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 25, 2008 Daniel E. Gutekanst, Superintendent Needham Public Schools 1330 Highland Avenue Needham, MA 02492 Re: Mid-cycle Report Dear Superintendent Gutekanst: 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 December 5, 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 1 implemented by your district within the timelines specified in the report. You must submit your statement of assurance to me by August 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 781338-3722. Sincerely, Susan D. Nichols, 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 Michael Greis, School Committee Chairperson Chris Brumbach, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Needham Public School District Date of Coordinated Program Review (CPR) Final Report: December 5, 2005 Date Coordinated Program Review Corrective Action Approved: April 4, 2006 Dates of Corrective Action Plan Progress Reports: July 15, 2006; September 20, 2006; November 17, 2006; April 20, 2007 Dates of this Mid-cycle Review Onsite Visit: May 19-20, 2008 Date of this Report: July 25, 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 2 Required and optional assessments Partial Record review Interviews Documentation A review of documentation, student records and interviews indicated that evaluation consent forms now contain a listing of all required assessments. The district routinely makes 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 A review of the student records indicated that Educational Assessments part A and B do not contain all the required information. For example, a history of the student’s educational progress, The district will conduct training with special education staff on completing Educational Assessments Part A and B. The district will also conduct training with appropriate middle and high school special education staff Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 1 of 17 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 assessment reports available prior to the IEP meeting. 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 current teacher knowledge, and a complete narrative description of the student’s educational and developmental potential, were not always included. on conducting re-evaluations that include all areas of the disability. Re-evaluations conducted at the middle school and high school do not consistently include all areas of the disability. Submit an agenda and signed attendance sheet to the Department by October 30, 2008. Develop an internal oversight and tracking system to ensure that Educational Assessments Part A and B are completed, and that re-evaluations conducted at the middle school and high school include all areas of the student’s disability. Submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight. Submit this information to the Department by October 30, 2008. Subsequent to the training, conduct an internal review to Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 2 of 17 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 ensure compliance with this criterion. Report on the following: The number of records reviewed. The number of records in compliance with this criterion for Educational Assessments Part A and B. Number of records in compliance with reevaluations including all areas of the disability at the middle school and high school. Specific corrective action(s) taken if noncompliance was identified. Submit this report to the Department by January 26, 2009. SE 4 Reports of assessment results Record review Interviews Documentation A review of the documentation, student records and interviews indicated that assessment reports contain a summary of the results and diagnostic impressions. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 3 of 17 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 7 Transfer of parental rights and age of majority SE 11 Independent educational evaluation Record review Interviews Documentation Record review Interviews Documentation SE 18B Determination of placement; provision of IEP to parent 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 A review of the documentation and interviews indicated that the district is providing notices of age of majority prior to the student’s 18th birthday. A review of the documentation, student records and interviews indicated that the district has a policy and procedures regarding independent educational evaluations and is responding to parents’ requests appropriately. A review of the documentation, student records and interviews indicated that parents are leaving IEP Team meetings with written summaries and a copy of the service delivery grid, and are being sent the completed IEP within required timeframes. The IEP service delivery grids contain specific information to identify which service providers are providing direct services. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 4 of 17 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 Record review Interviews Documentation SE 20 LRE Partial Record review Interviews A review of the documentation, student records and interviews indicated that the district has a policy and procedures related to extended evaluations and is appropriately conducting extended evaluations. A review of the student records and interviews indicated that IEP Teams are considering and selecting the least restrictive environment for students, as appropriate. 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 A review of the student records indicated that in some cases, IEP Nonparticipation Justification statements do not adequately address the reasons students are separated from their nondisabled peers during instructional times. Develop an internal oversight and tracking system to ensure that IEP Nonparticipation Justification statements address the reasons students are removed from the general education classroom. Submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight. Submit this information to the Department by October 30, 2008. Conduct an internal review and report on the following: The number of records reviewed and schools from which the records were selected. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 5 of 17 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 number of records found in compliance with this criterion. Specific corrective action(s) taken to address any noncompliance found. Submit this report by January 26, 2009. SE 44 Procedure for recording suspensions Interviews Documentation A review of the documentation and interviews indicated that each building in the district has a procedure to record and track the number and duration of suspensions. Chairpersons have access to this information and monitor suspensions of special education students. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 6 of 17 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 Criterion Implemented Method(s) of Verification Record review 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 A review of student records and interviews indicated that the district implements appropriate procedures for determination of specific learning disabilities. When a student suspected of having a specific learning disability is evaluated, the Team creates a written determination as to whether or not he or she has a specific learning disability, which is signed by all members of the Team, or if there is disagreement as to the determination, one or more Team members document their disagreement. The district is aware of the new forms for determining specific learning disabilities, which will be required next year. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 7 of 17 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 SE 6 ##1 - 3 Determination of Transition Services Partial Documentation A review of the documentation, interviews and student records indicated that IEP Teams are determining the transition needs of students. Partial Record Review Interviews Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting A review of the student records indicated that the district is not consistent in its use of the mandated Transition Planning form by age 15. Some plans did not contain all of the required information and plans were not reviewed and updated annually. Develop an internal oversight and tracking system to ensure that the district consistently uses the Transition Planning Form and that these forms are updated annually. Submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight. Submit this information to the Department by October 30, 2008. Conduct an internal review and report to the Department on the following: The number of records reviewed. The number of records found to be in compliance with the use and completeness of Transition Planning Forms. Specific corrective action(s) taken for any non-compliance found. Submit this report to the Department by January 26, 2009. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 8 of 17 Criterion Number and Topic Criterion Implemented Method(s) of Verification SE 8 IEP Team composition and attendance Record review SE 12 Frequency of re-evaluation SE 13 Progress Reports and content Partial Interviews Record Review Interviews Record review Documentation 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 Required Corrective Action, Timelines for Implementation, and Progress Reporting The academic achievement and functional performance summaries did not include recommendations on how to assist the student in meeting his or her post secondary goals. The district must submit a description of its local procedures to monitor the content and provision of academic achievement and functional performance summaries to include recommendations on how to assist the student in meeting his or her post secondary goals. Submit this information to the Department by October 30, 2008. A review of the student records and interviews indicated that IEP Teams include the required members. The district follows appropriate procedures for excusing Team members from meetings. A review of the student records and interviews indicated that re-evaluations are conducted in a timely manner and as appropriate, including before finding a student no longer eligible for special education. Interviews indicated that progress reports contain the required information and are issued with the required frequency. A review of the documentation and student records indicated that the district is providing a summary of academic achievement and functional performance. Partial Conduct an internal review and Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 9 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 report to the Department on the following: The number of records reviewed. The number of records found to be in compliance with the use and completeness of Transition Planning Forms. Specific corrective action(s) taken for any non-compliance found. Submit this report to the Department by January 26, 2009. SE 14 Review and revision of IEPs Documentation Record review Interviews SE 25B Resolution of disputes Documentation Record Review Interviews A review of student records, documentation and interviews indicated that IEP Teams are reviewing IEPs at least annually and IEPs are revised appropriately through amendments. A review of the student records, documentation and interviews indicated that within 15 days of receiving notice that a parent has made an official hearing request to Special Education Appeals, Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 10 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 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. SE 33 Involvement in the General Curriculum Record Review Documentation Interviews SE 39A Procedures for services to eligible private school students whose parents reside in the district Documentation Interviews A review of student records, documentation and interviews indicated that district personnel understand the rights of students with disabilities to be full participants in the general curriculum. The district is documenting the student’s participation in the general curriculum in the IEP. A review of documentation and interviews indicated that the district has appropriate procedures to provide services to eligible private school students and is conducting child find. The district submitted a copy of its proportionate share worksheet that includes a calculation of the proportionate share of Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 11 of 17 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 Federal Special Education Entitlement funds (Fund Code 240). SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state N/A SE 46 Procedures for suspension of students with disabilities more than 10 days SE 52 Appropriate certifications/ licenses or other credentials – related service providers N/A A review of the documentation and interviews indicated that the district is currently not serving any private school students whose parents reside out of state. Documentation Record Review Interviews A review of student records, documentation and interviews indicated that the district has appropriate procedures for the suspension of students with disabilities for more than ten days. The district currently has no providers of interpreting services. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 12 of 17 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 (to be reviewed only with respect to providers of interpreting services) 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 Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented SE 9 Eligibility determination/ timelines Partial Record review A review of student records indicated that the district is providing the IEP to parents within required timelines. Partial Interviews Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting A review of student records indicated that the school district is not consistently adhering to required timelines for eligibility, as psychological and educational assessments were not always completed within 30 days. Develop an internal oversight and tracking system to ensure that all required assessments are completed within required timelines. Submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight. Submit this information by October 30, 2008. Conduct an internal review and submit the following information to the Department: Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 13 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 The number of records reviewed after the oversight and tracking system was developed; The number of records found to be in compliance with eligibility timelines; Corrective action taken if any noncompliance was found. Submit the report to the Department by January 26, 2009. SE 18A IEP development and content Partial Record review The district develops an IEP at the Team meeting using the most current IEP format provided by the Department. Partial The review of student records indicated that in some instances, the district does not complete the Present Levels of Educational Performance B (PLEP B) when it is necessary to do so. The district will conduct training with special education staff on completing the Present Levels of Educational Performance B section of the IEP. Submit an agenda and signed attendance sheet to the Department by October 30, 2008. Submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight and for ensuring that IEPs are complete. Submit this information by October 30, 2008. Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 14 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 Conduct an internal review and submit the following information to the Department: The number of records examined with the specific schools noted. The rate of compliance with this criterion. Specific corrective action taken if noncompliance was identified. Submit this report by January 26, 2009. 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 Partial Record Review Interviews Record review demonstrated that the district provides notice to parents as required. Partial A review of student records indicated that the district’s notices of proposed school district action (N1 form) do not consistently explain what actions the district is proposing and why, what rejected options were considered and why, and evaluation procedures used as a basis for the proposal or other factors relevant to the district’s decisions, all of the content required by 34 CFR 300.503. The district will conduct training with special education staff on the required content of N1 notices. Submit an agenda and signed attendance sheet to the Department by October 30, 2008. Develop an internal oversight and tracking system to ensure compliance with this criterion and submit a description of the internal oversight and tracking system, including person(s) responsible for the oversight. Submit this information by October 30, 2008. The district will conduct an Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 15 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 internal review and report to the Department on the number of N1 forms reviewed, the number found to include all required information and any corrective action taken if noncompliance is found. Submit the results of the internal review by January 26, 2009. 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 Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective CR 7 Information to be translated into languages other than English Documentation A review of the documentation and interviews indicated that the district has procedures for the translation of forms and notices for students whose parents or guardians do not speak English. 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 Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 16 of 17 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 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements CR 10A Student handbooks and codes of conduct Partial Documentation A review of the documentation and interviews indicated that the district’s handbooks contain codes of conduct, procedures for accepting, investigating and resolving complaints alleging discrimination or harassment, and discipline procedures for students on IEPs. Partial The student code of conduct did not include appropriate procedures for the discipline of students with Section 504 Accommodation Plans. Submit a copy of the district’s procedures for the discipline of students with Section 504 Accommodation Plans, with a plan to ensure that this information is included in the student code of conduct by October 30, 2008. Interviews Needham Public Schools Coordinated Program Review Mid-cycle Report July 25, 2008 Page 17 of 17