Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 April 15, 2011 Paul Burnim, Superintendent Orange Public School District 131 West Main Street Orange, Massachusetts 01364 Re: Mid-cycle Report Dear Superintendent Burnim: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in March 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: 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”. 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 May 9, 2011. 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 Paula Twomey at 781-338-3730. 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 Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Richard Herk, School Committee Chairperson Jay Conway, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Orange Public School District Date of the Mid-cycle Review Onsite: March 4, 2011 Date of this Report: April 15, 2011 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 at age of majority and student participation and consent at the age of majority Criterion Implemented Not Applicable 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 This criterion is not applicable as the Orange Public Schools serve grades preK – 6 only. Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 1 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion SE 52A Registration of educational interpreters Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district provided the name of the educational interpreter contracted by the district and copies of the educational interpreter’s registration with the Massachusetts Commission for the Deaf and Hard of Hearing. Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 2 of 11 (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 1 Criterion Implemented Assessments are appropriately selected and interpreted for students referred for evaluation SE 5 Participation in general State and district-wide assessment programs Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Document Review In interpreting evaluation data and making decisions, the Team ensures that the placement decision conforms with placement in the least restrictive environment. Interviews Student Records Document Review Interviews The district’s IEP Teams designate how each student will participate in MCAS and, if necessary, provide an alternate assessment. Student Records Interviews SE 8 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The required Team members are in attendance at IEP Team meetings. Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 3 of 11 (b) Progress Report Due Date(s) and Required Elements Criterion IEP Team composition and attendance SE 15 Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Document Review Interviews Document Review Interviews IEP development and content PI Student Records Interviews SE 18B Determination of placement; provision of IEP to parent 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 Student Records Outreach by the School District (Student Find) SE 18A Method(s) of Investigation Student Records The district has annual and more frequent outreach and continuous liaison with community groups from which promotion or transfer of students in need of special education may be expected, or which would include students in need of special education. Teams fully complete the IEP, including the Present Levels of Educational Performance (PLEP) B: Other Educational Needs section. Immediately following the development of the IEP, the district provides the parent with two copies of the proposed IEP and placement. However, on the Placement Consent Form (PL1), while the district is identifying the Team Recommended Educational Placement and Corresponding Placement, the district is not identifying the specific location Train IEP Team chairpersons on the completion of the PL1 form of the IEP, specifically as it relates to the location of service provision. Develop an internal oversight and tracking system to ensure that Teams appropriately complete the PL1 form and include the location of service provision. Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 4 of 11 Provide an agenda, signed attendance sheets (indicating role of staff) and training materials for staff training on the requirements 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 of service provision. Conduct an internal review of records in which an IEP was developed since the district’s corrective actions were implemented to determine whether the PL1 form is appropriately completed. *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). (b) Progress Report Due Date(s) and Required Elements for completion of the PL1 form. Also submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date of the system’s implementation. Submit this information by September 30, 2011. Submit a report of the results of an internal review of records for completion of the PL1 form since the district’s corrective actions were Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 5 of 11 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 implemented. Include the following: Number of records reviewed; Number of records that included appropriate completion of the PL1 form; Results of the root cause analysis of any records not in compliance; and Specific action taken by the district to remedy any noncompliance. Submit the report by December 16, Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 6 of 11 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Document Review The program selected is the least restrictive environment for students, with consideration given to any potential harmful effect on the student or on the quality of services that he or she needs. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements 2011. SE 20 Interviews Least restrictive program selected Student Records Interviews SE 25 Student Records Parental Consent SE 25A Interviews Student Records Sending of copy of notice to Special Education Appeals Interviews SE 26 The district does not remove an eligible student from the general education classroom solely because of needed modification in the curriculum. The school district obtains written parental consent before conducting an initial evaluation and before making an initial placement of a student in a special education program, as well as before conducting a re-evaluation. The school district obtains consent to the services proposed on a student’s IEP before providing such services. Within five calendar days of receiving notice that a parent has rejected an IEP, the school district sends a copy of the notice to the Bureau of Special Education Appeals (BSEA). The district schedules the IEP Team meeting at a mutually agreed upon Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 7 of 11 Criterion Criterion Implemented Parent participation in meetings Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records time and place and documents such efforts for parents/guardians to participate. If neither parent can attend, the district uses other methods to ensure parent participation, including individual or conference telephone calls, or video conferencing. The district ensures that communications with parents are in both English and the primary language of the home, if such primary language is other than English. Interviews SE 29 Student Records Communications are in English and primary language of home SE 32 Interviews Parent advisory council for special education SE 37 Procedures for approved and Document Review Document Review Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district has established a districtwide parent advisory council (PAC) for special education and membership is offered to all parents of students with disabilities and other interested parties. The PAC participates in the planning, development, and evaluation of the school district’s special education programs. Monitoring plans and completed monitoring forms are included in the files of eligible students who have been placed out-of-district. Student Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 8 of 11 (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 Records unapproved out-ofdistrict placements PI See SE 46. . Although the district has appropriate procedures for the suspension of special education students, these procedures are not included in the student code of conduct. Include the appropriate procedures for the discipline of students with disabilities in the student code of conduct. SE 45 Procedures for suspension up to 10 days and after 10 days; General requirements PI SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for Document Review Interviews Student Records Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 9 of 11 Submit the updated student code of conduct by September 30, 2011. 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 PI Document Review Although the district implements the appropriate procedural requirements applied to students not yet determined to be eligible for special education, the student code of conduct does not include these procedural requirements. Update the student code of conduct to include the procedural requirements applied to students not yet determined to be eligible for special education. (b) Progress Report Due Date(s) and Required Elements suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district SE 47 Procedural requirements applied to students not yet determined to be eligible for special education SE 52 Appropriate certifications/ licenses or other credentials— related service Interviews Student Records Document Review The district’s related service providers are appropriately certified, licensed, board-registered or otherwise approved to provide such services by the relevant professional standards board or agency for the profession. Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 10 of 11 Submit the updated student code of conduct by September 30, 2011. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Document Review The district ensures that persons employed as paraprofessionals and assistants do not design instruction for students with disabilities, but are expected to implement instruction under the supervision of an appropriately certified or licensed professional who is proximate and readily available to provide such supervision. The school district now provides classrooms at Butterfield Elementary School for students receiving occupational therapy and Dexter Park Elementary School for behaviorally involved students that are at least equal in all physical respects to the average standards of general education facilities and classrooms. The district evaluates its special education programs and services regularly. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation providers SE 53 Interviews Use of paraprofessionals Observations SE 55 Interviews Special education facilities and classrooms Document Review SE 56 Special education programs and services are evaluated Interviews Orange Public School District Coordinated Program Review Mid-cycle Report April 15, 2011 Page 11 of 11 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Orange Public School District 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