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 June 19, 2008 Joseph Lisi Nahant Public Schools 290 Castle Road Nahant, MA 01908 Re: Mid-cycle Report Dear Superintendent Lisi: 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 26, 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. The onsite team would like to commend the following programs and practices that were brought to its attention and that the team believes have a significant positive impact on the education of students enrolled in the Nahant Public Schools. These programs and practices are as follows: The district is commended for the extensive renovations that were completed to make the Johnson school completely accessible to students with disabilities. The district is commended for the practice of including in the student record a signed receipt of the documents that the parent is given at the conclusion of the Team meeting. The Department will notify you of your district's next regularly scheduled CPR several months before it is to occur. At this time we anticipate that this CPR will occur sometime during the 2011 unless the Department determines that there is some reason to schedule this visit earlier. 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 1 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 July 7, 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 781-338-3714. Sincerely, Nancy Hicks, 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 James Devereaux, School Committee Chairperson Ann Haskell and Bonnie Bisbicos, District Program Review Follow-up Coordinators Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Nahant Public Schools Date of Coordinated Program Review (CPR) Final Report: August 26, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: January 3, 2006 Dates of this Mid-cycle Review Onsite Visit: May 1 and 2, 2008 Date of this Report: June 19, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 4 Reports of assessment results Record review 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 The record review indicates that assessment summaries included information regarding the student’s needs and explicit means of meeting them. See SE 12 on page 6 SE 9 Eligibility timelines Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 1 of 16 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 Documentation Documentation indicates that the district does outreach to private nursery schools or daycare facilities in the community. Staff interviews and documentation confirmed that a formal process is in place for screening of three and four-year-olds and for children entering kindergarten and is publicized to Nahant parents. The district does conduct the required vision and hearing tests. The district keeps a record that is signed by the parent of what documents the parent receives at the conclusion of the team meeting. SE 15 Child Find SE 16 Screening SE 18B Placement Documentation Record review 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 student record review indicates that the IEP is not always issued immediately after the Team meeting. In two of the records examined, the IEP was not issued until 30days after the Team meeting. Prior to the beginning of the school year the district must develop a tracking system and a set of procedures to ensure the district will meet the requirements for this criterion. Provide the description of the district’s procedures, its’ tracking system and identify the person(s) responsible by September 5, 2008. Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 2 of 16 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting By December 15, 2008, the district must submit the results of a record review of Team meetings held since the beginning of the SY to monitor compliance with this criterion including the following: The name of the individual responsible for monitoring. The number of records examined The rate of compliance A description of steps taken when non compliance was identified. SE 19 Extended Evaluation SE 24 Notice Documentation Documentation indicates that the district has procedures in place that are consistent with the requirements for utilization of the extended evaluation. Record review The record review indicates that all questions on page two of the N1 and N2 forms are not always Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 3 of 16 Prior to the beginning of the school year the district is required to review the requirements for this criterion 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 27 Record review 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 addressed. with the person(s) responsible for implementing this requirement. By September 5, 2008, the district must submit a statement of assurance signed by the Superintendent that this review was completed. By December 15, 2008, the district must submit the results of a record review of written notices issued since the beginning of the SY to monitor for compliance with this criterion including the following: The name of the individual responsible for monitoring. The number of records examined The rate of compliance A description of steps taken when non compliance was identified . The record review indicates Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 4 of 16 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 Team Meeting Notice SE 32 PAC SE 42 Programs for Young children SE 55 Accessibility Documentation and interviews Documentation and interviews Interviews and building tour 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 that the Team meeting notice contained all required information. Documentation and interviews indicate that the annual workshop on the rights of students and their parents is scheduled for May 15, 2008. Documentation and interviews indicate that the district accepts referrals from other agencies to ensure the implementation of an IEP by the child’s third birthday. The district has completed extensive renovations to make the building accessible to students with disabilities. Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 5 of 16 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 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 Interviews and The district is preparing to SE 3 record review use the new forms to Special document the agreement with requirements a finding of a specific for learning disability. determination of specific learning disability Record review The records of age Prior to the beginning of the SE 6 ##1 - 3 Nahant does not have a appropriate students in school year the district is Determination middle or high school. out-of-district placements required to review the of Transition Students at the middle and did not contain transition requirements for completion of Services high school level attend planning forms although the Transitional Planning Form school in Swampscott. The one student had transition found at: Nahant School District goals. http://www.doe.mass.edu/sped/ provides official oversight; links/transition.html. with the however, the Swampscott person(s) responsible for School District is responsible implementing this requirement. for addressing the special By September 5, 2008, the education needs of these district must submit a students, including the need statement of assurance signed for transition services. by the Superintendent that this review was completed. By December 15, 2008 the district must conduct internal monitoring of student records for students in out-of-district Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 6 of 16 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 placements with Team meetings since the beginning of the SY. Please provide the following as evidence of this review: The name of the individual responsible for monitoring, The number of records examined, The rate of compliance, A description of steps taken when non compliance was identified. SE 8 IEP Team composition and attendance Record review and documentation The record review indicates that IEP Teams have the required members. Documentation indicates that the district is aware of the procedures for the excusal of a Team member. SE 12 Frequency of re-evaluation Student record review indicates that a student previously serviced under a 504 plan was transferred to special education without the benefit of an eligibility determination and that another student Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 7 of 16 By December 15, 2008, the district must review special education records and report on the following: The name of the individual responsible for monitoring 504 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented SE 13 Progress Reports and content Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting was found no longer eligible for special education and was placed on a 504 plan without a complete evaluation. Plans, The number of students who have been served under both an IEP and a 504 Plan, The number of students whose eligibility was changed without a complete evaluation. Also