Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 30, 2010 James Weiss, Superintendent Martha’s Vineyard Public Schools 4 Pine Street, RR2 Box 261 Vineyard Haven, MA 02568 Re: Mid-cycle Report Dear Superintendent Weiss: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the Mid-cycle Review conducted in your district in May 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 August 16, 2010. Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have 1 questions about this letter or the enclosed report, please do not hesitate to contact Nancy Hicks at (781) 338-3714. Sincerely, Nancy Hicks, 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 Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Marshall Segall, Up-Island School Committee Chairperson Susan Mercier, Edgartown School Committee Chairperson and Martha’s Vineyard Regional High School Committee Chairperson Priscilla Sylvia, Oak Bluffs School Committee Chairperson Robert Tankard, Tisbury School Committee Chairperson Daniel Cabot, All Island School Committee Chairperson Daniel Seklecki, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Martha’s Vineyard School District Dates of the Mid-cycle Review Onsite: May 19 - 20, 2010 Date of this Report: July 30, 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 SE 3 Special requirements for the determination of a specific learning disability Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interview Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation All schools in the district demonstrated that the Team creates a written determination when a student is found eligible for special education based on a specific learning disability. The determination was signed by all members of the Team in each record reviewed. Procedures are in place ensuring that if there is Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 1 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 52A Registration of educational interpreters Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interview Documentation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation a disagreement as to the determination, one or more Team members would document their disagreement. Providers of interpreting services for students who are deaf or hard of hearing are registered with the Massachusetts Commission for the Deaf and Hard of Hearing. Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 2 of 17 (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 2 Required and optional assessments Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion PI Student Records The required educational assessment by a representative of the school district, including a history of the student’s educational progress in the general curriculum (Educational Assessment A and B), was not completed for all eligibility determinations for students in the district. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Train appropriate staff on completing all of the required information on Educational Assessments A and B for all eligibility determinations. Develop an internal oversight and tracking system to ensure that Educational Assessment A and B are completed. Subsequent to the training and the implementation of the tracking system, develop a report of the results of an internal review of student records regarding the Educational Assessments. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 3 of 17 (b) Progress Report Due Date(s) and Required Elements Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for staff training on the requirements for completing the Educational Assessment A and B. Also submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by 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 a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 4 of 17 (b) Progress Report Due Date(s) and Required Elements November 15, 2010. Submit a report of the results of an internal review of records in which the assessments were completed after the training. Include the following: Number of records reviewed; Number of records that included Educational Assessments A and B; Description of the root causes for any noncompliance found; and Specific actions taken by the district 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 to remedy any noncompliance. Submit this report by March 15, 2011. SE 6 Student Records Determination of transition services SE 8 IEP Team composition and attendance PI Student Records Interviews The vision statements on IEPs beginning at age 14 include students’ preferences and interests and include desired outcomes in adult living, post secondary education and working environment. When a student may be involved in a general education program, general educators were in attendance at IEP Team meetings at all schools except Martha’s Vineyard Regional High School. When there was no general education teacher at the Team meeting at the high school, there was no indication that the district and parent agreed that the member’s attendance was not necessary or consented to the member’s absence, the parent’s agreement or consent Train appropriate staff at the high school on the requirement to have a general education teacher at the Team meeting when a student is or may be involved in a general education program. Indicate the appropriate excusal procedures to follow when a Team member is absent, which include the school district and parent agreeing that the member’s attendance is not necessary or consent to the member’s excusal, the parent’s agreement or consent must be in writing and the absent Team member Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 5 of 17 Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for the high school staff training on the requirements to have a regular education teacher at the Team meeting and appropriate excusal Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion was not in writing, and there was no indication that the absent member submitted in writing input related to the IEP’s development. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation submits in writing input related to the IEP’s development. Develop an internal oversight and tracking system to ensure that a general education teacher attends the Team meeting and that appropriate excusal procedures are followed for absent Team members. Subsequent to the staff training and implementation of the tracking system, develop a report of the results of an internal review of student records regarding Team meeting attendance at the high school. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 6 of 17 (b) Progress Report Due Date(s) and Required Elements procedures. Also submit a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by November 15, 2010. Submit a report of the results of the internal review of records at the high school in which the Team meeting occurred after the training. Include the following: Number of records reviewed in which a 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 with their role(s) and signature(s). Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 7 of 17 (b) Progress Report Due Date(s) and Required Elements student is or may be involved in a general education program; Number of records that included a general education teacher at the Team meeting or appropriate documentation of excusal procedures; Description of the root causes for any noncompliance found; and Specific actions taken by the district to remedy any noncompliance. Criterion SE 9 Timeline for determination of eligibility and provision of documentation to parent Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Records Interviews Basis of Determination about Criterion Timelines to determine eligibility were met for students attending all schools except Martha’s Vineyard Regional High School. At the high school, the testing was completed within 30 school working days of receipt of consent from the parent. The Team did not always meet, however, to determine whether the student is eligible for special education within 45 school working days. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Develop an internal oversight and tracking system at the high school to ensure that the Team meets to determine whether the student is eligible for special education within 45 school working days of receipt of the parent’s written consent to an evaluation. After the implementation of the tracking system, develop a report of the results of an internal review of records at the high school level for evidence of compliance with the 45 day timeline upon district receipt of consent. