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 June 9, 2011 James Brosnan, Superintendent Northern Berkshire Vocational Regional School District McCann Technical School 70 Hodges Cross Road North Adams, MA 01247 Re: Mid-cycle Report Dear Superintendent Brosnan: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district on April 5, 2011. 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: staff interviews, review of student records, examination of documentation, and/or classroom observation. The Department determined that one or more of the criteria monitored in your district was “Partially 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 June 23, 2011. 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 Lynn A. Summerill at 413-858-4591 ext.1. Sincerely, 1 Lynn A. Summerill, 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 D. Beth Lopez, Supervisor, Program Quality Assurance Services Dan Maloney, School Committee Chair Mary Lou Accetta, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Northern Berkshire Vocational Technical RSD McCann Technical School Dates of the Mid-cycle Review Onsite: April 5, 2011 Date of this Report: June 9, 2011 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria is available at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parent rights at the age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation PI Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district does not consistently inform students and parents/guardians of the transfer of parental rights one year prior to the age of 18. The district’s current practice is to inform students and The district will clarify its procedures to ensure that the district provides notification to the parent/guardian and the student of the transfer of rights at the age of majority no later than one year Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 1 of 12 (b) Progress Report Due Date(s) and Required Elements By October 5, 2011, the district will submit: A description of its revised procedures for the transfer of parent rights at the age of majority. A description 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 parents at the annual review Team meeting prior to the student turning 18, however, in several cases this may only be a month or more before the student actually turns 18. Secondly, the district currently procures consent from the student prior to age 18. The district’s current practice is to secure consent at the Team meeting if the student will turn 18 by the next annual review or reevaluation Team meeting. before the student reaches 18, and subsequently procure consent and decision making authority from students upon turning 18. The district will develop an internal oversight and tracking system to ensure that the district complies with requirements for the transfer of rights at the age of majority. The district will conduct training on the revised procedures and tracking system to ensure compliance with this criterion. After training and implementation of the tracking system, the district will conduct an Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 2 of 12 (b) Progress Report Due Date(s) and Required Elements internal oversight and tracking system to ensure that the district is implementing all requirements for the transfer of rights. Indicate the role(s) and person(s) responsible for this oversight. Submit documentation (agendas, training materials, signed attendance sheets) evidencing that training for applicable high school special education staff was conducted on the revised age of majority procedures and tracking system. By January 12, 2012, following training and implementation of the revised procedures and tracking system, the district will conduct an internal review of student records and report: 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 internal review of a sampling of student records for those students who became eligible for these procedures after the district implemented its corrective actions to ensure compliance with this criterion. *Please note 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 levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 3 of 12 (b) Progress Report Due Date(s) and Required Elements 1. The number of records selected for students who have turned 17 years old. 2. The number of records that demonstrate that the district informed students and parents one year prior to the student reaching 18 of the rights that will transfer from the parent/ guardian to the student upon the student’s 18th birthday. 3. The number of student records that evidenced the district procured decision making authority from the students upon turning 18 years of age. 4. If continued noncompliance is identified, provide a description of the root cause; and specific actions taken by the district to remedy such noncompliance. Criterion SE 52A Registration of educational interpreters 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 Interview Document Review The district does not employ educational interpreters at this time as the school does not have any students enrolled who require these services. The district has procedures in place to address these requirements and has a contracted provider if a student enrolls who requires these services. Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 4 of 12 (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 2 Required and optional assessments SE 18A IEP development and content SE 18B Determination of placement; provision of IEP to parent Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion (a) Required Corrective Action and Timelines for Implementation Student Records The district consistently completes all required and optional assessments. Educational assessments are routinely conducted for all evaluations. Student Records IEPs consistently identify transportation services and schedule modifications. Student Records While parents leave Team meetings with a comprehensive Team meeting summary, the district does not PI If Partially Implemented or Not Implemented: Interview The district will develop an internal oversight and tracking system to ensure that parents receive two Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 5 of 12 (b) Progress Report Due Date(s) and Required Elements By October 5, 2011, the district will submit the following documentation: A description of the internal oversight 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: consistently provide the parent with a copy of the IEP within 10 calendar days. (a) Required Corrective Action and Timelines for Implementation