Massachusetts Department of Elementary and Secondary Education

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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
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