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 August 23, 2010 Keven Andrews, Charter School Leader Neighborhood House Charter School 21 Queen Street Dorchester, MA 02122 Re: Mid-cycle Report Dear Mr. Andrews: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the Mid-cycle Review conducted in your district in April 2010. In this Midcycle 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: staff interviews, review of student records, examination of documentation, and/or classroom observation. The Department found one or more of the criteria monitored in your district to be “Partially Implemented” or “Not Implemented.” In all instances where noncompliance has been 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 September 10, 2010. 1 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 Thomas Taylor at (781) 338-3726. Sincerely, Thomas Taylor, 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 Dean Paolillo, Supervisor, Program Quality Assurance Services Fredrick Whittmann, Board of Trustees, Chairperson Ellie Rounds, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Neighborhood House Charter School Dates of the Mid-cycle Review Onsite: April 28, 2010 Date of this Report: August 23, 2010 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 3 Special requirements for the determination of specific learning disability Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Student Record Review Basis of Determination about Criterion Student records indicated that when the district identified a student as having a specific learning disability, the IEP Team did not always create a written determination, which was subsequently signed by all members of the IEP Team. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please provide appropriate staff with training on the implementation of the Specific Learning Disability (SLD) determination process and forms consistent with the requirements of this criterion. In addition, after the completion of the staff training, Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 1 of 12 (b) Progress Report Due Date(s) and Required Elements Please submit a copy of the agenda and sign-in sheets for the training by October 4, 2010. Please conduct a review of student records for those students identified as SLD, 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 the district must conduct internal monitoring of a sample of student records to determine that the district is compliant with the requirements of this criterion. * Please note when conducting internal monitoring that district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 2 of 12 (b) Progress Report Due Date(s) and Required Elements subsequent to the training, to ensure the completion of the written certification by the IEP Team. Please submit the results to include the number of records reviewed, the name and role of the reviewer, the number of records found to be compliant, the root cause of any identified noncompliance and any additional steps taken to address continued noncompliance. This progress report is due December 20, 2010. Criterion SE 52A Registration of educational interpreters Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation At present, NHCS does not have any students in need of interpreting services for the deaf or hard of hearing. However, if needed the school stated their commitment to subcontract for an educational interpreter registered with the Massachusetts Commission for the Deaf and Hard of Hearing. 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 SE 1 Assessments are appropriately selected and interpreted for students referred for evaluation Student Record Review & Interviews The Home Language Survey is reviewed before conducting assessments. If needed, the school subcontracts for a qualified and trained individual to ensure the student is assessed in the appropriate language to ensure accurate results. The records indicated the recent evaluation of a student in Spanish. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 3 of 12 (b) Progress Report Due Date(s) and Required Elements SE 2 Required and optional assessments SE 9 Timelines for determination of eligibility and provision of documentation to the parent(s) Student Record Review & Interviews PI Student Record Review & Interviews Assessments are completed after receiving parent consent. NHCS uses a checklist to monitor timelines. The Special Education Policy Manual addresses the use of the checklist and educational assessments. The 45-day timeline for convening the IEP Team meeting for initial and reevaluation meetings is not consistently met. Post-training and after initiating corrective action, please review ten student records for the timeline checklist and parent contact log and forward the results to the Department. Please provide evidence of the staff training. Please provide the results of the school’s analysis of the root cause of continued noncompliance and indicate the actions taken to address the identified concerns. Please provide this corrective action to the Department by October 4, 2010. * Please note when conducting internal monitoring that district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of Please conduct a review of 10 student records, subsequent to the training, to ensure the IEP Team meeting is held within the timelines. Please submit the results Please review with appropriate staff the requirements for convening the IEP Team within 45 school working days. Please identify the root cause of noncompliance with this criterion, and the charter school’s specific actions taken to address this area of noncompliance. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 4 of 12 person(s) who conducted the review, their role(s), and signature(s). SE 9A Elements of eligibility determination; general education accommodations and services for ineligible students Student Record Review, Documentation Review & Interviews The student record review and staff interviews indicated that re-evaluations are conducted before determining a student is no longer eligible for special education services. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 5 of 12 to include the number of records reviewed, the name and role of the reviewer, the number of records found to be compliant, the root cause of any identified noncompliance and any additional steps taken to address continued noncompliance. This progress report is due December 20, 2010. SE 11 School district response to parent request for an independent educational evaluation SE 12 Frequency of reevaluation SE 14 Review and revision of IEPs Documentation Review & Interviews Student Record Review, Documentation Review & Staff Interviews PI Student Record Review The NHCS Special Education Policy Manual addresses the issue of independent evaluations for income eligible parents. The policy manual also addresses the right to proceed to the Bureau of Special Education Appeals. Please see SE 9A. The student record review indicated that Annual IEP Team meetings are not consistently held on or before the anniversary date. Please review with appropriate staff the timeline requirements for conducting an annual review. Please identify the root cause of noncompliance with this criterion, and the charter school’s specific actions taken to address this area of noncompliance. Please review ten student records to ensure meetings were held within the timelines and for evidence of the IEP Team member sign-in sheet. Please Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 6 of 12 Please provide evidence of the staff training. Please provide the results of the school’s analysis of the root cause of continued noncompliance and indicate the actions taken to address why annual reviews are not held in a timely manner. Please provide this forward the results to the Department. * Please note when conducting internal monitoring that district must maintain the following documentation and make it available to the Department upon request: a) List of the student names and grade level for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, their role(s), and signature(s). SE 18A IEP development Student Record Review The Service Delivery Grid reflects the services proposed by the IEP Team. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 7 of 12 corrective action to the Department by October 4, 2010. Please conduct a review of 10 student records, subsequent to the training, to ensure the IEP Team annual review meeting is held in a timely manner. Please submit the results to include the number of records reviewed, the name and role of the reviewer, the number of records found to be compliant, the root cause of any identified noncompliance and any additional steps taken to address continued noncompliance. This progress report is due December 20, 2010. & Interviews and content SE 18B Determination of placement; provision of IEP to parent(s) Student Record Review & Staff Interviews The student record review indicated that the IEP Team determines placement at the IEP Team meeting. A review of the IEP placement forms verified that parents provide their consent to the IEP placement. SE 20 Least restrictive program selected Student Record Review & Staff Interviews IEPs are developed by the IEP Team and placement is determined consistent with the student’s needs. Interviews indicated an increased effort to minimize pullout services and increase inclusionary practices. SE 22 IEP implementation and availability Student Record Review, Documentation Review & Interviews The record review indicated in an instance of interrupted service, the parents received a written notice regarding the interruption of services and an offer of compensatory services. The student record review verified the receipt of compensatory services. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 8 of 12 SE 24 Notice to parent(s) regarding proposal or refusal to initiate or change the identification,, evaluation or educational placement of the student or the provision of FAPE SE 25 Parent consent SE 29 Communications are in English and the primary language of the home PI Student Record Review, Documentation Review & Interviews The Special Education Policy Manual addresses the use of the evaluation consent form. NHCS does not require a parent to send in a written request for an evaluation consent form. The timeline checklist verified that evaluation consent forms are sent to parents within five school days of the request. Student Record Review & Interviews The student record review and staff interviews indicated that the charter school does not begin evaluating the student until parent consent is received by the school. Student Record Review, Documentation Review & Interviews The charter school does not have a written policy or procedure to address this potential need. Please provide the Department with a policy and procedure for addressing the need for communications in the primary language of the home and evidence of staff training on the school’s policy. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 9 of 12 Please submit the school’s policy and evidence that the appropriate staff were trained on the school’s procedures for ensuring translated communications are provided to parents. This progress report is due October 4, 2010. SE 34 Continuum of alternative services and placements SE 36 IEP implementation, accountability and financial responsibility Student Record Review & Interviews At present, NHCS does not have any students placed in a sub-separate program or requiring a sub-separate program or services for which the school has not provided the appropriate services and placement. Student Record Review & Documentation Review NHCS uses a third party payment system for counseling services. NHCS has a parent consent form that is used when accessing third party payments. Student Record Review & Interviews All staff members are trained on the use and purpose of functional behavioral assessments and conducting manifestation determinations. Behavior intervention plans are developed when appropriate. Documentation Review & The policy and procedures for students with disabilities suspended for up to 10 days and SE 43 Behavior interventions SE 45 Procedures for suspensions up Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 10 of 12 to 10 days and after 10 days; general requirements Staff Interviews after 10 days was evident in the Family Handbook. The charter school ensures students continue to receive a free and appropriate public education (FAPE). SE 46 Procedures for suspensions of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for Suspensions exceeding 10 cumulative days; responsibilities of the IEP Team; responsibilities of the district Document Review & Interviews The Family Handbook addresses the procedures for suspensions of students with disabilities. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 11 of 12 PI SE 47 Procedure requirements applied to students not yet determined to be eligible for special education Documentation Review & Interviews The procedures for students not yet determined eligible for services facing disciplinary action are not stated in the Family Handbook or Special Education Manual. Staff interviews, however, indicated familiarity with the procedures. Please forward to the Department a copy of the procedure that addresses requirements for students not yet determined to be eligible for special education, who face disciplinary action. The procedure should be inserted in the Family Handbook which is used as the school’s student handbook and Special Education Policy Manual. All staff members must be made aware of these procedures. Please submit a copy of the Family Handbook and a copy of the Special Education Policy Manual pages that highlight procedural requirements for students not yet determined to be eligible for special education. Please provide evidence of staff training on the new procedures. Evidence should include the name of the presenter, the agenda and copies of staff attendance sheets. Please submit these progress reports elements by October 4, 2010. SE 49 Related services Student Record Review & Staff Interviews Students are receiving the related services specified on their IEPs; in addition please see SE 22. Neighborhood House Charter School Coordinated Program Review Mid-cycle Report August 23, 2010 Page 12 of 12 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Neighborhood House Charter 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