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 February 28, 2012 Ann Bradshaw, Superintendent Mashpee Public School District 150-A Old Barnstable Road Mashpee, MA 02649 Re: Mid-cycle Report Dear Superintendent Bradshaw: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in February 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 observation(s). 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 16, 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 Coretta McCarter at 781-338-3733. Sincerely, Coretta McCarter, 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 Kathy Stanley, School Committee Chairperson Michele Brady, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 1 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Mashpee Public School District Dates of the Mid-cycle Review Onsite: February 15-16, 2012 Date of this Report: February 28, 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 and student participation and consent at age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation One year prior to the student reaching age 18, the district informs the student and the parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday. The notification provided to both the student and the parent/guardian states that all rights accorded to parents under special education Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 1 of 17 (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 (b) Progress Report Due Date(s) and Required Elements law will transfer to the 18 year old student. PI Student Records Interviews SE 8 IEP Team composition and attendance Upon reaching the age of 18, the district is consistently implementing procedures to obtain consent from the student to continue the student’s special education program. The district is providing the IEP and the Notice of Proposed School District Action (N1) to the student as appropriate. IEP Team meetings include a representative with the authority to commit resources from the district. General education teachers from the middle school attend the Team meeting if the student is or may be involved in a general education program. If parents are unable to attend, the district documents all efforts to have parents participate. There is not always a general education teacher from the high school in attendance at the Team meeting if the student is or may be involved in a general education program. When a required member of the Team does not attend the Develop procedures for ensuring the participation of the student’s general education teacher at the high school, if the student is or may be involved in a general education program. In these procedures indicate the requirement to include the Special Education Team Meeting Attendance Sheet (N3A) in the student record. Also develop appropriate procedures for excusing a required Team member from the IEP Team meeting. These procedures must indicate that to excuse a required Team member: 1. The parent and district must agree, in writing, that the attendance of the Team member Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 2 of 17 Provide a copy of the procedures and evidence of staff training, including an agenda and signed attendance sheets (indicating role of staff). Submit a description of the oversight and tracking system and identify the person(s) Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion IEP Team meeting, the district is not following appropriate procedures to excuse the required Team member. In addition, not all student records reviewed contained a Special Education Team Meeting Attendance Sheet (N3A) for the IEP Team Meeting. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or 2. The district and parent agree, in writing, to excuse a required Team member’s participation and the excused member provides written input into the development of the IEP to the parent and the IEP Team prior to the meeting. Train appropriate staff on these procedures. Develop an internal oversight and tracking system for ensuring the following: 1) The required Team members attend the IEP Team meeting; 2) Appropriate excusal procedures are followed if a required Team member is unable to attend the IEP Team meeting; and 3) The Attendance Sheet, signed by all members at the meeting, is in the student record. The tracking system should include supervisory oversight and periodic reviews by the Special Education Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 3 of 17 (b) Progress Report Due Date(s) and Required Elements responsible for the oversight. Submit this information by May 18, 2012. Submit a report of the results of an internal review of records and include the following: Number of records reviewed; Number of records in which a general education teacher attended the Team meeting, as appropriate; Number of records in which appropriate 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 Director to ensure ongoing compliance. Develop a report of the results of an internal review of student records in which Team meetings were held since implementation of all of the district’s corrective actions for evidence of compliance with IEP Team composition and attendance, excusal procedures, and inclusion of the Team Meeting Attendance Sheet. *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). Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 4 of 17 excusal procedures were followed when a required Team member did not attend the IEP Team meeting; Number of records that included a completed Special Education Team Meeting Attendance Sheet (N3A); Results of the root cause analysis of any records not in compliance; 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 Specific actions taken by the district to remedy any noncompliance. Submit this report by October 19, 2012. Student Records The Present Levels of Educational Performance (PLEP) B: Other Educational Needs section of the IEP is completed as appropriate. Interviews SE 18A IEP development and content IEP Teams consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing when a student is identified with a disability that affects social skills development, when the disability makes him or her vulnerable to bullying, harassment, or teasing, or when the student is identified with a disability on the autism spectrum. Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 5 of 17 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews SE 25 Parental consent Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation When a parent revokes consent, in writing, to special education services, the district provides written notice to the parent of the district’s proposal to discontinue services based on the revocation of consent, as well as information on how the parent can obtain a copy of his/her right to procedural safeguards. The district provides notice within a reasonable time before it intends to discontinue services. District staff were aware that they may not use mediation or request a due process hearing to obtain agreement or a ruling for continuation of services. Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 6 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 SE 4 Reports of assessment results Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records PI Student Records Basis of Determination about Criterion The district conducts assessments in all areas related to the suspected disability. Educational assessments are also being completed by a representative of the school district, including a history of the student’s educational progress in the general curriculum. For children assessed at age three, the district conducts an observation of the child. Reports of assessment results do not consistently define in detail and in educationally relevant and common terms, the student's needs, offering explicit means of meeting those needs. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Identify the staff responsible for writing reports of assessment results and provide training to these staff members on the required content. Develop an internal oversight and tracking system to ensure that reports of assessment results include the required information pertaining to the student’s needs. The tracking system should include supervisory oversight and periodic reviews by the Special Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 7 of 17 (b) Progress Report Due Date(s) and Required Elements Submit evidence of staff training, including the agenda, training materials and signed attendance sheets (indicating role of staff). Submit a description of the internal oversight and tracking system and identify 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 Education Director to ensure ongoing compliance. Develop a report of the results of an internal review of student records in which reports of assessment results were written since implementation of all of the district’s corrective actions for evidence of compliance with the required content. * Please note when conducting internal monitoring that the district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 8 of 17 (b) Progress Report Due Date(s) and Required Elements person(s) responsible for the oversight. Submit this information by May 18, 2012. Submit a report of the results of an internal review of student records and include the following: Number of records reviewed; Number of records that included appropriately written reports of assessment results; Results of the root cause analysis of any records not in compliance; and Specific actions taken by the district to remedy any noncompliance. 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 Submit this report by October 19, 2012. SE 6 Determination of transition services SE 13 Progress Reports and content SE 14 Review and revision of IEPs SE 15 Outreach by the School District (Student Find) Student Records Student Records Student Records Interviews Document Review The Team discusses students’ transition needs annually, beginning when students are 14 years old. Documentation of updated discussions is evident on the Transition Planning Form. Progress reports are specific and include written information on the student’s progress towards the annual goals in the IEP. Team meetings are consistently held annually, on or before the anniversary date of the IEP, to consider the student’s progress and to review, revise or develop a new IEP. The district has outreach and continuous liaison with clinical/health care agencies, other agencies/organizations and agencies serving migrant and/or homeless persons pursuant to the McKinneyVento Education Act for Homeless Children. Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 9 of 17 Criterion SE 18B Determination of placement; provision of IEP to parent SE 19 Extended evaluation Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews Student Records Interviews SE 20 Least restrictive program selected SE 21 School day and school year requirements Student Records Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Immediately following the development of the IEP, the district provides the parent with two copies of the proposed IEP and proposed placement along with the required notice. Extended evaluations are not used for placements of students in out-of-district placements. The IEP Non-Participation Justification statements are individualized and state why the removal is considered critical to the student’s program, including the basis for the Team’s conclusion that education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily. The IEP Team discusses extended school year programming and documents this discussion on the IEP. Interviews Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 10 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation PI Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The Notice of Proposed School District Action (N1) does not meet all of the federal content requirements, as not all questions on page 2 of the N1 form are always addressed, including: What rejected options were considered and why was each option rejected; What evaluation procedure, test, record or report was used as a basis for the proposed action; and What other factors were relevant to the school’s decision. Review the N1 forms that have been written this past school year and analyze the information included in these N1 forms to establish the root cause(s) for the non-compliance. Based on this root cause analysis, indicate the specific corrective actions taken to remedy the non-compliance. The district responds to referrals within the required timelines for students who transition from Early Intervention. Develop a report of the results of an internal review of student records in which an N1 form was written since the implementation of all of the district’s corrective actions for evidence of compliance with responding to all of the questions on page 2 of the N1 form. Develop an internal oversight and tracking system to ensure that page 2 of the N1 form is appropriately completed. The tracking system should include supervisory oversight prior to sending the N1 form to the parent and periodic reviews by the Special Education Director to ensure ongoing compliance. *Please note when conducting internal monitoring the district must maintain the following Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 11 of 17 (b) Progress Report Due Date(s) and Required Elements Provide the outcomes of the root cause analysis with the specific proposal(s) for remedying the noncompliance. Submit a description of the internal oversight and tracking system and identify the person(s) responsible for the oversight. Submit this information by May 18, 2012. Submit a report of the results of an internal review of records and include the following: Number of records reviewed; Number of records in which the district responded to all 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 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). SE 26 Parent participation in meetings SE 29 Communi- Student Records Student The district makes reasonable efforts to obtain parents’ participation in Team meeting discussions and decisions. If the district is unable to obtain parent participation after reasonable efforts are made, the district conducts the Team meeting and documents its attempts to facilitate the parents’ participation. The district provides documents to parents in both Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 12 of 17 (b) Progress Report Due Date(s) and Required Elements of the questions on page 2 of the N1 form; Results of the root cause analysis of any records not in compliance; Specific corrective actions taken by the district to remedy any noncompliance. Submit this report by October 19, 2012. Criterion Criterion Implemented cations are in English and primary language of home SE 32 Parent advisory council for special education SE 33 Involvement in the general curriculum Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Records English and the primary language of the home if the primary language is other than English. In addition, the district contracts with an outside agency that has interpreters who are fluent in various languages and familiar with special education procedures, programs and services. The duties of the parent advisory council for special education (SEPAC) include advising the district on matters that pertain to the education and safety of students with disabilities and participating in the planning, development and evaluation of the district’s special education programs. The district’s SEPAC is open to all interested parties. At least one member of all IEP Teams is familiar with the general curriculum and is able to discuss an eligible student’s appropriate access to the general curriculum. Interviews Interviews Document Review Student Records If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 13 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 36 IEP implementation, accountability and financial responsibility SE 37 Procedures for approved and unapproved out-ofdistrict placements SE 41 Age span requirements SE 45 Procedures for suspension up to 10 days and after 10 days: Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews Student Records Interviews Not Applicable Document Review Student Records Interviews Document Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Students at the Coombs Elementary School are consistently receiving occupational therapy and physical therapy services as indicated in their IEPs Written contracts with out-ofdistrict placements contain the required language regarding substantive and procedural rights, as well as the required language allowing the district to monitor and evaluate the educational placement of the student. This criterion is not applicable as the district no longer houses the Cape Cod Collaborative program. The district no longer uses inhouse suspensions. After a student with special needs has been suspended for 10 days in any school year, during any subsequent removal the district provides sufficient services for the student to Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 14 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion General requirements SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district 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 continue to receive a free and appropriate public education. Student Records Interviews Document Review Not later than the date of the decision to take disciplinary action, the district notifies the parents of that decision and provides them with the written notice of procedural safeguards. The manifestation determination meetings are now held on or before the tenth day of suspension. Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 15 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 47 Procedural requirements applied to students not yet determined to be eligible for special education SE 55 Special education facilities and classrooms Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review Interviews Observations Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district revised and updated the following policies, which now contain current federal requirements and state regulations related to discipline: The School Committee policy entitled “Discipline of Students with Disabilities” The School Committee policy entitled “Behavioral GuidelinesSpecial Education Students.” The Student Support Center (SSC) for the middle and high school offers academic tutoring and support to both general education and special education students. Special education students are not isolated in the SSC and special education students attend inclusion classes throughout the building. At the Coombs Elementary School, the rooms used for related services are no longer labeled OT/PT and Speech. Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 Page 16 of 17 (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 The rooms designated for use by the substantially separate programs are located throughout the school among the general education classrooms. Mashpee Public School District Coordinated Program Review Mid-cycle Report February 28, 2012 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: Mashpee Public 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