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 March 8, 2012 Kathy Egmont, Head of School Lowell Community Charter Public School 206 Jackson Street Lowell, MA 01852 Re: Mid-cycle Report Dear Ms. Egmont: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district on January 12, 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 observations. 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 March 23, 2012. 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 781338-3730. 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 Carol Kierstead, Lowell Community Charter Public School Board Chair Jennifer Holbrook, Special Education Administrator, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Lowell Community Charter Public School Date of the Mid-cycle Review Onsite: January 12, 2012 Date of this Report: March 8, 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 SE 7 Transfer of parental rights at age of majority and student participation and consent at age of majority Criterion Implemented Not Applicable 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 Lowell Community Charter Public School (LCCPS) is a grade K -6 charter school and therefore, this criterion is not applicable. Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 1 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion SE8 IEP Team composition and attendance Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and interviews with staff members showed that the charter school maintains procedures consistent with the requirements for Team attendance at each IEP meeting. Team chairs implement the excusal process that includes parental agreement and a written report from the absent required Team member. Student records also showed that at all IEP team meetings, including annual review meetings, a representative of the charter school is present who has the authority to commit resources. SE 18 A IEP development and content Student Records Staff Interviews Interviews with staff members and a review of student records showed that the Team develops IEPs that address the skills and proficiencies needed to avoid Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 2 of 13 (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 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation and respond to bullying, harassment, or teasing whenever the IEP Team evaluation indicates that a student’s disability affects social skills development, or when the student’s disability makes him/her vulnerable to bullying, harassment, or teasing. Document review, staff interviews and review of student records also showed that the IEP Team considers and specifically addresses the skills and proficiencies needed to avoid and respond to bullying for students identified with a disability on the autism spectrum. SE 25 Parental consent Student Records Staff A review of student records demonstrated that the charter school obtains written parental consent before conducting an Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 3 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Document Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation initial evaluation, before conducting a re-evaluation, and before initiating extended evaluation services. The charter school obtains consent to the services proposed on a student’s IEP before providing such services. Interviews with staff members and a review of documentation also demonstrated that the charter school has procedures in place to address when a parent revokes consent to special education services in writing. Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 4 of 13 (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 1 Assessments are appropriately selected and interpreted for students referred for evaluation Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Document Review Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records, interviews with staff members and documentation review demonstrated that the charter school appropriately selects, provides and administers tests and other evaluation materials in the language and form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally. Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 5 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion SE 4 Reports of assessment results SE 9 Timeline for determination of eligibility and provision of documentation Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Staff Interviews Student Records Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records and interviews with staff members indicated that assessment results summarized in writing the procedures they employed, the results, the diagnostic impressions and defined in detail and in educationally relevant and common terms, the student’s needs and offered explicit means of meeting them. A review of student records and interviews with staff members demonstrated that the charter school has established an Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 6 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation to parent SE 13 Progress Reports and content Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation oversight and tracking system, consistently meeting the 45 school working days timeline after receipt of the parent’s written consent to an initial evaluation or reevaluation and makes its determination of eligibility and provision of documentation to the parent. Student Records Staff Interviews A review of student records and interviews with staff members indicated that parents of special education students at the charter school receive progress reports toward reaching IEP goals as Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 7 of 13 (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 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation often as parents of non-disabled students as the result of its established administrative oversight and tracking system. SE 14 Review and revision of IEPs Student Records Staff Interviews Interviews with staff members and review of student records indicated that, at least annually, on or before the anniversary date of the IEP, a Team meeting is held to consider the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation, as appropriate. Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 8 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion SE 20 Least restrictive program selected Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Document Review Staff Interviews SE 22 IEP implementation Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records, staff interviews and documentation review demonstrated that when a student is removed from the general education classroom at any time, the Team at LCCPS states in the IEP why the removal is critical to the student’s program and the basis for its conclusion that education of the student in a less restrictive environment could not be achieved satisfactorily. A review of student records, interviews with staff members Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 9 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented and availability Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation and documentation review indicated that mutually agreed upon Occupational Therapy services are being provided at LCCPS without delay. A review of student records showed that at the beginning of the school year, the charter school has IEPs in effect for each eligible student within its jurisdiction. SE 24 Notice to parent regarding proposal or refusal to initiate or change the Student Records Staff Interviews Interviews with staff members and review of student records indicated that when a student is referred for an evaluation to determine eligibility, the charter school consistently sends Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 10 of 13 (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 identification, evaluation, or educational placement of the student or the provision of FAPE written notice to the student’s parent(s) within five school days of receipt of the referral, along with the district’s notice of procedural safeguards. The written notice meets all the content requirements set forth in M.G.L.c.71B, sec. 3 and in federal law. SE 27 Content of Team meeting notice to parents Review of student records and staff interviews demonstrated that the parent notice of any Team meeting states the purpose, time, and location of the meeting as well as who will be in attendance. Student Records Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 11 of 13 (b) Progress Report Due Date(s) and Required Elements Criterion SE 32 Parent advisory council for special education Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Document Review Staff Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of documentation and interviews with staff members indicated that although LCCPS has established a school wide Parent Advisory Board, which is open to all parents and other interested parties and meets regularly with school officials to participate in planning, development and evaluation, the charter school has not established a special education parent advisory council (SEPAC). LCCPS must establish and maintain a parent advisory council for special education (SEPAC) with established by-laws regarding officers and operational procedures. The SEPACs duties should include but are not limited to: advising the charter school on matters that pertain to the education and safety of students with disabilities; meeting regularly with school officials to participate in the planning, development, and evaluation of the school’s special education program. Please see http://www.doe.mass.edu/sped/pac/ advisory.html for additional guidance. Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 12 of 13 (b) Progress Report Due Date(s) and Required Elements Provide a narrative description and supporting documentation of the charter schools efforts to establish a LCCPS SEPAC. Documentation of these efforts may include but not be limited to parent surveys, meeting flyers and electronic outreach such as web site postings/email. Please be sure to also include a copy of the SEPAC by-laws, evidence of LCCPS SEPAC meetings and the names of the 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 (b) Progress Report Due Date(s) and Required Elements elected officers. Please submit by June 29, 2012. SE 48 Equal opportunity to participate in educational, non-academic, extracurricular and ancillary programs, as well as participation in regular education Document Review Staff Interviews Observations Observations, staff interviews and documentation review showed that Adaptive Physical Education is discussed at IEP meetings. The charter school has two locations designated where such services would be provided. There is currently no student enrolled requiring adaptive physical education. Lowell Community Charter Public School Coordinated Program Review Mid-cycle Report March 8, 2012 Page 13 of 13 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW Lowell Community Charter Public School 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