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 November 14, 2007 Carlos Aponte, Director Lowell Community Charter School 206 Jackson St. Lowell, MA 01852 Re: ’06 Mid-cycle Coordinated Program Review Report Dear Mr. Aponte: Enclosed is the Department of Education's ’06 Mid-cycle Coordinated Program Review Report (Mid-Cycle Report). Due to an administrative error, the information from that review was never transmitted to the district. We regret the oversight and have adjusted all requested reporting as a result. 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 Lowell Community Charter School Coordinated Program Review Report issued on July 7, 2003. The ’06 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 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 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. You may also consult with staff in the Department’s Office of Language Acquisition and Achievement at 781338-3534 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 Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 1 of 17 school district within the timelines specified. Your statement of assurance must be submitted to the Mid-cycle Review Chairperson by November 30, 2007. 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 781338-3747. Sincerely, Joel Krakow, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Assistant Director Program Quality Assurance Services cc: Jeffrey Nellhaus, Acting Commissioner of Education Thel Sar, Charter School Board Chairperson Rhonda Page, District Program Review Follow-up Coordinator Encl.: Mid-cycle Coordinated Program Review Report Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 2 of 17 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT Lowell Community Charter School ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL NONCOMPLIANCE REQUIRING CORRECTIVE ACTION Date of Coordinated Program Review: May 2, 5-7, 2003 Date of Coordinated Program Review Corrective Action Plan Approval: November 10, 2003 Dates of Corrective Action Plan Progress Reports: 10/5, 10/29, 2004 Dates of this Mid-cycle Review Onsite Visit: March 7-8, 2006 Date of this Report: November 14, 2007 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Special Education Criteria Originally Cited in CPR Report and Monitored in Mid-cycle SE 1 Review of Review of records Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 3 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Assessments Student records and documentation demonstrated that students are assessed in all suspected areas of disability. SE 2 Optional Assessments Review of student records and documentation. Review of records demonstrated that the district is completing all required assessments. SE 9 Eligibility Determination Review of student records and documentation Review of records demonstrated that the district is making eligibility determinations within regulatory time requirements. SE 16 Screening Review of student records and documentation Review of records demonstrated that the district is completing required health screenings Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 4 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 18B Determination Of Placement SE 32 Parent Advisory Council Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Review of student records and documentation Review of records demonstrated that the district consistently develops the IEP within regulatory time requirements. Corrective Action Determined Not to have been Implemented or Not to have been 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 Review of documentation and staff interviews showed that although the charter school is continuing to develop its PAC, all regulatory requirements are not currently being met. Documentation that the PAC participates in the planning, implementation and evaluation of the charter school’s special Please submit documentation of the PAC’s bylaws, meeting agendas, participant lists and the annual parent’s rights training to the Department. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 5 of 17 Due date: March 14, 2008 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance education program was not provided. Also, there is no evidence that the charter school has provided, in conjunction with the PAC, the required parent rights training. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 6 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 45 Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Review of documentation, student records and staff interviews. Review of documentation demonstrated that the student handbook contains notice pertaining to procedural protections for students with disabilities. Review of documentation and staff interviews. Review of documentation showed that procedural protections are in place for students not yet determined eligible for special education. Suspension SE 47 Students Not Yet Eligible SE 51 Teacher Certification Corrective Action Determined Not to have been Implemented or Not to have been 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 Review of documentation and interviews demonstrated that not all staff currently hold appropriate certifications and/or waivers. Please submit copies of all staff certifications and/or waivers to the Department by March 14, 2008. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 7 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 53 Paraprofessionals Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Review of documentation and staff interviews. Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Review of documentation and interviews showed that the charter school does not use paraprofessionals. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 8 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 54 Professional Development Review of student records and documentation Review of documentation demonstrated that the charter school meets regulatory professional development requirements. SE 55 Facilities Onsite tour of facilities Onsite tour of facilities showed that facilities for special education students are comparable to those for regular education students. SE 56 Evaluation of Services and Programs Corrective Action Determined Not to have been Implemented or Not to have been 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 Review of documentation and interviews. Review of documentation and interviews showed that the charter school has not yet conducted an evaluation of its special education programs and services. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 9 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been 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 Please submit the plan to meet this criterion to the Department by March 14, 2008. