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 July 23, 2008 Robert Tremblay, Superintendent Milford Public Schools 31 West Fountain Street Milford, Massachusetts 01757 Re: Mid-cycle Report Dear Superintendent Tremblay: Enclosed is the Department of Elementary and Secondary Education's 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 August 1, 2005. The 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 or not addressed at all, or the Department’s onsite team identified new issues of noncompliance, including but not limited to noncompliance with special education criteria added or substantially changed in response to IDEA 2004. Where the district has failed to 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 all of the Department's requirements for corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to me by August 11, 2008. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 413-858-4591. Sincerely, Paul Battistoni, 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 Barbara Cataldo, District Program Review Follow-up Coordinator Laurie Baranauskas, School Committee Chairperson Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Milford Public School District Date of Coordinated Program Review (CPR) Final Report: August 1, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: November 2, 2005 Dates of Corrective Action Plan Progress Reports: January 27, 2006, May 26, 2006, March 16, 2007, September 27, 2007, and January 16, 2008 Dates of this Mid-cycle Review Onsite Visit: April 14 - 16, 2008 Date of this Report: July 23, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Criterion Number/ Topic Approved Corrective Action Implemented and Effective Method(s) of Verification SE 1 Assessments are appropriately selected and interpreted for students referred for evaluation Document Review and Student Records Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance The district is still not always providing assessments in the student’s native language or an alternate assessment, when the student is determined to be limited English proficient. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 1 of 19 Required Corrective Action, Timelines for Implementation, and Progress Reporting By October 1, 2008 the district is to develop and submit to the Department the procedures it will follow when a limited-English proficient student is referred for an evaluation or re-evaluation. The procedures must include what resources have been identified to administer native language or alternative assessments and the 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 Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting district staff responsible for its oversight. By January 15, 2009 the district is to submit a report on its review of student records for all students referred for evaluations from October 2008 to December 2008, who are limited-English proficient. The report must include the number of records reviewed, the rate of compliance, and any additional corrective actions taken if noncompliance was identified. SE 2 Required and optional assessments SE 7 Transfer of rights and student participation at age of majority Student Records, Document Review, and Interviews Assessments are conducted in all of the areas of a suspected disability and are filed in student records. Student Records The district implements all procedures regarding students turning 18 and transfer of parental rights at age of majority. Evidence of completed activities/notices is maintained in students’ files. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 2 of 19 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 Student Records, Document Review, and Interviews IEP Team members are familiar with the eligibility procedures under Section 504 and students who are eligible for 504 plans are notified within the required timelines. SE 9 Timeline for determining eligibility and provision of documents to parent Corrective Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance The district is not meeting the timeline requirements for conducting assessments and determining eligibility. Required Corrective Action, Timelines for Implementation, and Progress Reporting By October 1, 2008 the district is to submit a tracking system for monitoring and meeting timeline requirements for conducting evaluations and re-evaluations, for holding IEP Team meetings to determine eligibility and provision of the IEP to the parent. The district is to submit a copy of the monitoring plan and the person responsible for ensuring that this criterion is met, and evidence of training of appropriate staff on the plan. By January 15, 2009 the district is to submit a report on its review of student records from each level for the period between October 2008 and December 2008 for timeline compliance. In the report indicate the number of records reviewed, the rate of compliance for each timeline element, and additional steps taken to correct any existing noncompliance. SE 10 End of School Year Evaluations Document Review and Interviews The district has not received any requests for an evaluation at the end of the school year; Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 3 of 19 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 Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting however, if such a request were made, the district has procedures in place to respond to such a request. SE 18A IEP development and content SE 18B Determining placement; provision of IEP to parent Student Records and Interviews Student Records and Interviews The district is consistently developing IEPs that contain all required elements. The district is not consistently providing the parent with a copy of the IEP within the required timelines. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 4 of 19 By October 1, 2008 the district is to develop and submit its process for providing parents with a summary of the decisions and agreements reached during the Team meeting or providing the actual IEP immediately following the Team meeting. This summary, which should be provided at the conclusion of the Team meeting, must include: 1. A completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and 2. A statement of the major goal areas associated with these services. The district must also provide evidence that these procedures have been reviewed 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 Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting with the staff responsible for implementing them. Provide the date, agenda and identify the persons in attendance. By January 15, 2009 the district is to conduct and submit to the Department an internal review of twenty student records and report to the Department: The name of the person responsible for ongoing monitoring of this criterion The number of records found to be in compliance with the requirements of this criterion The number of records with identified non-compliance For each record not in compliance, the district must identify and report the reason The district is to describe the steps, strategies, and actions taken to correct the identified problems SE 20 Least restrictive program selected Student Records, Document Review, and Interviews The district considers the least restrictive environment and opportunities for inclusion for students Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 5 of 19 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 Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting through Team discussions at IEP meetings. SE 22 IEP implementati on and availability SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation or educational placement of the child, or the Document Review and Interviews Student Records, Document Review, and Interviews Documentation and interviews indicated that the district has procedures in place and understands its obligation to notify parents when a related service provider is unable to provide the full amount of services on the students’ IEP. When a student is referred for an evaluation to determine eligibility for special education, the school district still does not consistently send written notice to the child's parent(s) within 5 school days of receipt of the referral. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 6 of 19 By October 1, 2008, conduct and submit an internal review of twenty student records and report: The name of the person responsible for ongoing monitoring of this criterion The number of records found to be in compliance with the requirements of this criterion The number of records with identified non-compliance For each record not in compliance, identify and report 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 Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance provision of FAPE SE 29 Communications in English and primary language of the home Required Corrective Action, Timelines for Implementation, and Progress Reporting Document Review and Student Records Communications are not always sent home in the primary language of the parent. the reason Describe the steps, strategies, and actions taken to correct any identified problems By October 1, 2008 the district must identify the number of parent/guardians of current students on IEPs, who require communications in languages other than English and identify what those languages are. Further, the district must submit a description of the resources and the process that will be put in place for the beginning of the 2008/2009 school year to obtain translated documents and the person(s) responsible for its oversight. By January 15, 2009 the district is to submit a report on its review of student records for the period between October 2008 and December 2008 for evidence of written communications in language other than English. In the report identify the number of records reviewed, the rate of compliance, and additional Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 7 of 19 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 Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting corrective action take by the district if non-compliance was found. SE 32 Parent advisory council for special education Document Review and Interviews The district has an established Parent Advisory Council that meets the requirements of this criterion. SE 34 Continuum of alternative services and placements Document Review and Interviews The district offers a continuum of alternative services and placements to meet the individual needs of all students. SE 35 Specialized materials and assistive technology Document Review and Interviews Documentation and interviews indicated that the district uses a variety of specialized materials and assistive technologies to meet the needs of its students. SE 36 IEP implementation, accountability Document Review and Interviews See SE 22. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 8 of 19 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 The district has a process in place for the oversight of out-of district placements. Corrective Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance and financial responsibility SE 37 Monitoring approved or unapproved out-of-district placements Document Review and Interviews SE 41 Age span requirements Document Review and Interviews SE 42 Programs for young children three and four years of age Document Review and Interviews The district has in place procedures to ensure the referrals begin when students turn 2.6 years of age. SE 45 Suspension procedures up to and after10 days Document Review and Interviews The district’s procedures related to this criterion are updated. Documentation and interviews indicated that there are no programs within the district that have an age span of greater than forty-eight months. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 9 of 19 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 49 Related Services Student Records and Interviews Related services are routinely considered, consistently identified on IEPs, and provided as indicated on IEPs.. SE 50 Administrator of special education Document Review and Interviews Faculty and staff are aware of the continuum of general education instructional supports available to meet the needs of diverse learners in regular education. SE 53 Use of paraprofessional staff Document Review and Interviews Paraprofessional staff are being appropriately supervised. SE 54 Professional development Document Review and Interviews The district is conducting all training requirements related to this criterion. SE 55 Special education Observations and Interviews Corrective Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance New Issue Identified At the Woodland Elementary School, two classrooms that are Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 10 of 19 Required Corrective Action, Timelines for Implementation, and Progress Reporting By October 1. 2008 the district is to submit a floor plan of the Woodland Elementary School that indicates the Criterion Number/ Topic Approved Corrective Action Implemented and Effective Method(s) of Verification facilities and classrooms SE 56 Special education programs and services are evaluated Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Basis of Determination Action Not that Implementation of Implemented, Corrective Action was Not Effective Incomplete, Ineffective or or New Issues Basis of Finding of New Identified Noncompliance designated for the delivery of special education services are clustered and isolated in a separate wing of the school. Document Review and Interviews Documentation and interviews indicated that the district is not regularly evaluating its special education programs and services. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 11 of 19 Required Corrective Action, Timelines for Implementation, and Progress Reporting location of all special education and related service classrooms. By October 1, 2008, submit a copy of a plan/process to evaluate all district special education programs and services. By January 15, 2009 submit an update on the status of the district’s progress to evaluate special education programs and services. Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Criterion Method(s) of Basis of Determination that Criterion Basis of Determination Required Corrective Action, Number Implemented Verification Criterion was Implemented Partially that Criterion was Timelines for and Implemented Partially Implemented Implementation, and Topic or Not or Not Implemented Progress Reporting Implemented SE 3 Special requirements for determination of specific learning disability Student Records, Document Review, and Interviews The district is meeting the requirements of this criterion. The district provided a statement of assurance indicating that they will use the required SLD form at all schools within the district. SE 6 ##1 - 3 Determination of Transition Services Student Records and Interviews The district is utilizing the new Transition Planning Form and meeting the full requirements of this criterion. SE 8 IEP Team composition and attendance Student Records and Interviews IEP Teams consistently have all required people in attendance and the district is using a signed excusal form when the parent and district agree that a required team member’s attendance is not necessary. SE 12 Frequency of Document Review and The district is not always conducting three-year re- Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 12 of 19 By October 1, 2008, submit a plan/tracking system for the Criterion Number and Topic re-evaluation Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Interviews Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting evaluations within the required timelines. purpose of monitoring timelines for conducting reevaluation team meetings, as in SE 9, so that a new IEP may be proposed before the expiration date. The district is to conduct training for all appropriate staff regarding the tracking system and monitoring plan. Submit an agenda and attendance sheet by October 1, 2008. By January 15, 2009 the district is to submit a report on its review of student records from each level for the period between October 2008 and December 2008 for timeline compliance with reevaluations. In the report indicate the number of records reviewed, the rate of compliance, and additional steps taken to correct any existing noncompliance. SE 13 Progress Reports and content Student Records Progress reports are not always maintained in the student record. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 13 of 19 Please note that recently enacted IDEA 2004 regulations have now changed the content requirements for IEP progress reports. Refer to Administrative Advisory 2007- 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 1 for guidance. The Department has changed the progress report form and it is now available on the Department’s special education website. Review the new requirements with all appropriate staff. Provide the district’s written assurance that the review of progress report requirements has occurred with all applicable staff, by October 1, 2008. By January 15, 2009 the district is to submit a report on its review of student records from each level for the period between October 2008 and December 2008 for copies of progress reports in the student records. In the report indicate the number of records reviewed, the rate of compliance, and additional steps taken to correct any existing noncompliance. SE 14 Review and Document Review and See SE 12. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 14 of 19 See SE 12. 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 Interviews revision of IEPs SE 25B Resolution of disputes Document Review, Student Records, and Interviews The district consistently utilizes the dispute resolution procedures and administrative staff members are aware of these regulations. SE 33 Involvement in the General Curriculum Document Review, Student Records, and Interviews All students have access to the general curriculum. SE 39A Procedures for services to eligible private school students whose parents reside in the district Document Review and Interviews Students in private schools whose parents reside in-district are given evaluations and, if found eligible, may access a full range of special education and related services. The district has documented the proportionate share on the Department’s mandated form. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 15 of 19 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 Services to eligible students in private schools in the district whose parents reside out of state Document Review and interviews Documentation and interviews indicated that students in private schools whose parents reside out of state have the opportunity to access special education services. SE 46 Procedures for suspension of students with disabilities more than 10 days Document Review and Interviews The district has appropriate procedures in place for the suspension of students with disabilities for more than 10 days. SE 52 Appropriate certifications/ licenses or credentials – related service providers Document Review and Interviews The district has the appropriate certification/licenses for all of the related service providers. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 16 of 19 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 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 of interpreting services Criteria from Other Regulated Programs Monitored During this Mid-cycle Review 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 CR 17A Use of physical restraint on any student enrolled in a publiclyfunded education program Approved Corrective Action Implemented and Effective Method(s) of Verification Document Review and Interviews Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented, Not Effective, New Issues Identified 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 Requirements The district is not meeting the requirements of this criterion. For example: The district has not conducted training at least annually on the use of physical restraint consistent with regulatory requirements Unwarranted and improper physical restraints have been administered. The district has implemented physical restraint procedures that are not consistent with Department regulations. By October 1, 2008 submit: A description of district physical restraint procedures An agenda and sign-in sheet for training on the use of physical restraint consistent with regulatory requirements A list of designated, restraint-trained staff at each school building Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 17 of 19 A statement of assurance from the Superintendent that staff will administer physical restraints on students only when needed to protect a student and/or a member of the school community from 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, Not Effective, New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance The district is not always following reporting requirements and procedures for administrators, parents, and the Department of Elementary and Secondary Education consistent with the regulations. Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements imminent, serious, physical harm. A copy of written procedures regarding appropriate responses to student behavior that may require immediate intervention. Also, submit a statement of assurance that such procedures are annually reviewed and provided to school staff and made available to parents of enrolled students. Include in this statement of assurance the person responsible for its implementation. A copy of the district’s reporting procedures for administrators, parents and the Department of Elementary and Secondary Education consistent with regulatory requirements. Include each school-based person responsible for reporting restraints as well the district-wide designee who ensures that reporting requirements are met. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 18 of 19 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, Not Effective, 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 Requirements A copy of the district’s individual waiver procedures consistent with the regulations. ELE 11 Equal Access to Academic Programs and Services Student Records, Document Review, and Interviews Not all LEP students have equal access to academic programs and services. For example, students are pulled from physical education or English Language Arts or are otherwise missing content area classes to accommodate English Language Development pullout services. Milford Public School District Coordinated Program Review Mid-cycle Report July 23, 2008 Page 19 of 19 By October 1, 2008, develop and submit the district’s implementation practices for this criterion, which includes a description of how LEP students are provided equal access, with needed supports, to academic programs and services and participate fully with their English speaking peers.