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 July 27, 2010 Dr. V. James Marini, Superintendent Newton Public Schools 100 Walnut St. Newton, MA 02460 Re: Mid-cycle Report Dear Superintendent Marini: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the Mid-cycle Review conducted in your district on June 7&8, 2010. In this 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: 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 August 12, 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 Paul J. Aguiar at (781) 338-3781. Sincerely, Paul J. Aguiar, 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 Claire Sokoloff, Chairperson School Committee Dr. Judith Levin-Charns, Assistant Superintendent for Student Services Dean Paolillo, Supervisor, Metro-North Monitoring Team Encs: Mid-cycle Report Mid-cycle Progress Report form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Newton Public Schools Dates of the Mid-cycle Review Onsite: June 7 & 8, 2010 Date of this Report: July 27, 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 Criterion Implemented SE 52A Method(s) of Investigation Interviews & Student Records Documents & Interviews Determination of specific learning disability Registration of educational interpreters Criterion Partially Implemented (PI) or Not Implemented (NI) Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The review of student records and interviews indicated that the IEP Team produced a written determination as to whether the student has a specific learning disability, which was subsequently signed by all members of the IEP Team. At the time of the review, documentation and interviews indicated that the district had students enrolled who required an interpreter and the staff that Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 1 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 provided interpretive services was 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 Criterion Criterion Implemented SE 2 Student Records & Interviews Student Records & Required and Optional Assessments SE 6 Determination of Transition Services 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 review of student records and interviews indicated that the required educational assessments (educational history and teacher assessments) are completed and observation reports were placed in the student record in those instances where parents had signed consent for observations as part of the child’s evaluation. The review of student records and interviews indicated that the IEP Team discusses the student’s transition needs annually, Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 2 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 7 Criterion Implemented SE 8 Method(s) of Investigation Basis of Determination about Criterion Interviews beginning no later than when the student is 14 years old, and documents the discussion on the Transition Planning Form. Furthermore, interviews indicated that the IEP Team reviews the Transition Planning Form annually and updates information on the form and the IEP, as appropriate. The review of student records and interviews indicated that one year before the student reaches the age of majority, the district informs the student of his or her right at age 18 to make all decisions regarding his or her special education programs and services. The review of student records and interviews also indicated that upon reaching the age of 18, the school district implements procedures to obtain consent from the student to continue the student’s special education program. The review of student records and interviews indicated that the IEP Team chairpersons have the authority to commit the resources of the district and IEP Teams Student Records & Interviews Student Records & Interviews Transfer of parental rights at age of majority and student participation and consent at the age of majority IEP Team composition and attendance Criterion Partially Implemented (PI) or Not Implemented (NI) If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 3 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 SE 9 Timeline for determination of eligibility and provision of documentation to parent Student Records & Interviews SE 11 Student Records, Interviews & Documents School district response to parental request for independent educational evaluation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation include an individual who is knowledgeable about the availability of the resources of the district. Regular educators are present at IEP Team meetings and IEP Teams include a person qualified to interpret evaluation results. The district has procedures whereby parents can sign an excusal form to excuse IEP Team members from the meeting. The review of student records and interviews indicated that the district’s Teams met the 45-day timeline for completion of the eligibility process as well as completing evaluations within 30 school working days. Interviews and documentation indicated that parents are made aware of both federal and state regulations regarding their rights to independent evaluations. The review of student records and interviews indicated that special education staff members are aware of the district’s independent evaluation procedures. Documentation verified that the district’s Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 4 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion SE 12 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Student Records & Interviews Student Records & Frequency of re-evaluation SE 13 Method(s) of Investigation Progress Reports and Content Interviews SE 14 Review and Revision of IEPs SE 18A IEP Development and Content Student Records & Interviews PI Student Records & Interviews Basis of Determination about Criterion procedures follow both state and federal regulations. The review of student records and interviews indicated that reevaluations are completed in a timely manner, and are completed before finding a student ineligible for special education. The review of student records and interviews indicated that parents received reports on the student's progress toward reaching the goals set in the IEP as often as parents are informed of the progress of non-disabled students. The review of student records and interviews indicated that annual reviews are held before the expiration of IEPs. The review of student records indicated that when special education students were removed from the general education classroom for a portion of their day, the IEP’s non-participation justification statement did not always state why the removal was considered critical to the student’s program and the basis If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements The district must provide IEP Team chairpersons with training on the requirements that if the student is removed from the general education classroom at any time, the IEP Team must state why the removal is considered critical to the student’s program and the basis for its conclusion that education of the student in a less restrictive environment, with Please submit a copy of the agenda and sign-in sheets by September 30, 2010. Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 5 of 17 Subsequent to the training, please submit the results of an administrative 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 for its conclusion that education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily. the use of supplementary aids and services, could not be achieved satisfactorily. This should be documented in the “non participation justification statement” section of the IEP. Student records and interviews indicated that IEPs were not always complete. For example, Present Levels of Educational Performance, part B (PLEP B) information, was at times not filled in for students that had an emotional disability. The district must train IEP Team chairpersons on the completion of the PLEP-B section of the IEP for students with emotional disabilities. The district must conduct internal monitoring of student records to determine that it is compliant with the requirements of this criterion. * Please note when conducting internal monitoring that school 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). Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 6 of 17 (b) Progress Report Due Date(s) and Required Elements review of “nonparticipation justification” statements and the completion of the PLEP-B for students with emotional disabilities from a sample of student records. Please indicate the number of records reviewed and the number found to be compliant. 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. This must be completed by December 17, 2010. Criterion Criterion Implemented SE 18B Criterion Partially Implemented (PI) or Not Implemented (NI) Student Records, Interviews & Documents Determination of placement; provision of IEP to parent SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE Method(s) of Investigation PI Student Records & Interviews Basis of Determination about Criterion The review of student records, documentation and staff interviews indicated that at the IEP Team meeting, after the IEP is developed, the IEP Team determines the appropriate placement to deliver the services and no longer refers cases to an administrative team for placement consideration. The review of student records indicated that immediately following the development of the IEP, the district provides the parent with two copies of the proposed IEP and proposed placement along with the required notice. The review of student records indicated that the written notices (N1 and N2) to parents/guardians regarding the district’s proposed actions or refusal do not always inform parents of what evaluation procedures, tests, records or reports were used as a basis for the proposed action or the reason for the district’s actions after a re-evaluation or an initial evaluation. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements The district must provide appropriate staff with training on the content of the “Notices to Parents” (“N1”/“N2”) letters that address all six questions and that are written based on the individual IEP Team determinations. Please submit a copy of the agenda and sign-in sheets for the training by September 30, 2010. The school must conduct internal monitoring of student records to determine that the school is compliant with the requirements of this criterion. Subsequent to the training, please submit the results of an administrative review of the “Notices to * Please note when conducting Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 7 of 17 Criterion SE 29 Communication s are in English and primary language of home Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Documents, Student Records & Interviews Basis of Determination about Criterion While documentation and interviews indicated that the district has appropriate procedures for providing translators at IEP meetings and/or to translate district documentation, student records If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements internal monitoring that school 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). Parents” letters completed after training from a sample of student records. Please indicate the number of records reviewed and the number found to be compliant. 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. This progress report is due by December 17, 2010 Please submit a copy of the agenda and sign-in sheets for the training by September 30, 2010. The district must provide IEP Team chairpersons with training on the district’s procedures for providing special education written communications in the primary language of the home, if such primary language is other than English. Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 8 of 17 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion indicated that written communications with parents are not always in the primary language of the home, if such primary language is other than English. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district must conduct internal monitoring of student records to determine that the school is compliant with the requirements of this criterion. *Please note when conducting internal monitoring that school 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). Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 9 of 17 (b) Progress Report Due Date(s) and Required Elements Subsequent to the training, please submit the results of an administrative review of student records for evidence of translated written communications, when the primary language of the home is other than English. Indicate the number of records reviewed and the number found to be compliant. 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. This must be completed by December 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 2010. SE 32 SE 37 Interviews Student Records , Interviews & Documents Documents & Procedures for approved and unapproved out-of-district placements SE 40 Instructional Documents & Parent advisory council for special education Documentation indicated that the school district conducts, in cooperation with the parent advisory council (PAC), at least one workshop annually within the district on the rights of students and their parents and guardians under the state and federal special education laws. Documentation and interviews indicated that the PAC participated in the evaluation of the school district’s special education programs. Documentation and the review of student records indicated that contracts submitted by the district contain the terms required by 603 CMR 28.06(3) (f) (1-5). The review of student records and interviews indicated that the school district monitors the provision of services and the programs of individual students placed in public and private outof-district programs. Documentation and interviews indicated that all special education instructional groupings Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 10 of 17 Criterion Criterion Implemented grouping requirements for students aged five and older SE 41 Age span requirements Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Interviews for students five and older at Newton North High School, Newton South High School, Oak Hill Middle School, Bigelow Middle School and Peirce Elementary School meet instructional grouping requirements. Documentation and interviews indicated that all instructional groupings for students five and older at Newton South High School, Newton North High School, Day Middle School, Burr Elementary, Bowen Elementary, Angier Elementary, Countryside Elementary, Memorial Spaulding Elementary, Cabot Elementary, Zervas Elementary, Ward Elementary, Williams Elementary, Lincoln Eliot Elementary, Franklin Elementary, Mason-Rice Elementary, Underwood Elementary and Peirce Elementary met age span requirements. Documentation and interviews also indicated that all instructional groupings in the following programs also met age span requirements: itinerant Documents & Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 11 of 17 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 42 PI Programs for young children three and four years of age SE 43 Behavioral interventions Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Documents & Interviews Student Records, Interviews Basis of Determination about Criterion occupational therapists districtwide, itinerant speech therapists district-wide, itinerant physical therapists district-wide, itinerant psychologists assigned for counseling to Newton South High School, Peirce Elementary, Underwood Elementary and Franklin Elementary Schools. Documentation and interviews indicated that for public school programs that integrate preschool students with and without disabilities, regulations regarding class size requirements are not followed in nine classes. Specifically, the regulations that state that if the number of students with disabilities is 6 or 7 then the class size does not exceed 15 students with one teacher and one aide. