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 September 24, 2013 Judith Klimkiewicz, Superintendent Nashoba Valley Regional Vocational Technical High School 100 Littleton Road Westford, MA 01886 Re: Mid-cycle Report Dear Superintendent Klimkiewicz: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in March, 2013. 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 October 10, 2013. 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 Randall Palmer at 781-338-3734. Sincerely, Randall Palmer, 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 Jane Ewing, Ed.D., Supervisor, Program Quality Assurance Services Mr. Kevin McKenzie, School Committee Chairperson, Nashoba Valley Technical High School Melissa LeRay, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Nashoba Valley Technical High School Dates of the Mid-cycle Review Onsite: March 25-26, 2013 Date of this Report: September 24, 2013 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 Document Review PI Student Record Review Basis of Determination about Criterion According to record review, one year prior to a student reaching the age of 18, the school does not consistently inform the student and the parent/guardian of the rights that will transfer from the parent to the student upon the student’s 18th birthday. Record review also If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Develop a procedure for notifying families and students of the transfer of parental rights to the student at the age of majority based on the ESE’s administrative advisory 2011-1 http://www.doe.mass.edu/sped/advis ories/11_1.html. Please provide training to IEP Team chairpersons and other key Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 1 of 17 (b) Progress Report Due Date(s) and Required Elements Submit a copy of revised procedures and evidence of staff training, including an agenda and signed attendance sheets (indicating role of staff). Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion demonstrated that the school does not consistently indicate that the parent and student were informed of the transfer of decisionmaking rights in the IEP or place a copy of the mailed notice in the student record. Additionally, record review indicated that once a student has reached the age of 18, the school does not always obtain consent from the student to continue the student’s special education program. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation personnel on the school’s newly developed age of majority policy. Please develop a tracking and monitoring system and identify the key personnel responsible for oversight of the system and for conducting periodic reviews to ensure the following: 1) parents and students are notified of the transfer of educational decision-making rights one year prior to students reaching the age of 18; 2) IEP Teams document the provision of this notice in the IEP or student record thereafter; and 3) students with educational decision-making rights sign their IEPs once they have turned 18. Conduct an internal review of student records. Please select a sample of 10-15 student records drawn from those students who turned 17 after implementation of all corrective actions for evidence that 1) families and students were notified one year prior to the student turning 18 and 2) provision of this notification was documented in the Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 2 of 17 (b) Progress Report Due Date(s) and Required Elements Submit the description of the oversight system and identify the person(s) responsible for the oversight, including the date of the system’s implementation. This progress report is due October 28, 2013. Submit the results of both student record reviews. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of 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 IEP or the student record. Conduct a second internal review, drawn from records of students who have sole or shared educational decision rights and who have turned 18 after implementation of all corrective actions, for evidence that the school has obtained the student’s signature on the current IEP. *Please note that 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 level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). SE 8 IEP Team composition and attendance Staff Interviews Student Record Review Student record review indicated that required Team members consistently attend IEP meetings. The school has procedures to obtain parents’ written permission to excuse a Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 3 of 17 (b) Progress Report Due Date(s) and Required Elements noncompliance and provide the school’s plan to remedy the noncompliance. This progress report is due March 3, 2014. 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 required Team member in advance when the Team member is unable to attend and obtain that Team member’s written input in advance of the meeting to the parent and IEP Team for development of the IEP. Record review showed that the school invites students beginning at age 14 to Team meetings to discuss transition services. Document review also demonstrated that the school has a process to excuse team members whose areas are not being modified or discussed at the Team meeting. SE 18A IEP Development and content PI Student Record Review Student record review indicated that the school’s IEP Teams do not always discuss or specifically address in the IEP whether bullying, harassment, or teasing is an issue for Please use the ESE’s administrative advisory 2011-2 http://www.doe.mass.edu/sped/advis ories/11_2ta.html as the basis of the school’s policy development for ensuring that IEP Teams routinely address whether bullying, Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 4 of 17 Submit a copy of revised procedures and evidence of staff training, including an agenda and 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 students whose disability made him or her vulnerable to bullying, harassment, or teasing or for students whose evaluations indicate a disability that affects social skills development. harassment, or teasing is an issue for students whose disability made him or her vulnerable to bullying, harassment, or teasing or for students whose evaluations indicate a disability that affects social skills development. Student record and document review demonstrated that for students identified with a disability on the autism spectrum, the school’s IEP Teams do specifically address the students’ social skills and communication challenges with peers and staff. For these students, IEP Teams develop and document appropriate IEP goals and services to address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. Please provide training to IEP Team chairpersons and other key personnel on the school’s newly developed IEP Team bullying prevention measures. A review of the student records indicated that IEP Please develop an internal system of periodic review for ensuring that IEP Teams consider whether bullying, harassment, or teasing is an issue for students whose disability make him or her vulnerable or for students whose evaluations indicate a disability that affects social skills development. Please identify the person(s) responsible by name and title for this internal monitoring. Please conduct a student record review of 10 records for evidence that IEP Teams consider whether Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 5 of 17 (b) Progress Report Due Date(s) and Required Elements signed attendance sheets (indicating role of staff). Submit the description of the oversight system and identify the person(s) responsible for the oversight, including the date of the system’s implementation. This progress report is due by October 28, 2013. Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Teams address all areas of the most current IEP format, including the Present Levels of Educational Performance B (PLEP B) section. In addition, record review indicated that IEPs are consistently updated annually, including student goals. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation bullying, harassment, or teasing is an issue for students whose disability made him or her vulnerable to bullying, harassment, or teasing or for students whose evaluations indicate a disability that affects social skills development. This sample must be drawn from records of students whose IEP development meetings were convened after implementation of all corrective actions. *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). Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 6 of 17 (b) Progress Report Due Date(s) and Required Elements compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the noncompliance. This progress report is due March 3, 2014. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Staff Interviews Student Record Review SE 25 Parental consent Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Record review indicated that consented-to evaluations and observations are consistently completed by the school, and that the school always obtains parental consent before conducting student evaluations. The school has a process in place so that when a parent revokes consent in writing, the school will promptly provide the parent with a written notice of the school’s proposal to discontinue services within a reasonable period of time, as well as how the parent can obtain a copy of his/her right to procedural safeguards. According to its procedures, the school will not use mediation or a due process hearing to overrule the Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 7 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 parent’s revocation request. Staff interviews indicated that within the past two years, no parent/guardian has exercised his or her right of revocation after consenting to a student’s special education services. SE 51 Appropriate special education teacher licensure (Commonwealth Charter Schools only) Not Applicable Nashoba Valley Technical High School is a vocational school. Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 8 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 1 Assessments are appropriately selected and interpreted for students referred for evaluation SE 4 Reports of assessment results Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of the student records indicated that assessments are consistently tailored to assess specific areas of educational or related developmental need, or selected and administered to reflect aptitude and achievement levels and related developmental needs. Consent to evaluate forms showed that assessments were tailored to the suspected disability. A review of the student records indicated that evaluators consistently define in detail and in educationally relevant and common terms the student’s needs, offering explicit means of meeting those needs in assessment summaries. Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 9 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 6 Transition services 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 Staff Interviews A review of the student records and interviews indicated that IEP Teams discuss the transitional needs of students at age 14; however, this information is not always documented on the Transition Planning Form (TPF 28M/9). When Transition Planning Forms are present in records, all sections are not consistently completed. Develop a sample of approximately 10-15 special education students ages 14-18 with IEP development activities between January 2013 and April 2013. Review the students’ special education records for evidence of consistent use and completion of the Transition Planning Form (TPF 28M/9). Based on the results of this analysis, provide the district’s determination of the root cause(s) of the noncompliance, the steps the district proposes to take to correct the root cause(s), and a timeline for the implementation of those corrections. PI Student Record Review Record review also demonstrated that the school documents annual transition updates using a form entitled the Academic Achievement/Functional Performance Form. Conduct a second review of student records. Select a sample of 8-10 student records drawn from students between 14 and 18 years old who had IEP development meetings after the implementation of all corrective actions for evidence that 1) the Transition Planning Form is used and 2) all parts of the form are appropriately completed. *Please note when conducting internal monitoring that the district must maintain the Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 10 of 17 (b) Progress Report Due Date(s) and Required Elements Submit the results of the analysis conducted of records for students ages 14-18 with IEP development meetings between January 2013 and April 2013. Include a description of the root cause analysis, the steps taken to correct the noncompliance, and the associated timelines. This progress report is due October 28, 2013. Submit the results of the second review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in Criterion SE 13 Progress reports and content SE 18B Determination of placement; provision of IEP to parent Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review PI Staff Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements following 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). compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the noncompliance. This progress report is due March 3, 2014. Please develop a protocol to ensure that all proposed IEPs are signed by a district representative before they are mailed out and parents are sent two (2) copies of the proposed IEP. The protocol must include a method of documenting the provision of two copies of the proposed IEP in the student record. Submit a copy of the revised procedures. A review of the student records indicated that progress reports consistently address the student’s progress toward the annual goals of the IEP. A review of student records and interviews indicated the school consistently sends parents a required Notice of Proposed School District Action (N1) with the proposed IEP and proposed placement. However, record review also demonstrated that the Please develop an internal system of Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 11 of 17 Submit the description of the oversight system and identify the person(s) responsible for the oversight, 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 parents are not sent two (2) copies of the proposed IEP and proposed placement following the development of the IEP. supervisory oversight and periodic reviews to ensure that proposed IEPs are signed by the LEA representative before sent to parents and that two copies of the proposed IEP are mailed out. Record review also demonstrated that a school representative does not sign the IEP before it is proposed to the parent. Therefore, the school routinely obtains the parent’s signed acceptance of the proposed IEP before the IEP is signed by the authorized school representative. Please identify the person(s) responsible by name and title for this internal monitoring and ensure that they are aware of their responsibilities. Please conduct a student record review of 15 records for evidence that proposed IEPs are signed before they are sent out and two copies are mailed to parents. This sample must be drawn from records of students whose IEP development meetings were convened after implementation of all corrective actions. *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) Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 12 of 17 (b) Progress Report Due Date(s) and Required Elements including the date of the system’s implementation and evidence that staff members have been made aware of their responsibilities. This progress report is due by October 28, 2013. Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the 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 Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 24 Notice to parent Staff Interviews Student Record Review A review of the student records indicated that the narrative description in the Notice of Proposed School District Action (N1) consistently contains sufficient detail of the school’s actions. Record review demonstrated that notices accompanying proposed evaluations contain complete information on the reason for the referral, any rejected options considered by the school, the evaluations and tests proposed by the district, additional relevant factors for the evaluation, and the district’s next steps. Record review and staff interviews also demonstrated that the Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 13 of 17 (b) Progress Report Due Date(s) and Required Elements This progress report is due March 3, 2014. 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 school consistently provides notices to parents when proposing an initial evaluation or re-evaluation or an IEP and placement. SE 32 Parent advisory council for special education Document Review Interviews A review of the documentation and interviews indicated that the special education parent advisory council (PAC) has officers and by-laws for officers and operational procedures. Document review demonstrated that workshops on the rights of students and their parents and guardians under state and federal special education laws were conducted for the current school year and annually. In addition, interviews indicated that PAC duties include advising the school on matters that pertain to the education and safety of students with disabilities. Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 14 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 PAC members meet regularly with school officials and participate in the planning, development, and evaluation of the school school’s special education programs. SE 45 Procedures for suspension up to 10 days and after 10 days PI Document Review Document review indicated that the school has a written procedure for the discipline of students with disabilities in its student handbook. However, this policy does not address suspensions up to and after 10 days. Review and revise the district’s discipline policy to include the suspension of students with disabilities up to and after 10 days; this must include a review of the high school handbook discipline policy for students with disabilities. Please provide one training on all indicated elements of the school’s revised policy for disciplining students with disabilities to all appropriate personnel, including the school’s administration and IEP Team chairpersons. This training should include the following three areas of the district’s revised policy: 1) procedures for suspension up to 10 days and after 10 days (SE 45); 2) procedures for suspension of Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 15 of 17 Submit the revised discipline policy and evidence of staff training, including signed attendance sheets with the name and role of the staff member, agendas, and the training materials by October 28, 2013. If the district will not have this revised information ready for the publication of its 2013-2014 handbook, please provide a plan for distributing the Criterion SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or exceed 10 cumulative days Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Document Review Basis of Determination about Criterion Document review indicated that the school has a written procedure for the discipline of students with disabilities in its student handbook. However, this policy does not address procedures for suspension of students with disabilities when suspensions exceed 10 consecutive or 10 cumulative school days or include the requirement to hold a manifestation determination for a student prior to a suspension that constitutes a change in placement. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements students with disabilities when suspensions exceed 10 consecutive school days or exceed 10 cumulative days (SE 46); and 3) procedural requirements applied to students not yet determined to be eligible for special education (SE 47). revised disciplinary policy to families of students. Review and revise the district’s discipline policy to include the suspension of students with disabilities when suspensions exceed 10 consecutive or cumulative school days; this must include a review of the high school handbook discipline policy for students with disabilities. See required submission of staff training documentation for SE 45. Please see training requirement described for SE 45. This progress report is due by October 28, 2013. If the district will not have this revised information ready for the publication of its 2013-2014 handbook, please provide a plan for distributing the revised disciplinary policy to families of students. This progress Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 16 of 17 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements report is due by October 28, 2013. SE 47 Procedural requirements applied to students not yet determined to be eligible for special education NI Document Review Document review indicated that the school does not have procedures that apply to disciplining students not yet determined to be eligible for special education. Review and revise the district’s discipline policy to include the suspension of students with disabilities not yet determined to be eligible for special education; this must include a review of the high school handbook discipline policy for students with disabilities. Please see training requirement described for SE 45. See required submission of staff training documentation for SE 45. If the district will not have this revised information ready for the publication of its 2013-2014 handbook, please provide a plan for distributing the revised disciplinary policy to families of students. This progress report is due by October 28, 2013. Nashoba Valley Technical High School Coordinated Program Review Mid-cycle Report September 24, 2013 Page 17 of 17 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW Nashoba Valley Technical High School 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