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 2, 2008 Michael Gradone, Superintendent Nauset Regional School District 78 Eldredge Pkwy Orleans, MA 02653 Re: Mid-cycle Report Dear Superintendent Gradone: 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 September 25, 2005. The Midcycle 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 July 21, 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 781-338-3725. 1 Sincerely, Emily Wood, 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 Rick Wood, Regional School Committee Chairperson Ann Caretti, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Nauset Regional School District Date of Coordinated Program Review (CPR) Final Report: September 22, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: January 9, 2006 Dates of Corrective Action Plan Progress Reports: February 28, 2006, May 30, 2006, April 2, 2007, June 4, 2007 Dates of this Mid-cycle Review Onsite Visit: June 2 – June 4, 2008 Date of this Report: July 2, 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 Student records and staff interviews Staff interviews indicate that the former elementary school psychologist operating without a current license is no longer working for the district. A new psychologist, with current credentials, is employed at the elementary school. SE 2 Required and optional assessments Partial Corrective Action Not Implemented or Not Effective or New Issues Identified 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 Student record review indicates that information required for educational assessments is not included in the educational assessment forms used by the district. The district will develop and utilize a form that contains the required educational assessment information. The district will also train staff responsible for completing the new assessment forms. Please submit to the Department documentation of this training, Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 1 of 17 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 including a signed attendance sheet and meeting agenda by September 5, 2008. In addition, after the staff training, please conduct an internal monitoring of the district’s compliance with this criterion. Provide the Department the results of the monitoring activities, including: a summary report of the number of records reviewed at each level (preschool, elementary and secondary), the rate of compliance, and the steps the district will take to address areas of noncompliance. Submit this information to the Department by December 12, 2008. SE 7 Transfer of parental rights at age of majority and student participation and consent at the age Student records and staff interviews Record review indicates that the school district consistently documents in the student record a student’s decisionmaking rights at the age of majority. Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 2 of 17 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 and staff interviews Record review indicates that a representative of the school district who has the authority to commit the resources of the district is consistently present at Team meetings. Staff interviews and documentation review indicates that the district provides an independent educational evaluation when requested by the parent. In addition, the district has procedures to offer parents the option of participating in an income eligibility program for free or reduced cost independent educational evaluations. Record review indicates that progress reports consistently included information regarding students’ progress towards goals and benchmarks. Also, reports always indicated whether or not progress was sufficient for the student to 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 Record review indicates that progress reports do not always contain all of the students’ IEP goals. Some progress reports were missing numbers and dates and contracted providers were not using The district will train staff members responsible for writing and submitting progress reports to ensure compliance with this criterion. Please submit to the Department documentation of this training, including a signed of majority SE 8 IEP Team Composition and Attendance SE 11 School district response to parental request for independent educational evaluation SE 13 Progress Reports and Content Partial Document review and staff interviews Student record review Partial Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 3 of 17 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 achieve the goal by the end of the IEP period. SE 18A IEP Development and Content Partial Student record review Record review indicates that goals are consistently updated from year to year and amendments to IEPs are developed during a Team meeting. 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 mandated form. attendance sheet and meeting agenda by September 5, 2008. Student record review indicates that the agerelated considerations portion of the Present Levels of Educational Performance (PLEP) section B are not always completed, when Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 4 of 17 In addition, after the staff training, please conduct internal monitoring of the district’s compliance with this criterion. Provide the Department the results of the monitoring activities, including: a summary report of the number of records reviewed at each level (preschool, elementary and secondary), the rate of compliance, and the steps the district will take to address areas of noncompliance. Submit this information to the Department by December 12, 2008. The district will train staff members responsible for chairing Team meetings and developing student’s IEPs to ensure compliance with this criterion. Please submit to the Department documentation of this training including a signed 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 18B Determination of placement; provision of IEP to parent Partial Student record review and staff interviews Corrective Action Not Implemented or Not Effective or New Issues Identified Notice forms provided by the district, upon the determination of placement, contain individualized information and address the mandated questions. 