copies of the proposed IEP within ten calendar days after the Team meeting. The district will provide training to special education staff responsible for the implementation of the internal oversight and tracking system. **See the Memorandum on the implementation of 603 CMR 28:05(7): parent response to proposed IEP and proposed placement at http://www.doe.mass.edu /news/news.asp?id=3182 The district will review a sample of student records for Team meetings that were conducted after the implementation of the district’s corrective Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 6 of 12 (b) Progress Report Due Date(s) and Required Elements and tracking system and the name and role of the person(s) responsible to ensure the district’s compliance for the timely provision of IEPs. Documentation (signed attendance sheets, agenda, training materials) evidencing that training was conducted for required special education staff. By January 12, 2012, the district will report on the results of the sampling of student records and address the following: 1. The number of Team meetings (annual 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 actions to ensure that parents received proposed placements and IEPs immediately following Team meetings. *Please note 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 levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). SE 20 Least restrictive program PI Student Records The nonparticipation justification statements in IEPS are not individualized and do The district will provide training to special education teachers, liaisons and Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 7 of 12 (b) Progress Report Due Date(s) and Required Elements reviews, initials, and reevaluations) conducted between October 5, 2011, and January 12, 2012. 2. The number of Team meetings in which proposed IEPs and placements were sent to parents within 10 calendar days following the Team meeting. 3. If continued noncompliance is identified, provide a description of the root cause; and specific actions taken by the district to remedy such noncompliance. By October 5, 2011, the district will submit: A description of the internal Criterion selected Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion not accurately reflect when students are removed from general education classes, why the removal is considered critical to the student’s program and the basis for the Team’s conclusion that the education of the student in a less restrictive environment, with the use of supplementary aids and services could not be satisfactorily achieved. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation chairpersons on how to write appropriate IEP nonparticipation justification statements that address all required content elements. . Develop an internal oversight and tracking system to ensure that all IEPs contain accurate and comprehensive nonparticipation justification statements that reflect when and why students are removed from general education classes. The district will conduct an internal review of a sampling of IEPs developed after the Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 8 of 12 (b) Progress Report Due Date(s) and Required Elements oversight and tracking system and identify the title(s) and person(s) responsible for its oversight. Documentation (agenda, training materials, signed attendance sheets) evidencing that the district conducted training for special education teachers, liaisons and chairpersons on the writing and requirements of IEP non- participation justification statements. By January 12, 2012, report the results of a review of a sampling of IEPs developed between October 5, 2011 and January 12, 2012. Report: 1. The number of student records reviewed. 2. The number of IEPs that 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 the district’s corrective actions to ensure that IEP nonparticipation justification statements are individualized and contain all required information. *Please note 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 levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). SE 40 Instructional Document Review All substantially separate instructional Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 9 of 12 (b) Progress Report Due Date(s) and Required Elements contain comprehensive nonparticipation statements. 3. If continued noncompliance is identified, provide a description of the root cause; and specific actions taken by the district to remedy such noncompliance. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation SE 54 Professional development If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation groupings are within required size limits. grouping requirements for students aged five and older SE 53 Use of paraprofessio nals Basis of Determination about Criterion Document Review Interviews Document Review Both a special education teacher who is proximate and a speech / language pathologist who is readily available supervise the speech language paraprofessional. The district has provided six district wide staff trainings on the requirements of special education and accommodating diverse learning styles from 2009 through 2011. Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 10 of 12 (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 SE 55 Special education facilities and classrooms Observation of Facilities The district built a temporary divider between its resource rooms. These rooms house both special education and general education classes. The district has inclusion opportunities for all students. No student remains in a selfcontained classroom the entire day. Resource rooms are given the same priority as general education classrooms and special needs students are integrated into the life of the school. SE 56 Special education Document Review The district submitted program evaluations for the 2008-2009 and Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 11 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion programs and services are evaluated 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 Interview 2009-2010 school years evidencing that it regularly evaluates its special education programs and services. Northern Berkshire Vocational Regional School District Coordinated Program Review Mid-cycle Report June 9, 2011 Page 12 of 12 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Northern Berkshire Vocational Regional School District McCann Technical 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 McCann Technical School Coordinated Program Review Mid-cycle Report June 3, 2011