Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 August 12, 2008 Dr. G. Paul Dulac, Superintendent Marblehead Public Schools 9 Widger Road Marblehead, MA 01945 Re: ’08 Mid-cycle Report Dear Superintendent Dulac: Enclosed is the Department of Elementary and Secondary Education's ’08 Mid-cycle Report. This report contains findings based on onsite monitoring the Department conducted to determine the effectiveness of corrective action it approved or ordered to address noncompliance identified in your district’s last Coordinated Program Review Report, dated September 7, 2005. The ’08 Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004. While the Department of Elementary and Secondary Education found your district to have resolved certain noncompliance issues, others were partially corrected. Where the district has failed to fully implement its Coordinated Program Review Corrective Action Plan, the Department views these findings to be serious. The Office of Special Education Programs of the U.S. Department of Elementary and Secondary Education requires that all special education noncompliance be corrected as soon as possible, but in no case later than one year from the time of identification; where the district has failed to implement its CPR Corrective Action Plan, this one-year period has long since passed. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. (In the case of new findings of noncompliance, this corrective action must be corrected 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 progress reporting. Please provide the Department with your written assurance that your district, within the timelines specified in the report, will implement all of the Department’s requirements for corrective action. You must submit your statement of assurance to me by September 5, 2008. Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like 1 clarification of any part of our report, please do not hesitate to contact me at 781-338-3731. Sincerely, Donna Feinberg, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Amy Drinker, Chairperson Robert Bellucci, District Program Review Follow-up Coordinator Encl.: ’08 Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Marblehead Public School District Date of Coordinated Program Review (CPR) Final Report: September 7, 2005 Date of this Mid-cycle Review Onsite Visit: July 16, 2008 Date of this Report: August 12, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 2 Required Assessments Student Records and Documentation The educational assessment and the assessment by a teacher are completed and documented in the student records for initial evaluations and reevaluations. SE 4 Reports of Partial Student Records The review of student records showed that assessment reports at Corrective Action Not Implemented or Not Effective or New Issues Identified Partial 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 The review of student records The district must provide a review of the state regulation Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Assessment Results the middle school level and the reports, written by related service providers, included educationally relevant findings and recommendations. Corrective Action Not Implemented or Not 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 showed that not all the educational achievement assessment reports contained educationally relevant findings and recommendation s at the elementary and high school level. 603 CMR 28.04(2)(c) for high school and elementary personnel who are responsible for conducting evaluations in the area of educational achievement of initial evaluations and reevaluations. Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 The district must conduct an administrative review of student records at the high school and elementary level regarding the inclusion of educationally relevant findings and recommendations in educational achievement assessment reports. The administrative review should include the number of records reviewed from each level and the number of records with appropriately completed assessments. Indicate the actions taken by the district to address any issues identified regarding the reporting of findings and recommendations. Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not 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 Submit the agenda and signed attendance sheet from the review of the regulation and the results of the administrative review of student records by December 15, 2008. SE 7 Age of Majority Student Records and Documentation The IEP Teams discuss the transfer of parental rights with students one year before their 18th birthday and document who has decision-making authority at the age of majority. SE 10 End of School Year Evaluations Student Records and Documentation The district provides the proposed IEP or finding of no eligibility to parents/ guardians within the mandated timeline. SE 29 Communications in English and primary language Documentation and Interview The district has procedures to provide translation assistance to parents/guardians who require translation assistance into a Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance language other than English. Building-based principals identify parents/guardians in need of translation assistance through the home language survey provided at the time of the student’s enrollment. Currently there are no parents/guardians in need of translation assistance. of the home SE 32 Parent Advisory Council Corrective Action Not Implemented or Not Effective or New Issues Identified Documentation and Interview The district has established a PAC. Documentation was submitted verifying the PAC meeting schedule and workshops, including the annual presentation of the basic rights of students and parents/guardians under the state and federal special education laws. Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 53 Use of Paraprofessionals Documentation and Interview The district provides annual training to paraprofessionals regarding their responsibilities in the provision of special education services. In addition, paraprofessionals are invited to participate in the professional development activities offered by the district. SE 56 Special Education Programs and Services Evaluated Documentation and Interview The district conducts annual evaluations of all its special education services and programs to determine the effectiveness of the programs for students with disabilities. Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Required Corrective Action, Timelines for Implementation, and Progress Reporting Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available b http://www.doe.mass.edu/sped/28MR/28m9.pdf scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 3 Special requirements for determination of specific learning disability Student Records The IEP Teams have implemented the requirements regarding the determination of students eligible for services based upon a specific learning disability. SE 6 ##1 - 3 Determinatio n of Transition Services Partial Student Records and Documentation and Interview The review of students’ IEPs showed that the vision statements were completed with student input and that the IEP Teams did discuss the student’s post-secondary goals. Students were invited and participated in IEP meetings. Criterion Partially Implemented or Not Implemented Partial Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting IEP Teams at the high school level are not using the mandated Transition Planning Form beginning at the latest when a student is 15 years old. The district must review the resource information regarding the Transition from School to Adult Life and the mandated Transition Planning Form with IEP Teams at the high school level, including guidance and regular education personnel. The Department has attached the following links for the above review: http://www.doe.mass.edu/sped/ 28MR/28m9.pdf and http://www.doe.mass.edu/sped/ links/transition.html The district must conduct an Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting administrative review of student records at the high school regarding the completion of the Transition Planning Form. The administrative review should include the number of records reviewed from each level and the number of records with completed Transition Planning Forms. Please indicate the actions by the district to address any issues identified regarding the completion of the Transition Planning Forms. Submit the results of the administrative review, agenda and signed sheet from the training and a narrative describing any additional actions taken if noncompliance was identified by December 15, 2008. SE 8 IEP Team composition and Partial Student Records, Documentation and Interview IEP Teams at the preschool, elementary and middle school levels included the required Team participants for annuals, Partial IEP Team meetings at the high school level did not always have regular education staff Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 The district must submit the following documentation: Procedures regarding regular Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented initial evaluation and reevaluation meetings. attendance Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting in attendance. education teacher participation at IEP Team meetings, including the personnel responsible for monitoring the required participation of the regular education teacher at the high school level. Administrative review of high school student records for initial evaluations, annual reviews, and reevaluations regarding required participation of the regular education teacher at the high school level. Indicate whether there was a regular education teacher in attendance and what type of meeting was conducted. Indicate any further steps taken by the district to address inconsistent regular education teacher participation. Please submit the progress report by December 15, 2008 SE 12 Frequency of Student Records The district conducts reevaluation meetings consistent Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Criterion Number and Topic Criterion Implemented Method(s) of Verification Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting The student records did not include a summary of academic achievement and functional performance for students who have graduated or have exceeded the age of eligibility. The district must conduct fall ’08 training with special education personnel at the high school who are responsible for the completion of the summary of academic achievement and functional performance. with the federal requirement and implements re-evaluation procedures when a student is suspected of no longer being eligible for special education and/or related services. re-evaluation SE 13 Progress Reports and content Basis of Determination that Criterion was Implemented Partial Student Records and Interview The district provides the parents/guardians with progress reports in accordance with the report card cycle. IEP progress reports responded to the annual IEP goals. Partial Please submit the training dates and agenda for the above high school personnel regarding the requirement to provide the summary of academic achievement and the procedures for the appropriate completion of the summary. Please provide the progress report by December 15, 2008 SE 14 Review and revision of Student Records The district conducts annual reviews on or before the anniversary date of the IEP for Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented students. IEP Amendments are used to make changes to students’ IEPs in between annual IEP meetings. IEPs SE 25B Resolution of disputes Interview The district conducts resolution meetings and develops agreements to resolve disputes, upon receipt of an official hearing request. SE 33 Involvement in the General Curriculum Student Records and Documentation IEP Teams consider and document participation in the general curriculum. The district is committed to full inclusion and integration of students with disabilities in the full range of academic, nonacademic and extracurricular courses and offerings. SE 39A Procedures for services to eligible private school students whose parents reside in the Documentation and Interview The district adheres to the required procedures to provide services to eligible students enrolled in private schools at private expense. Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state Documentation and Interview The district currently does not have eligible students in private schools whose parents reside out of state. SE 46 Procedures for suspension of students with disabilities more than 10 days Partial Student Records, Documentation and Interview The district’s student handbooks contain the required information in the code of conduct regarding the procedures to be implemented for discipline of students with disabilities under IDEA 2004 and Section 504. The required procedures are implemented for students with disabilities suspended more than 10 days. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Partial The review of student records showed that Teams at the middle and high school level are not always documenting the suspensions and the written determination of the Team based upon the review of information and the suspension incidents for manifestation determinations. The district must review with middle and high school staff the information to document regarding the suspension incidents and the Team’s written determination for manifestation determination meetings. district Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200 Submit evidence of training with middle and high school personnel regarding the documenting of the suspensions and the written determination for manifestation determination meetings. Include the agenda, signed attendance sheet and the Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting materials disseminated. If the district had the need to conduct manifestation determination meetings from October 2008-November 2008, Please conduct a review of all manifestation determination meetings and report the results to the Department. Please include the number of meetings and the number of meetings that the assembled teams documented their determinations. The progress report is due by December 15, 2008 SE 52 Appropriate certifications/ licenses or other credentials – related service providers Interview The district is knowledgeable of the steps to implement to secure an interpreter for students who are deaf or hard of hearing, when necessary and appropriate. Marblehead Public School District Coordinated Program Review ’08 Mid-cycle Report August 12, 200