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 8 of 17 (b) Progress Report Due Date(s) and Required Elements Submit this report by March 15, 2011. Submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by November 15, 2010. Submit a report of the results of an internal review of records at the high school for evaluations conducted since the tracking system was implemented. Include the following: 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 reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). SE 12 Frequency of reevaluation PI Student Records Interviews Evaluations are not always conducted every three years for students attending Edgartown School and West Tisbury School. At Martha’s Train appropriate staff at Edgartown School, West Tisbury School and Martha’s Vineyard Regional High School on the requirement to conduct Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 9 of 17 (b) Progress Report Due Date(s) and Required Elements Number of records reviewed; Number of records that met timeline requirements for determination of eligibility; Description of the root causes for any noncompliance found; Specific actions taken by the district to remedy any noncompliance. Submit this report by March 15, 2011. Provide an agenda, signed attendance sheets (indicating role Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Vineyard Regional High School, three year reevaluations are often postponed to make current evaluations available for students attending college. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation re-evaluations every three years unless the parent and district agree that it is unnecessary. Develop an internal oversight and tracking system to ensure that re-evaluations are conducted every three years. Subsequent to the staff training and implementation of the tracking system, develop a report of the results of an internal review of student records where re-evaluations were completed since the training. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 10 of 17 (b) Progress Report Due Date(s) and Required Elements of staff) and training materials for staff training on the requirement to conduct a reevaluation every three years unless the parent and district agree that it is unnecessary. Also submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by November 15, 2010. Submit a report of the results of the internal review of records at 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 Edgartown School, West Tisbury School and Martha’s Vineyard Regional High School where a re-evaluation was due after the training. Include the following: Number of records reviewed; Number of records in which a reevaluation was conducted every three years; Description of the root causes for any noncompliance found; and Specific actions taken Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 11 of 17 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 by the district to remedy any noncompliance. Submit this report by March 15, 2011. SE 18A Student Records Student Records IEP development and content SE 18B Determination of placement; provision of IEP to parent SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the PI Student Records Teams complete all areas of the most current IEP format, including the Present Levels of Educational Performance A and B. Immediately following the development of the IEP, the district provides the parent with the proposed IEP and proposed placement, along with the required notice. Edgartown Elementary School and Up-Island Regional Schools do not consistently complete the Notice of Proposed School District Action (N1 form). Although the schools provide the N1 form to parents, the schools do not respond to the six questions on page 2 of the form, consistent with federal Train appropriate staff at Edgartown Elementary School and Up-Island Regional Schools on providing all of the required information on page 2 of the N1 form when proposing an IEP or extended evaluation. Develop an internal oversight and tracking system to ensure that all questions on page 2 of Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 12 of 17 Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for staff training on the requirements for completing Criterion provision of FAPE Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion requirements, when an IEP or extended evaluation is proposed. N1 forms at all other schools are appropriately completed. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation the N1 form are addressed. Subsequent to the training and implementation of the tracking system, develop a report of the results of an internal review of student records regarding the appropriate completion of the N1 form. *Please note when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 13 of 17 (b) Progress Report Due Date(s) and Required Elements the N1 form. Also submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by November 15, 2010. Submit a report of the results of an internal review of records from the Edgartown Elementary School and the Up-Island Regional Schools in which an N1 form was developed after the training. Include 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 following: Number of records reviewed; Number of records that included appropriate completion of the N1 form; Description of the root causes for any noncompliance found; and Specific actions taken by the district to remedy any noncompliance. Submit this report by March 15, 2011. SE 25 Student Records Parental consent Interviews The school district obtains written parental consent to the services proposed on a student’s IEP before providing such services. Parental Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 14 of 17 Criterion SE 32 Criterion Implemented Procedures for approved and unapproved out-ofdistrict placements Method(s) of Investigation Interviews Documentation Parent advisory council for special education SE 37 Criterion Partially Implemented (PI) or Not Implemented (NI) Student Records Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation consents for evaluations were signed in all student records, and consents for IEPs and evaluations are received in a timely manner. The special education parent advisory council (PAC), in cooperation with the district, has held a workshop this year on parent and student rights. A representative of the PAC meets with the district to advise the district on matters that pertain to the education and safety of students with disabilities and to participate in the planning, development and evaluation of the school district’s special education programs. The district monitors the provision of services to and the programs of individual students placed in out-ofdistrict programs. Completed monitoring forms were included in the student records. Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 15 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 51 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Appropriate special education teacher licensure Documentation SE 55 PI Special education facilities and classrooms Observations Interviews 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 All staff who design and/or provide direct special education services are appropriately licensed. Rooms used for special education services at the Oak Bluffs Elementary School and Martha’s Vineyard Regional High School are at least equal in physical respects to the standards of general education facilities and maximize the inclusion of eligible students into the life of the school. At the Tisbury School there is one room used for special education services for students in grades K-4 that is a small space for the number of students served; this classroom is shared by two teachers. At times, when both teachers are scheduled to work with groups in the classroom, one teacher is required to move the group to another location due to the size and distractibility. Additionally, Develop a plan to ensure that special education students in grades K-4 at the Tisbury School receive services in a setting that is at least equal in all physical respects to the average standards of general education facilities and classrooms. The space should minimize the separation of eligible students and maximize their inclusion into the life of the school. Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 16 of 17 Submit the plan to ensure that eligible students in grades K-4 at the Tisbury School receive services in a setting that is at least equal in all physical respects to the average standards of general education facilities and classrooms. Submit this information by November 15, 2010. This criterion is subject to onsite verification. 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 some students are in the classroom for up to 2.5 hours per day and the location of the classroom does not maximize inclusion of the students into the life of the school, as this classroom is apart from other classes. Martha’s Vineyard School District Coordinated Program Review Mid-cycle Report July 30, 2010 Page 17 of 17 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Martha’s Vineyard School District 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