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 appropriate. attendance sheet and meeting agenda by September 5, 2008. Record review and interviews indicate that the district does not always provide the parent with the proposed IEP and proposed placement within the required time frame. For more Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 5 of 17 In addition, after the staff training, please conduct internal monitoring of the district’s compliance with this criterion. Provide the Department the results of the monitoring activities, including: a summary report of the number of records reviewed at each level (preschool, elementary and secondary), the rate of compliance, and the steps the district will take to address areas of noncompliance. Submit this information to the Department by December 12, 2008. The district must develop a tracking system to monitor compliance with this criterion. Provide a detailed description of this monitoring system and identify individual(s) responsible for conducting internal monitoring at each 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 information please see: http://www.doe.mass.edu/ news/news.asp?id=3182. building in the district to the Department by September 5, 2008. Please provide the Department the results of the monitoring activities, including: a summary report of the number of records reviewed at each level (preschool, elementary and secondary), the rate of compliance, and the steps the district will take to address areas of noncompliance. Submit this information to the Department by December 12, 2008. SE 19 Extended Evaluation SE 20 Least Restrictive Program Selected Student record review and staff interviews Student record review and staff interviews Record review indicates that when the district conducts extended evaluations, the Team meets to discuss the findings of the extended evaluation at the conclusion of the extended evaluation period. The school district is committed to providing inclusion for all students. The district is responsive to the individual needs of the student, Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 6 of 17 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 24 Notice to Parent Student record review SE 25 Parental Request Partial Student record review Corrective Action Not Implemented or Not Effective or New Issues Identified evident in the highly individualized nonparticipation justification statements the onsite team observed. Record review indicates that the school district uses the mandated forms and N1s contain all the required information. Record review indicates that parents consistently sign and date the students’ IEP and PL 1 and, if appropriate, indicate if they have accepted or rejected the proposed IEP or placement. 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 Student record review indicates that not all evaluations that have been consented to by parents are completed. In some instances, evaluations have been completed before receiving parental consent. The district must develop a tracking system to monitor compliance with this criterion. Provide a detailed description of this monitoring system and identify individual(s) responsible for conducting internal monitoring at each building in the district to the Department by September 5, 2008. Please provide the Department the results of the monitoring activities, including: a summary report of the number of records reviewed at each level (preschool, elementary and secondary), the rate of compliance, and the steps the Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 7 of 17 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 district will take to address areas of noncompliance. Submit this information to the Department by December 12, 2008. SE 29 Communications are in English and primary language of home SE 49 Related Services SE 51 Special Education Certification Partial Student record review and staff interviews Documentation and interviews indicate that the district uses interpreters to communicate information to parents who speak a language other than English and parents receive students’ IEPs and other notices in the primary language of the home. Student record review and staff interviews Record review and staff interviews indicate that students receive counseling services when accepted by the parent. Also, a staff member at the middle school is trained to provide counseling to students who require those services. Documentation review and interviews indicate that all special education teachers at the elementary and high school level are appropriately certified. Staff interviews and document review Partial Documentation review indicates that a special education teacher employed at the middle school has an expired license and is not Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 8 of 17 The district will provide the procedure for tracking teachers’ certification and licensure status and the process for sending notices to staff members when a license 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 52 Appropriate certifications/lice nses or other credentials Partial Staff interviews and document review Corrective Action Not Implemented or Not Effective or New Issues Identified Interviews indicate that all special education service providers are appropriately licensed and certified. 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 operating under a DESE approved waiver. approaches expiration. Documentation indicates that a speech and language pathologist employed by the school district does not have a current Massachusetts license in that area. In addition, the district will train staff members responsible for applying for a DESE approved waiver to ensure compliance with this criterion. Please submit this information to the Department as well as documentation of this training, including a signed attendance sheet and meeting agenda, by September 5, 2008. The school district will submit their procedure for ensuring related service providers have appropriate Massachusetts certification and licensure upon hire. The district will also provide the procedure for tracking related service providers’ certification and licensure status and the process for sending notices to staff members when a license approaches expiration. In addition, the speech and language pathologist will apply Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 9 of 17 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 for a Massachusetts license. Until a Massachusetts license is acquired, the district will ensure a licensed speech and language pathologist supervises the service provider and co-signs all reports. Please submit this information to the Department as well as documentation of the application for a MA SLP license and the supervision provided to the speech therapist by September 5, 2008. SE 55 Special Education Facilities and Classrooms Classroom observations and building tours Building tours and classroom observations indicate that all signage denoting spaces for special education classrooms and services at the elementary, middle and high school level have been removed or covered. An elevator has been installed at Stoneybrook Elementary to ensure students can access the stage and all bathrooms and doors have been remodeled to make them accessible to all students. At Wellfleet Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 10 of 17 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 Elementary, special education classrooms are dispersed throughout the school to ensure the inclusion of these students with age appropriate peers. The occupational therapy room at Eastham Elementary is equal in respect to the size and condition of regular education settings. At the high school, two substantially separate classrooms are located in different buildings of the school and there is a bathroom in each building that is handicapped accessible. The boys and girls locker rooms are not handicapped accessible but students are provided access to the fitness center bathrooms, which are accessible and adjacent to the gym. SE 56 Special Education Programs and Services are Evaluated Document review The district submitted a program evaluation from 20052006 and 2006-2007. The evaluation included information regarding referrals to special education based on Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 11 of 17 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 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 gender. The evaluation from 2005-2006 focused on transition and graduation rates among high school special education students. 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 Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Student record review Record review indicates that the school district documents the determination of a student with SLD and has all Team members sign the determination. Student record review Record review indicates that the school district consistently discusses transition concerns Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 12 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Services SE 8 IEP Team Composition and Attendance SE 12 Frequency of re-evaluation SE 13 Progress Reports and content SE 14 Annual Review and Amendments Student records and staff interviews Student record review and staff interviews Basis of Determination that Criterion was Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Record review and interviews indicate that amendments are used to extend the dates of an IEP at the high school level. The school district does not consistently meet the annual review date for all IEPs. The district will train staff members responsible for chairing annual reviews and will develop an annual review tracking system to ensure compliance with this criterion. when the student turns 15 years old and the Transition Planning Form is updated annually. Record review indicates that a representative of the school district who has the authority to commit the resources of the district is consistently present at Team meetings. Record review and interviews indicate that the district has a system in place to track and ensure three-year reevaluations are completed in the required time frame. See comments in above section Partial Criterion Partially Implemented or Not Implemented See comments in above section Student record review and staff interviews Record review and interviews indicate that although the district does not always meet the annual review timeline, all required Team members attend annual review meetings and IEPs are revised and reevaluations are considered, when appropriate. Partial Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 13 of 17 Please submit to the Department documentation of this training including a signed attendance sheet and meeting agenda. Also, provide a 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 detailed description of the monitoring system, along with the individual(s) in charge of this tracking system by September 5, 2008. In addition, after the staff training, please conduct internal monitoring of the district’s compliance with this criterion. Provide the Department the results of the monitoring activities, including: a summary report of the number of records reviewed at each level (elementary, preschool and secondary), the rate of compliance, and the steps the district will take to address areas of noncompliance. Submit this information to the Department by December 12, 2008. SE 25B Resolution of disputes Document review Documentation review indicates that the school district has a policy in place for resolving disputes that is consistent with the requirements. A resolution agreement from June 2007, reviewed by the Department, contains the required language Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 14 of 17 Criterion Number and Topic SE 33 Involvement in the General Curriculum SE 39A Procedures for services to eligible private school students whose parents reside in the district Criterion Implemented Method(s) of Verification Student record review and staff interviews Document review and staff interviews 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 procedures. Record review and staff interviews indicate that the school district consistently documents on the IEP the student’s participation in the general curriculum. Regular education teachers familiar with the Massachusetts Curriculum Frameworks are regularly present for Team meetings. The district conducts child-find activities within the region for all students who are enrolled in private schools. The district communicates annually with private schools within the region and arranges for the provision of special education services when necessary. (SE 39A does not apply to charter schools or vocational schools) Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 15 of 17 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 39B does not apply to charter schools or vocational schools) SE 46 Procedures for suspension of students with disabilities more than 10 days SE 52 Appropriate certifications/ licenses or other credentials – related service providers Criterion Implemented Partial Partial Method(s) of Verification Basis of Determination that Criterion was Implemented Document review and staff interviews The district conducts child-find activities within the region for all students whose parents reside out of state and are enrolled in private schools. The district communicates annually with private schools within the region and arranges for the provision of special education services when necessary. Document review Documentation review indicates that student handbooks contain the required information regarding the procedures for suspending students on IEPs for more than 10 days. Document review and staff interviews Interviews indicate that all special education service providers are appropriately licensed and certified. Criterion Partially Implemented or Not Implemented Partial Partial Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting The high school handbook discipline procedure does not include students on 504 plans. The district will amend the procedure for disciplining students with disabilities to include students on 504 Accommodation Plans. Please submit to the Department the revised high school handbook by September 5, 2008. The sign language interpreter will register through the MCDHH before the beginning of the school year. Please provide documentation of this registration to the Department by September 5, 2008. Documentation review indicates a sign language interpreter at the high school is not registered through the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH). Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 16 of 17 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 (to be reviewed only with 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 Basis of Determination that Corrective Action was Implemented and has been Effective Staff interviews and documentation review Limited English Proficient (LEP) students have full access to all programs and participate with age appropriate peers. Interviews indicate that LEP students at the middle school receive counseling services in the primary language of the home, when appropriate. 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 Nauset Regional School District Coordinated Program Review Mid-cycle Report July 2, 2008 Page 17 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements