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 16, 2013 Stephanie Davolos, Executive Director North Central Charter Essential School 171 South Street Fitchburg, MA 01420 Re: Mid-cycle Report Dear Ms. Davolos: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district on February 12, 2013. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by September 4, 2013. Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Paula Twomey at 781338-3730. Sincerely, Paula Twomey, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Jane Ewing, Ed.D., Supervisor, Program Quality Assurance Services Kristina Mecelicaite, Director of Special Education, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 2 of 10 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT NORTH CENTRAL CHARTER ESSENTIAL SCHOOL Date of the Mid-cycle Review Onsite: February 12, 2013 Date of this Report: August 16, 2013 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Partially Implemented Method(s) of Investigation Document Review Staff Interviews Student Record Review Basis of Determination about Criterion Document review, staff interviews, and student record review confirmed that one year prior to the student reaching age 18, the school informs both the student and the parent/guardian that all rights accorded to If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please review the administrative advisory 2011-12 that can be found at: http://www.doe.mwass.edu/sped/adviso ries/11_1.html and revise the school’s procedures as necessary. Review the advisory and procedures with IEP Team Chairpersons at the high school level on the requirement to obtain consent from the student to North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 1 of 10 (b) Progress Report Due Date(s) and Required Elements Submit a copy of the revised age of majority procedures. Submit evidence of staff training, including an agenda, training materials, and Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion parents under special education law will transfer to the student upon turning 18. Record review demonstrated that the school’s IEP Teams document this notification in the Additional Information section of subsequent IEPs. However, student records and staff interviews indicated that when the student turns age 18, the school does not obtain consent from the student to continue the thencurrent program of special education services for students with sole decision making rights or joint decision making. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation continue his/her current program of special education services. Please develop an internal system of periodic review of IEPs for evidence that the student’s consent has been obtained when he or she has turned 18 and has decision-making rights. Please identify the person(s) responsible by name and title for this internal monitoring. Conduct an internal review of 5-10 student records for evidence that the school has obtained consent from the student to continue special education services upon reaching age 18. This sample must be drawn from those students who turned 18 after all corrective actions have been implemented. *Please note that when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 2 of 10 (b) Progress Report Due Date(s) and Required Elements signed attendance sheets, indicating name and role of staff. Submit a description of the oversight system and identify the person(s) responsible for monitoring, including the date of the system's implementation. This progress report is due October 21, 2013. Submit a report of the results of an internal review of records. Include the number of records reviewed and number of records in compliance. For all records not in compliance with this criterion, 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 conducted the review, their roles(s), and their signature(s) Staff Interviews Student Record Review SE 8 IEP Team composition and attendance A review of student records and staff interviews indicated that the school has a process to ensure that all required members attend IEP Team meetings. This process includes obtaining the parent’s permission in writing to excuse Team members who are not necessary because their area of the curriculum or services is not being modified or discussed. In rare instances when a North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 3 of 10 (b) Progress Report Due Date(s) and Required Elements provide corrective actions taken by the district to remedy any noncompliance. This progress report is due February 24, 2014. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation general education teacher is unable to attend, the school ensures that another general education teacher of the student is present at the Team meeting and reports on the progress of the student. Staff interviews also indicated that the school ensures that the excused required member provides written input to the parent and the IEP Team for IEP development prior to the meeting. SE 18A IEP Development and content Document Review Staff Interviews Student Record A review of documents and staff interviews verified that the school has implemented training and developed procedures regarding the IEP Team’s obligation to discuss and document within North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 4 of 10 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation the IEP the skills needed to address when the student’s disability affects social skills development or makes the student susceptible to bullying, harassment, or teasing. Student record review verified that for students on the autism spectrum, the school has developed consistent procedures to document the IEP Team’s consideration of the specific skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. SE 25 Parental consent Document Review Staff Interviews According to staff interviews, the school has not had a parent exercise his or her right of revocation after consenting to a student’s special North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 5 of 10 (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 education services for several years. Document review and interviews verified that should a parent revoke consent in writing, the district will promptly provide him/her with a written notice of the district’s proposal to discontinue services, as well as inform the parent as to how to obtain a copy of procedural safeguards. This notice will be provided within a reasonable time before discontinuing any services. Interviews also verified that the school will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services, North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 6 of 10 (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 consistent with federal regulation. SE 51 Appropriate special education teacher licensure (Commonwealth Charter Schools only) Document Review A review of licensure documents verified that the director and all current special education teachers hold valid licenses and thus are qualified to provide such specialized instruction to students in special education programs. North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 7 of 10 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 3 Specific Learning Disability 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 Partially Implemented Student Record Review A review of student records and staff interviews found that the school’s IEP Teams do not always complete all required components for documenting the IEP Team’s determination of specific learning disability (SLD). Please complete the observations for individual students identified by the Department in the Student Record Issues Worksheet. Staff Interviews Specifically, student records revealed that the charter school is not utilizing the Team determination of eligibility form (mandated form 28M/10) or completing an observation. Conduct an analysis of student records for students either initially evaluated or re-evaluated for SLD eligibility between September 2012 and April 2013 to determine why IEP Teams do not consistently complete the required observation or document the Team’s decision with the Specific Learning Disability Team Determination of Eligibility form. Based on the results of the analysis, provide the school’s determination of the root cause(s) of the noncompliance, the steps the district proposes to take to correct the root causes, and a timeline for the North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 8 of 10 (b) Progress Report Due Date(s) and Required Elements Provide copies of the completed observation and the Notice of the School District Proposal to Act (N1) and Meeting Invitation (N3) for each individual student identified by the Department in the Student Record Issues Worksheet as evidence that IEP teams reconvened and completed the mandated SLD Team determination of eligibility form. Submit the results of the analysis conducted of the Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation implementation of those corrections. Following the implementation of all corrective actions, conduct a student record review of 10 records for evidence that students suspected of SLD have a completed observation and Teams have documented their determination using the mandated form. This sample must be drawn from records of students evaluated or re-evaluated for determination of SLD subsequent to the completion of the school’s corrective actions. *Please note that when conducting internal monitoring the district must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s) North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 9 of 10 (b) Progress Report Due Date(s) and Required Elements records for SLD students. Include the number of records reviewed and the number of records in compliance. Include a description of the root cause(s); of any noncompliance; a description of the steps the district will take to correct the root cause(s); and the district’s proposed timeline for implementation of corrective actions. This progress report is due October 21, 2013. Submit a report of the results of an internal review of records. Include the number of records reviewed and number of records in compliance. For all records not in compliance with this 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 criterion, provide corrective actions taken by the district to remedy any noncompliance. This progress report is due February 24, 2014. SE 32 Special Education Parent Advisory Council Document Review Interviews An interview with staff and a parent advisory council (PAC) member indicated that the PAC continues to meet on a regular basis and conducts a parental rights workshop annually. Document review also demonstrated that the PAC has by-laws regarding the election of officers and operational procedures and has opportunities to advise the school on matters that pertain to the education and safety of students with disabilities. North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 10 of 10 Criterion SE 47 Procedural Requirements for Students not yet Eligible for Special Education Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Document Review Document review and staff interviews indicated that the charter school’s code of conduct now contains the procedural requirements applied to students not yet determined to be eligible for special education prior to disciplinary action. Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation North Central Charter Essential School Coordinated Program Review Mid-cycle Report August 16, 2013 Page 11 of 10 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW North Central Charter Essential 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