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Special Education Criteria created or revised in response to IDEA-2004 Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 10 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting SE 6 Determination of Transition Services SE 8 IEP Team composition and attendance Review of student records, documentation and interviews Review of student records and interviews demonstrated that the requirements for team composition and attendance are being met. SE 12 Frequency of re-evaluation Review of student records, documentation and interviews. Review of student records and interviews demonstrated that evaluations are completed at least every three years. SE 13 Progress Reports and content Record and documentation review Review of student records demonstrated that progress reports include what students have achieved and how their progress relates to the benchmarks and IEP goals. SE 14 Review and revision of IEPs Record and documentation review Review of student records demonstrated that IEPs are reviewed annually. The charter school only serves students in grades K-8 Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 11 of 17 SE 25B Resolution of disputes Review of documentation and staff interviews Staff interviews indicated that the charter school has not needed to conduct any resolution meetings but it is prepared, if necessary, to participate in the resolution meeting process prior to proceeding to the BSEA . SE 30 Notice of procedural safeguards Review of documentation and student records Written statements signed by parents demonstrating that parents had received a copy of the Notice of Procedural Safeguards were contained in the student records. Review of documentation, student records and staff interviews. Although interviews indicated that the charter school has not suspended any students with disabilities for more than ten days, regulatory policies are in place. SE 46 Procedures for suspension of students with disabilities more than 10 days Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 12 of 17 Lowell Community Charter School English Learner Education (ELE) Requirements Mid-Cycle Review Comments and Corrective Action Based on the Department’s Review Of Local Self-Assessments (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 ELE 1 Annual Assessment Comments Based on the Department’s Review of Local ELE Self-Assessment The charter school is conducting required MEPA and MELAO assessments. ELE 2 MCAS Participation English Language Learners participate in MCAS. ELE 3 Initial Identification The charter school appropriately conducts a home language survey. ELE 4 Waiver Procedures Required Corrective Action, Timelines for Implementation, and Progress Reporting The charter school has not yet developed and documented appropriate waiver procedures. The charter school will develop waiver procedures consistent with the requirements of M.G.L/ c. 71A s5. To be submitted to the Department by March 14, 2008. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 13 of 17 ELE Criterion Number and Topic Comments Based on the Department’s Review of Local ELE Self-Assessment ELE 5 Program Placement and Structure The charter provided a description of its ELE program, including evidence of teacher licensure and professional development for ELE teachers. ELE 6 Program Exit and Readiness The charter school provided a description of its implementation practices. Required Corrective Action, Timelines for Implementation, and Progress Reporting ELE 7 Parent Involvement The charter school is in the developmental process of organizing workshops for parents. The charter school will submit documentation of its implementation practices, and documentation of school council and parent advisory council memberships, identifying how it involves parents of English Language Learners in matters pertaining to their children’s education. To be submitted to the Department by March 14, 2008. ELE 8 Declining Entry to a Program The charter school did not provide a description of its implementation practices. The charter school will provide the Department with a description of its implementation practices that includes the following: 1) A description of how the charter school provides English language support to students whose parent(s) has declined entry into an SEI or other ELE program, 2) how the charter school addresses a student’s needs if a student who has “opted out” is not progressing, 3) how the charter school ensures these students have access to the general curriculum. To be submitted to the Department by March 14, 2008. ELE 9 Instructional Grouping The charter school provided a description of its implementation practices pertaining to groups of students of different ages. All LEP students receive effective content Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 14 of 17 ELE Criterion Number and Topic Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting instruction at appropriate academic levels based on the Massachusetts curriculum frameworks. ELE 10 Parental Notification The district provided documentation that it appropriately provides written notifications to parents. ELE 11 Equal Access to Academic Programs and Services The charter school provided documentation showing that Limited English Proficient students have access to all program areas, including Special Education services. ELE 12 Equal Access to Nonacademic and Extracurricular Programs The charter school provided documentation that LEP students have equal access to access to nonacademic programs and extracurricular activities. ELE 13 Follow-up Support ELE 14 Licensure and The charter school provided a description of its implementation practices. Review of documentation and interviews showed that not all of the charter school’s ELE staff are appropriately certified. The charter school will submit documentation that all ELE staff are appropriately certified or hold waivers issued by the Department. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 15 of 17 ELE Criterion Number and Topic Fluency Requirements ELE 15 Professional Development Requirements ELE 16 Equitable Facilities (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.) Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting To be submitted by March 14, 2008. The charter school provided documentation that it provides ongoing professional training activities for its staff. Facility observations indicated that LEP students are provided facilities, materials and services comparable to those provided to the overall student population. Review of documentation and interviews indicated that the charter school has not yet developed program evaluation procedures. The charter school will develop a plan for evaluating its ELE program. The plan and evaluation activities need to be submitted to the Department. Due date: March 14, 2008. Review of documents showed that the charter school maintains its ELE records in accordance with regulatory requirements. Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 16 of 17 Mid-cycle Report Format 2006.doc Rev. 3/31/06 Lowell Community Charter School Coordinated Program Review Mid-cycle Report November 14, 2007 Page 17 of 17