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 June 9, 2010 Margaret McDevitt, Executive Director Lowell Middlesex Academy Charter School 67 Middle St. Lowell, MA 01852 Re: Mid-cycle Report Dear Executive Director McDevitt: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the Mid-cycle Review conducted in your district in March 2010. In this 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: staff interviews, review of student records, examination of documentation, and/or classroom observation. The Department found one or more of the criteria monitored in your district to be “Partially Implemented” or “Not Implemented.” In all instances where noncompliance has been 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 June 25, 2010. 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 Paul J. Aguiar at (781) 338-3781. Sincerely, Paul J. Aguiar, 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 Ahern, Supervisor, Program Quality Assurance Services Carol Cowan, President, Board of Trustees LMACS Patricia Harding, Special Education Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Lowell Middlesex Academy Charter School Dates of the Mid-cycle Review Onsite: March 18 & 19, 2010 Date of this Report: June 9, 2010 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) SE 3 Determination of specific learning disability PI Method(s) of Investigation Basis of Determination about Criterion Interviews, Student Records Student records and staff interviews indicated that when the district identified a student as having a specific learning disability, the IEP Team did not always create a written determination as to whether the student has a specific learning disability, which was subsequently signed by all members of the IEP Team. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please provide appropriate staff with training on the implementation of the Specific Learning Disability (SLD) determination process and forms consistent with the requirements of this criterion. In addition, after the completion of the staff training, the district must conduct internal monitoring of a sample of student records to determine that the district is compliant with the requirements of this criterion. Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 1 of 9 (b) Progress Report Due Date(s) and Required Elements Please submit a copy of the agenda and sign-in sheets for the training by September 20, 2010. Please conduct a review of student records for those students identified as SLD, subsequent to the training, to ensure 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 * 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 review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 52A Registration of educational interpreters Documents, Interviews The district provided a statement of assurance that there are no students currently enrolled who would require an interpreter; however, should such students enroll, the district will employ an educational interpreter registered with the Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 2 of 9 (b) Progress Report Due Date(s) and Required Elements the completion of the written certification by the IEP Team. Please submit the results to include the number of records reviewed, the name and role of the reviewer, the number of records found to be compliant, the root cause of any identified noncompliance and any additional steps taken to address continued noncompliance. This progress report is due December 20, 2010. 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 Massachusetts Commission for the Deaf and Hard of Hearing. 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 Criterio n Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) SE 2 Required and Optional Assessments PI 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 Student Records, Interviews Student records and staff interviews indicated that not all required assessments are completed during re-evaluations; particularly evaluations for identifying students as having an emotional disability. Please provide appropriate staff with training on the required assessments necessary to determine a student’s disability (ies) as part of a student’s reevaluation. Please submit a copy of the agenda, the name and role of the presenter and the sign-in sheets for the training by September 20, 2010. In addition, after the completion of the staff training, the district must conduct internal monitoring of a sample of student records to determine that the district is compliant with the requirements of this criterion. * Please note when conducting internal monitoring that district must maintain the following Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 3 of 9 Please submit the results of an administrative review for required assessments in the area of suspected disability (ies) from a sample of re- Criterion Criterio n 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 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). evaluations conducted after the training. The results should include the number of records reviewed, the name and role of the reviewer, the number of records found to be compliant, the root cause of any identified noncompliance and any additional steps taken to address continued noncompliance. This progress report is due December 20, 2010. SE 9A Elements of Eligibility Determination Documents, Student Records & Interviews Documents, student records, and staff interviews indicated that upon admission, students are evaluated if materials from their previous school district are not available. IEP Teams are convened to develop a new plan. Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 4 of 9 Criterion Criterio n Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) SE 13 Progress Reports and Content SE 14 Review and Revision of IEPs PI Method(s) of Investigation Basis of Determination about Criterion Student Records, Interviews Student records and staff interviews indicated that the district adopted policies and implemented procedures to assure progress reports toward meeting the goals set in the IEP are completed, sent to parents and kept within the student records. Documents, Student Records & Interviews Student records indicated that the IEP Team does not always meet annually on or before the anniversary date of the IEP. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements The district must develop a tracking system to ensure key personnel are responsible for the timely completion of the review and revision of IEPs. Please submit a narrative description of the tracking system and a copy of the agenda and sign-in sheets for the staff training on its use by September 20, 2010. The district must conduct internal monitoring of student records to determine that the district is compliant with the requirements of this criterion. 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 review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 5 of 9 Please submit the results of an administrative review of a sample of student records for those students requiring annual reviews post-training. Indicate the number of records Criterion Criterio n 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 reviewed, the name and role of the reviewer, the number found to be compliant, the root cause of any continued noncompliance, and the additional actions taken to address areas of concern by December 20, 2010. SE 18A IEP Development and Content SE 20 Least restrictive program selected Student Records, Interviews Student records and staff interviews indicated that the district adopted policies and implemented procedures to assure that the IEPs are developed that reflect the specialized instruction provided to the student. Documents, Student Records & Interviews Documents, student records and interviews indicated that the district adopted policies and implemented procedures to assure the IEP Team considers the individual needs of the student to ensure the least restrictive environment. Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 6 of 9 Criterion Criterio n Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) SE 22 IEP Implementation and Availability PI 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 Student Records, Interviews Student record reviews and staff interviews indicated that upon entry into the charter school, students with IEPs from other school districts are not always provided with either the direct services, the quantity of those services or the placement from the IEP of the previous school district, especially for those students that require a substantially separate placement. Please conduct an administrative review of IEPs for students who entered the charter school in this school year to ensure program implementation consistent with the services and placement specified on the last consented to IEP. If the school identifies any IEPs from previous districts which remained unchanged upon entry and which the school has not fully implemented, the district must notify parents consistent with the state requirements under 603 CMR 28.06(2)(d)(2). Please provide evidence of the administrative review of IEPs and if necessary, copies of the notification to parents regarding the alternative means of implementing the IEPs and any plan or provision of compensatory services to the identified students. Please develop an internal monitoring system to ensure upon entry into the charter school that students requiring substantially separate placements are placed appropriately and receive their required services. The district must conduct internal monitoring of high school level student records to determine that the district is compliant with the requirements of this criterion. Please note when conducting internal monitoring that district must maintain the following Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 7 of 9 Please provide a narrative description of the revised internal monitoring system that ensures that students in substantially separate placements receive all specially designed instruction and related services according to the specific Criterion SE 29 Communication -s are in English and primary language of home Criterio n Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) SE 32 Parent advisory council for special education SE 34 Continuum of Alternative Services PI Method(s) of Investigation Basis of Determination about Criterion Documents, Student Records & Interviews Documents, student records, and interviews indicated that the charter school has a process in place to make sure that interpreters communicating with parents in languages other than English are familiar with special education procedures, programs and services. Documents, Interviews Documents and interviews indicated that the charter school has developed its special education advisory council and all regulatory requirements regarding the PAC are now being met. Documents, Student Records & Interviews Documents, student records, and interviews indicate that the school does not provide a full continuum of services when students enter the charter school with IEPs that require substantially separate placements. (See SE 22). If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements 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). requirements of the student’s IEP by September 20, 2010. See SE 22. See SE 22. Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 8 of 9 Criterion Criterio n Implemented Method(s) of Investigation Basis of Determination about Criterion Documents, Student Records & Interviews Documents, student records and interviews indicate that the charter school provides physical education to all students. Documents, Interviews Documents and interviews indicated that licensed special education teachers are designing student instruction. Documents, Interviews Documents and interviews indicate that the district has recently evaluated their special education programs and services. Documents, Student Records & Interviews Documents, student records and interviews confirmed that the charter school promptly obtains student records from the sending Local Education Agencies (LEA). SE 48 Equal Opportunity to Participate in Educational, Nonacademic, Extracurricular and Ancillary Programs, as well as Participation in Regular Education SE 51 Teacher Certification SE 56 Special Education Programs and Services are Evaluated SE 59 Transfer of Student Records Criterion Partially Implemented (PI) or Not Implemented (NI) If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Lowell Middlesex Academy Charter School Coordinated Program Review Mid-cycle Report June 9, 2010 Page 9 of 9 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Lowell Middlesex Academy Charter 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