriate staff by April 29, 2005. Please provide four sample IEP Service Delivery Grids and the agenda, attendance and materials from the training provided by July 1, 2005. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 18B Determination of placement; immediate provision of IEP to parent SE 20 Least restrictive program selected Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Student Record Review Interviews YES Document Review Student Record The IEP Teams determine the appropriate placement to deliver services on student IEPs. Placement is the least restrictive environment consistent with the needs of the student. The Team gives the parent the IEP at the conclusion of the meeting and has created a sign off for parent and Team members to document the immediate provision of the IEP to the parent. The IEP Teams select the least restrictive environment for students and a very large portion (161of 169 students) of the districts special education 7 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Review Interviews population spend at least part of the day in mainstream classrooms, 8 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 22 IEP implementation and availability (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service delivery where there is a lack of space and/or personnel)) SE 26 Parent participation in meetings Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Student Record Review Interviews YES Student Records The district has an IEP in effect for eligible students at the beginning of each school year and begins IEP services without delay once the student’s parent has accepted an IEP. Many parents attend the Team meeting and participate in the Team process. For the period of 9 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) (Emphasis on district’s attempts to ensure parent participation at IEP Team meetings) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews September 2004 through December 2004 there were 91 Team Meetings and in every instance a parent was in attendance. 10 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 28 Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents' rights SE 29 Communications are in English and primary language of home SE 32 Parent advisory council for special education SE 50 Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Student Record Review Document Review Interviews YES Student Record Review Interview YES Document Review Interview Documentation demonstrates that the IEP or notice of no eligibility together with notification of procedural safeguards and parents’ rights brochures are provided at the conclusion of the Team meeting. The district has a large list of translators and records show that when appropriate the district translates materials, forms and reports. The district provides parents with the current version of the Massachusetts Parent’s Rights brochures at each team meeting. 11 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Responsibilities of the School Principal and Administrator of Special Education Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Document Review Interview School principals and the Special Education Administrator fulfill the responsibilities set forth in MGL Ch 71§ 38 Q and § 38 ½ Q and 603 CMR 28.03(3). 12 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 54 Professional development regarding special education SE 56 Special education programs and services are evaluated SE 55 Special education facilities and classrooms Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Document Review Interview YES Document Review The district considers the needs of all staff in developing training opportunities and provides a variety of offerings including the required topics. The district regularly evaluates its Special Education programs, services and administration. Interview YES Document Review Interview The district has been able to reorganize space usage as a result of a decline in district wide student enrollment. 13 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified MOA Requirements 14 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) MOA 1 Identification of limited English proficient students Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Document Review Student Record Review The district uses appropriate assessments and qualified staff to determine English language proficiency. Interview MOA 3 General information and materials in languages other than English MOA 5 Placement and program modification for limited English students YES Document Review Interview YES Document Review Interview The district has on hand translated materials and a list of resource translators for a wide variety of languages. The district has evaluated its ELE program and has implemented a sheltered English instruction program. 15 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) MOA 21 Staff training regarding civil rights responsibilities MOA 23 Institutional Self -Evaluation Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified YES Document Review Interview YES Document Review Interview The district provides in-service training for all school personnel at least annually regarding civil rights responsibilities, including the prevention of discrimination and harassment on the basis of disability, race, color, sex, religion, national origin and sexual orientation and the appropriate methods for responding to it in the school setting. The district has put into place a comprehensive evaluation process to examine and remedy policies and programs 16 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting 17