by December 15, 2008, provide documentation showing that the district has proposed a complete evaluation for any student identified by the monitoring activities. The record review indicates the following regarding progress reports: They did not always specifically address progress on IEP goals and benchmarks but rather reported on Prior to the beginning of the school year the district must review with the responsible staff member the requirements for issuing progress reports on the student’s progress toward reaching the goals set in the IEP at least as often as parents are informed of the progress of non-disabled students. By September 5, 2008, the district Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 8 of 16 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 SE 14 Review and revision of IEPs SE 25B Resolution of Student record The record review indicated that the Team meets annually to review, revise or develop a new IEP. Documentation Documentation indicates that the district has reached Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 9 of 16 progress in an academic class. They were sometimes written by a special educator without consultation with those staff members who were responsible for addressing the IEP goals. Student records did not always contain progress reports on every IEP goal. Required Corrective Action, Timelines for Implementation, and Progress Reporting must submit a statement of assurance signed by the Superintendent that this review was completed. The district must complete a record review following the first marking period and provide the following by December 15, 2008 as evidence of this review: The name of the individual responsible for the review, The number of records examined, The rate of compliance, And a description of steps taken when progress reports do not address IEP goals or when all progress reports are not in the record. Criterion Number and Topic Criterion Implemented Method(s) of Verification SE 39A Procedures for services to eligible private school students whose parents reside in the district 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 Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented legally binding agreements resolving disputes. disputes SE 33 Involvement in the General Curriculum Basis of Determination that Criterion was Implemented Interviews and student records Interviews indicate that the district meets the requirements regarding students with disabilities’ access to the general curriculum. Documentation and interviews The district met the requirements regarding the provision of services to eligible students enrolled in private schools at private expense. Documentation and interviews There are currently no private schools in the district. Procedures are in place consistent with the requirements of this criterion. The district has completed the calculation of the proportionate share of Federal Education Funds. Documentation The district has procedures in place consistent with the requirements of this Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 10 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting criterion. students with disabilities more than 10 days SE 52 Appropriate certifications/ licenses or other credentials – related service providers (to be reviewed only with respect to providers of interpreting services) Basis of Determination that Criterion was Implemented Documentation The district currently has no students or parents who require interpreting services. Procedures are in place consistent with the requirements of this criterion. Special Education Criteria Monitored because of Issues Identified since the CPR 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) Basis of Determination that Criterion Basis of Determination Required Corrective Action, Number Implemented of Criterion was Implemented Partially that Criterion was Timelines for and Verification Implemented Partially Implemented Implementation, and Topic or Not or Not Implemented Progress Reporting Implemented Interviews indicate that Prior to the beginning of the SE 53 IEPs are not being school year the district must Use of implemented as written review with the responsible Paraprofessionals when special education staff member the requirements Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 11 of 16 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 paraprofessionals are responsible for delivering special education services without sufficient consultation with an educator who is qualified to design instruction and provide required supervision. for the supervision of paraprofessionals. By September 5, 2008 the district must develop a plan for the 2008-2009 school year and provide the following as evidence of the plan: A schedule of the times that each paraprofessional will be responsible for delivering special education services, The name of the qualified educator providing supervision, A schedule for the supervision that will be provided for each paraprofessional. Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 12 of 16 Special Education Criteria Monitored because of Issues Identified since the CPR 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) Basis of Determination that Criterion Basis of Required Corrective Action, Number Implemented of Criterion was Implemented Partially Determination that Timelines for Implementation, and Verification Implemented Criterion was and Progress Reporting Topic or Not Partially Implemented Implemented or Not Implemented SE 2 Assessments Student records SE 20 LRE The required educational assessments were not always completed for an initial or reevaluation Prior to the beginning of the school year the district must review the requirements of this criterion with the person(s) responsible for its implementation. By September 5, 2008, the district must submit a statement of assurance signed by the Superintendent that this review was completed. By December 15, 2008, the district must conduct internal monitoring of all student records with educational assessments completed since the beginning of the SY. Please provide the following as evidence of this review: The name of the individual responsible for monitoring. The number of records examined The rate of compliance, A description of steps taken when non compliance was identified. The nonparticipation justification was not always completed Prior to the beginning of the school year the district is required to review the requirements for this Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 13 of 16 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented SE 22 IEP Implementation Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting when a student received services outside of regular education. The IEP did not always contain individualized statements explaining why removal from general education was critical to the student’s program. criterion with the person(s) responsible for its implementation. By September 5, 2008, the district must submit a statement of assurance signed by the Superintendent that this review was completed. By December 15, 2008, the district must conduct internal monitoring of all student records for IEPs completed since the beginning of the SY for completed nonparticipation statements. Please provide the following as evidence of this review: The name of the individual responsible for monitoring. The number of records examined The rate of compliance A description of steps taken when non compliance was identified. By September 5, 2008, the district must submit a plan explaining how they will ensure that IEP services are provided with the frequency and duration specified on each IEP. By December 15, 2008, the district must submit a report on the results of monitoring of the provision of Student records and interviews indicate that several students have IEP services that are not being provided with the frequency and duration specified in Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 14 of 16 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 the IEP. For example, a student’s service delivery page indicated that a service was to be provided 5 times 30 minutes but the special education teacher providing these services works only two days a week. IEP services including: The name of the individual responsible for monitoring, The number of records examined, The rate of compliance, A description of steps taken when non compliance was identified. The Department will conduct onsite verification of the implementation of IEP services at a date to be determined. Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 15 of 16 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 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 The district has no limited English proficient students however; procedures have been developed to ensure that LEP students have access to the curriculum. Nahant Public School Coordinated Program Review Mid-cycle Report June 19, 2008 Page 16 of 16 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