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements The district administrators must ensure that for public school programs that integrate students with and without disabilities, the class size can not exceed 20 with 1 teacher and 1 aide and no more than 5 students with disabilities and if the number of students with disabilities is 6 or 7 then the class size can not exceed 15 students with 1 teacher and 1 aide. Please submit the district’s plan to meet the requirements of this criterion by September 30, 2010. The district must address the instructional grouping requirements for students three and four years of age in inclusionary programs at the Early Childhood Program located in the district’s Education Center. The review of student records, interviews and documentation indicated that for a student whose behavior impedes their learning Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 12 of 17 Please submit the instructional groupings at the Early Childhood Program by September 30, 2010. Criterion Criterion Implemented SE 51 Criterion Partially Implemented (PI) or Not Implemented (NI) PI Teacher Certification Method(s) of Investigation Basis of Determination about Criterion & Documents or the learning of others, the IEP Team considers the student’s behavioral needs including positive behavioral interventions and the possible need for a functional behavioral assessment. Documentation and interviews indicated that at Newton North High School all special education teachers are currently licensed or hold a current waiver. Documents & Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district must provide a copy of the licensure and/or approved waiver for the one special education teacher not licensed in special education at Newton South High School. At Newton South High School one special education teacher does not hold a current license or waiver to teach special education. SE 52 Appropriate certifications/lic enses or other credentials -related service providers Documents SE 54 Documents & Interviews Professional Development Documentation indicated that speech and language pathologists at Brown Middle School are appropriately licensed. Documentation and interviews indicated that the district ensures that special education and general education staff are trained on state and federal Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 13 of 17 (b) Progress Report Due Date(s) and Required Elements Please submit a copy of the licensure or approved waiver for the one special education teacher not licensed by September 30, 2010. Criterion SE 55 Special Education Facilities and Classrooms Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Observations & Interviews Basis of Determination about Criterion special education requirements and related local special education policies and procedures, analyzing and accommodating diverse learning styles of all students in order to achieve an objective of inclusion in the general education classroom. Documentation, interviews and facilities observations indicated the following: The schools observed throughout the district did not have signs indicating special education instructional spaces labeled as “speech,” “learning center,” “ABA,” “OT/PT,” etc. Documentation indicated that Newton North High School will be moving to a new location for the 2010-2011 school year. Documentation also indicated that the new building is fully accessible, visually cued fire alarms were reported to be in place in classrooms of hearing impaired students and EDCO classrooms are integrated into the If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements The principals of Angier Elementary, Cabot Elementary School, Oak Hill Middle School and Bigelow Middle School must meet individually with the Director of Pupil Services to develop plans to address the particular issues at the different locations. Please submit a copy of the plans to address the particular issues at the different sites by September 30, 2010. The district must address the facilities issues described at Angier Elementary School, Cabot Elementary School, Oak Hill Middle School and Bigelow Middle School before the beginning of the 2010-2011 school year. The Department will contact the district to conduct an on-site verification that the plans have been implemented during the month of October 2010. Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 14 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 life of the school. Observations and interviews indicated that at the Angier Elementary School, special education services were no longer provided in hallways. Physical therapy is no longer provided under the stairwell and Speech therapy is provided in an appropriate private space. However, occupational therapy is provided in a private space under the stairwell that is not adequate to the number of students and staff occupying the space at the same time. Service providers for two pullout LD groupings and the ELL space share one classroom. Furthermore, interviews indicated that two pullout LD instructional groups and an ELL instructional group are sometimes serviced in the same room simultaneously. Observations and interviews indicated that at Cabot Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 15 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 Elementary School while special education services are no longer provided in hallways, the third floor Learning Center uses one classroom for occupational therapy, speech therapy and LD pull-out. Interviews indicated that OT, speech and LD students sometimes receive services in the room simultaneously. Observations and interviews indicated that at Memorial Spaulding Elementary School, occupational therapy is now conducted in a private space and is no longer located near the stairwell area. Observations and interviews indicated that at Franklin Elementary School, special education service providers no longer share spaces. Observations and interviews indicated that at Oak Hill Middle School, speech therapy is currently provided behind a partition in the library. Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 16 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 Observations and interviews indicated that at the Bigelow Middle School no longer used open spaces for small group instruction and for supporting students. SE 56 Special Education Programs and Services are Evaluated Documents & Observations and interviews indicated that previous areas of non-compliance at the Early Childhood Program in the ground floor of the Education Center have been remedied. Site observations indicated that previous safety concerns have been remedied. Documentation indicated that special education programs and services are regularly evaluated. Interviews Newton Public Schools Coordinated Program Review Mid-cycle Report July 27, 2010 Page 17 of 17 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Newton Public Schools 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