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 22, 2008 Mary C. Gormley, Superintendent Milton Public Schools 25 Gile Road Milton, MA 02186 Re: Mid-cycle Report Dear Superintendent Gormley: 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 March 15, 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 September 12, 2008. 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 781-338-3706. 1 Sincerely, Ellen Convisser, 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 F. Bierne Lovely, School Committee Chairperson Jeffrey Rubin, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Milton Public School District Date of Coordinated Program Review (CPR) Final Report: March 15, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: August 29, 2005 Dates of Corrective Action Plan Progress Reports: October 31, 2005; March 29, 2006; July 3, 2006; November 17, 2006; January 4, 2007 Dates of this Mid-cycle Review Onsite Visit: April 29-30, 2008 Date of this Report: August 22, 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 Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 1 Assessments are appropriately selected and interpreted for students referred for evaluation Documentation Record Review Interviews 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 Documentation, interviews and record review indicate that assessments are appropriately selected and interpreted for students. The district currently has no LEP students who have been evaluated, but interviews indicate that the district is prepared to provide appropriate Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 1 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 2 Required and optional assessments SE 4 Reports of assessment results SE 7 Transfer of parental rights and student participation and consent at age of majority SE 9 Timeline for determination Documentation Record Review Documentation Record Review Documentation Record Review Interviews Documentation 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 testing and evaluators for LEP students. Documentation and record review indicate that assessments are comprehensive and individualized. Evaluation consent forms identify the areas of suspected disability and consented to assessments are conducted. Documentation and record review indicate that assessment results are summarized in writing with regard to procedures employed, the results, the diagnostic impressions and the student’s needs, and presented in educationally relevant terms. Documentation, interviews and record review indicate that the district is informing students prior to reaching age 18 of all decision-making responsibilities in relation to special education programs and services. Documentation and record review indicate that the district is completing evaluations and Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 2 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Record Review convening IEP Teams to determine eligibility within the regulatory 45-day timeline. of eligibility and provision of documentation to parent SE 17 Initiation of services at age three and Early Intervention transition procedures SE 18A IEP development and content SE 18B Determination of placement; provision of IEP to parent Documentation Record Review Documentation Record Review Documentation Record Review Interviews 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 Documentation and record review indicate that transition services are occurring within the 45 school working day timeline from referral to eligibility meeting and services are in place when the child turns three. Documentation and record review indicate that IEPs contain measurable goals and objectives with defined accommodations and specially designed instruction. Teams are considering individualized extended school year services. Documentation, interviews and record review indicate that the district is developing IEPs and determining placement in the least restrictive environment within required timeframes. At the end of Team meetings, the parent is provided with a written Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 3 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 19 Extended evaluation SE 20 Least Restrictive Environment SE 21 School day and school year Documentation Record Review Documentation Record Review Documentation 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 summary of the meeting containing a completed service delivery grid, a description of special education and/or related services, and the major goal areas agreed upon in the meeting. Documentation and record review indicate that IEPs Teams are appropriately making eligibility determinations following the conclusion of an evaluation and that extended evaluations are conducted consistent with regulatory requirements. Documentation and record review indicate that IEP Teams are considering and selecting the least restrictive environment for students, as appropriate. See SE 34 Continuum of services for prior citation of insufficiency of programs. See SE 18A regarding extended school year services. Record Review Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 4 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implement ed 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 The narrative response does not consistently address all content requirements on the notice as defined in federal regulation. Specifically, Teams are not providing a description of other options considered and the reasons why the options were rejected, or a description of any other factors that are relevant to the agency’s proposal or refusal. Provide training to Team chairpersons on the requirements of Notice and ensuring that written notice includes all of the content requirements set forth in M.G.L. c. 71B, §3, and in federal law. Submit the training agenda and signed attendance sheet(s) by December 8, 2008. requirements SE 22 IEP implementation and availability SE 23 Reserved 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 Documentation Record Review Documentation and record review indicate that parents are notified when the district is unable to implement IEP plans because of a lack of personnel. Documentation Record Review Interviews This is an area of continuing noncompliance. Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 5 of 18 Develop an internal oversight and tracking system to ensure that Notice sent to parents includes all of the required content. Submit a description of the internal oversight and tracking system, including person(s) responsible for the Criterion Number/Topic Approved Corrective Action Implement ed 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 oversight. Submit this information to the Department by December 8, 2008. Subsequent to developing the oversight and tracking system and training staff, conduct an internal review to ensure compliance with this criterion. Report on the following: The number of records reviewed. The number of records in which notice included all of the required content. Specific corrective action(s) taken if noncompliance was identified. Submit this report to the Department by March 19, 2009. SE 25 Parental Consent Documentation Record Review Documentation and record review indicated that the school district obtains informed parental consent, as required in accordance with state and federal laws and regulations. SE 28 Reserved Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 6 of 18 Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 29 Communications are in English and primary language of home SE 34 Continuum of alternative services and placements SE 35 Assistive technology: Documentation Documentation Record Review Documentation 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 Documentation indicates that communications are in English and the primary language of the home, and that translations are available upon request. Documentation and record review indicate that the district has increased programs and services for students, including ABA services; an integrated K and 1st grade; co- taught grades K through 3; language-based and STEP program for elementary students; REACH program at the middle school level; and the ACHIEVE program at the high school. The district has expanded counseling services at all levels. In addition to secured student slots with the Blue Hills Regional Vocational Technical School, the district provides a Job Coach at the high school. Documentation and record review indicate that assistive Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 7 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Record Review specialized material and equipment SE 36 IEP implementation, accountability and financial responsibility SE 37 Procedures for approved and unapproved out-of-district placements SE 40 Instructional grouping requirements for students aged five and older SE 41 Age span requirements Documentation Interviews Documentation Record Review Interviews Documentation Documentation 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 technology is considered for eligible students on an individual basis. Documentation and interviews indicate that the district fully monitors the implementation of out-of-district students’ IEPs. Documentation, interviews and record review indicate that the district has written contracts and monitors students in out-ofdistrict placements. The district submitted schedules of special education instructional groupings at the four elementary schools, the middle school and high school. All instructional groupings are consistent with regulatory requirements. The district submitted schedules of special education instructional groupings, including the dates of birth for students; all groupings meet Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 8 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 43 Behavioral interventions SE 44 Procedure for recording suspensions Documentation Record Review Documentation Partial Record Review Interviews Corrective Action Not Implemented or Not Effective or New Issues Identified regulatory requirements. The district has obtained a waiver in the one circumstance where the age span exceeds 48 months. Documentation and record review indicate that the district has a behavior specialist and school adjustment counselors to conduct FBAs. Behavioral intervention plans are included in records if a student’s behavior impedes learning. Documentation and interviews indicate that disciplinary incidents are informally communicated to the special education administration. The district reports that information is effectively communicated. 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 district does not have consistent and formalized procedures for tracking and monitoring suspensions of students with IEPs. Develop procedures to record the number and duration of suspensions from any part of the student’s program, including suspensions from special transportation prescribed by the IEP. Submit these procedures to the Department by December 8, 2008. This is an area of continuing noncompliance. Train building administrators and special education staff on the procedures for recording the number and duration of suspensions, including suspensions from special Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 9 of 18 Criterion Number/Topic Approved Corrective Action Implement ed 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 transportation prescribed in the IEP. Submit the training agenda and sign-in sheet(s) by March 19, 2009. SE 48 FAPE: equal opportunity to participate in educational, nonacademic, extracurricular and ancillary programs as well as participation in regular education Documentation Record Review Documentation SE 49 Related Services Interview Record Review SE 50 Administrator Documentation Documentation and record review indicate that students with special needs have access to and participate in district activities, and are provided with FAPE. Students requiring adaptive physical education are provided with individualized programming within the regular physical education class. In addition, the adaptive physical educator provides services and consultation to regular education teachers. Documentation and interviews indicate that the district has expanded counseling services at all levels, making counseling available to all students. See SE 34 Continuum of Services Documentation review indicates that the Administrator of Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 10 of 18 Criterion Number/Topic Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective of Special Education SE 51 Appropriate special education teacher licensure Documentation SE 53 Use of paraprofessionals Documentation SE 54 Professional Development Documentation SE 56 Special education programs and services are evaluated Interviews Documentation Interviews 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 Special Education is appropriately licensed. Documentation review indicates that special education teachers are appropriately licensed or on waivers. Review of documentation indicated that paraprofessionals received training over the 20062007 and 2007–2008 school years in assisting in the provision of special education. A review of the documentation and interviews indicate that all teaching staff are receiving training regarding state and federal special education requirements and related local special education policies and procedures. Review of documentation indicates that the district has conducted evaluations of its special education program for the past two years. Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 11 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 Number and Topic SE 3 Special requirements for determination of specific learning disability SE 6 ##1 - 3 Determination of Transition Services SE 8 IEP Team composition and attendance Criterion Implemented Method(s) of Verification Record Review Documentation Record Review Partial Record Review Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Review of student records indicates that Teams are appropriately determining SLD and when Team members do not agree as to the determination of SLD, members are documenting their disagreement. Documentation and record review indicate that IEP Teams are discussing the student’s transition needs annually beginning no later than when the student is 15 years old and documenting the discussion on the Transition Planning Form. A review of student records indicates that in general IEP Teams include all Team members, consistent with state and federal regulations. Partial Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Student records indicate that Teams do not follow appropriate procedures for excusing Team members, including having the parent agree that the member’s attendance is not necessary or consent to the member’s excusal in writing and having the member submit in writing Provide training to staff on the procedures to follow when required members of the Team do not attend Team meetings. Submit the training agenda and sign-in sheet(s) by December 8, 2008. Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 12 of 18 Develop an internal oversight and tracking system to ensure that Teams follow appropriate 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 any input he or she has related to the development of the IEP. procedures for excusing Team members from meetings. Submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight. Submit this information to the Department by December 8, 2008. Subsequent to training staff and developing the oversight and tracking system, conduct an internal review to ensure compliance with this criterion. Report on the following: The number of records reviewed in which Team members did not attend meetings. The number of records in which included appropriate procedures for excusing Team members. Specific corrective action(s) taken if noncompliance was identified. Submit this report to the Department by March 19, 2009. SE 12 Frequency of re-evaluation Record Review A review of records indicates that re-evaluations are conducted every three years, Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 13 of 18 Criterion Number and Topic SE 13 Progress Reports and content Criterion Implemented Method(s) of Verification Documentation Record Review Interviews SE 14 Review and revision of IEPs SE 25B Resolution of disputes Record Review Documentation Record Review Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented and at the parent’s request. Re-evaluations are also conducted when it is suspected that the student is no longer eligible for special education. Documentation, interviews and record review indicate that progress reports contain information on student progress towards annual goals, and progress reports are sent as often as reports for non-disabled students. Upon graduation or exceeding the age of eligibility, the district provides a summary of academic achievement and functional performance with recommendations for meeting postsecondary goals. Review of student records indicates that annual meetings are held within one year. Amendments are appropriately agreed to in between annual IEP meetings. Review of documentation indicates that within 15 days of receiving notice that a parent has made an official Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 14 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Interviews SE 33 Involvement in the General Curriculum SE 39A Procedures for services to eligible private school students whose parents reside in the district Documentation Record Review Documentation Record Review Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented hearing request to Special Education Appeals, the district convenes a meeting with the parent and the relevant members of the IEP Team, including a representative of the district with decision-making authority, to try to resolve the dispute. The district provided a copy of an agreement reached through mediation on November 19, 2007. Documentation and record review indicate that IEPs appropriately state how the student’s disability impacts his/her participation in the general curriculum. Documentation and record review indicate that the district provides services to eligible private school students and calculates the proportionate share of Federal Special Education Entitlement funds. Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 15 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state SE 46 Procedures for suspension of students with disabilities more than 10 days SE 52 Appropriate certifications/ licenses or other credentials – related service providers (to be reviewed only with Criterion Implemented Method(s) of Verification Documentation Interviews Documentation Record Review Interviews Documentation Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Review of documentation and interviews indicate that the district has procedures to service eligible private school students whose parents reside out of state. However, interviews indicate that the district is currently not servicing any private school students whose parents reside out of state. Documentation and interviews indicate that the district has procedures consistent with state and federal regulations for the suspension of students with disabilities for more than ten days. Record review and interviews indicate that the discipline of students is consistent with district procedures. Documentation review indicates that district related service providers are appropriately licensed or hold waivers. Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 16 of 18 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 respect to providers 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 ELE 11 Equal Access to Academic Programs and Services Approved Corrective Action Implemented and Effective Method(s) of Verification Documentation Interviews 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 A review of documentation and interviews indicate that the district is providing LEP students with access to a full range of academic opportunities and supports afforded to non-LEP students, such as special education services, Section 504 Accommodation Plans and Title I services. The district provided a description of implementation practices and copies of the schedules of LEP students in the junior Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 17 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements 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 and senior high school, as well as a method for translations of notices. Milton School District Coordinated Program Review Mid-cycle Report August 22, 2008 Page 18 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements