The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 20, 2006 Dr. Gerald L. Paist Pathfinder Regional Vocational Technical High School 240 Sykes Street Palmer, MA 01069 Re: Mid-cycle Coordinated Program Review Report Dear Dr. Paist: Enclosed is the Department of Education's Mid-cycle Coordinated Program Review Report (MidCycle Report). This report contains findings based on onsite monitoring conducted to verify the implementation and effectiveness of corrective action approved by the Department to address findings of noncompliance included in the Pathfinder RVTS Coordinated Program Review Report issued on September 30, 2003. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been newly created or substantially changed in response to IDEA 2004. As you know, another component of the Department’s Mid-cycle Review is the review of your school district or charter school's self-assessment in the area of English learner education (ELE). (In the remainder of this letter, please read “district” as meaning “school district or charter school.”) The purpose of this review is to determine whether your district is implementing the significant changes in M.G.L. Chapter 71A, governing the education of limited English proficient students, that were adopted by voters by means of Question 2 in 2002. The Department has reviewed your district’s ELE self-assessment documents and, based solely on that selfassessment, is providing you in this report with comments on your ELE program and, where necessary, corrective action to be implemented. Your district is urged to request technical assistance in relation to any of these comments or prescribed corrective action. To secure assistance, you may consult with your Mid-cycle Review Chairperson or call Robyn DowlingGrant in Program Quality Assurance Services at 781-338-3732. You may also consult with staff in the Department’s Office of Language Acquisition and Achievement at 781-338-3534 and obtain additional ELE guidance documents through the Department’s web site at http://www.doe.mass.edu/ell/. While the Department of Education found your district to have resolved certain noncompliance issues, others were partially corrected or not addressed at all, or the Department’s onsite team identified new issues of noncompliance, either noncompliance with special education criteria added or substantially changed in response to IDEA 2004, noncompliance with ELE criteria, or other new noncompliance. Where the district has failed to implement its approved Corrective Action Plan, the Department views these findings to be serious. 1 In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. You will find these requirements for corrective action included in the attached report, along with requirements for progress reporting. Please provide the Department with your written assurance that all of the Department's requirements for corrective action will be implemented by your school district within the timelines specified. Your statement of assurance must be submitted to the Mid-cycle Review Chairperson by August 4, 2006. Your staff's cooperation throughout these follow-up monitoring activities is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact the Mid-cycle Review Chairperson at 413-858-4591. Sincerely, Joseph Dow, Supervisor Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Michael Cavanaugh, School Committee Chairperson JoAnn Fitzpatrick, District Program Review Follow-up Coordinator Encl.: Mid-cycle Coordinated Program Review Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT Pathfinder Regional Vocational Technical High School ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL NONCOMPLIANCE REQUIRING CORRECTIVE ACTION Date of Coordinated Program Review (CPR): September 30, 2003 Date of Coordinated Program Review Corrective Action Plan Approval: June 1, 2004 Dates of Corrective Action Plan Progress Reports: March 13, 2006 Dates of this Mid-cycle Review Onsite Visit: May 15, 16, 2006 Date of this Report: July 20, 2006 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 1 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Special Education Criteria Originally Cited in CPR Report and Monitored in Mid-cycle Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 2 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified SE 9 SE 15 Student Records Interviews SE 18A Student Records Interviews Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting The Department was unable to consistently determine that this criteria was met due to several unsigned evaluation consent forms in the student records. Additionally, when the district determined that a student’s lack of progress was due to limited English proficiency, the student was not always referred to a more appropriate program. By December 30, 2006, the district must submit its tracking forms demonstrating that all evaluations completed from September 1, 2006 to December 1, 2006 (initial, unscheduled, or three-year reevaluations) were completed within required timelines, and the district must also submit copies of all of its evaluation consent forms signed between September 1, 2006 and December 1, 2006. The district has annual or more frequent outreach and continuous liaison with those groups from which promotion or transfer of students in need of special education may be expected. Student record review and interviews indicate that the district is documenting the IEP Team’s discussion of parent and student wishes, evaluation results and Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 3 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Not Fully Implemented Related to the finding in SE 9, the district does not consistently provide the parent with the fully developed IEP and placement immediately following their development, and within forty-five school working days after receipt of the parent's written consent to evaluate. The district will draft and distribute a memo to special education staff, including Team Chairs, regarding the requirement of the district to provide the parent with the fully developed IEP and placement immediately following their development, and within forty-five school working days after receipt of the parent's written consent to evaluate. A copy of the memo will be provided to the Department by December 30, 2006. needed specially designed instruction on the current Massachusetts DOE IEP format. SE 18B The district will randomly select five (5) IEP’s and submit documentation that the IEP’s were provided to the parent within forty-five school working days after receipt of the parent’s written consent to evaluate to the Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 4 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Department by December 30, 2006. SE 22 Interview Interviews indicate that IEP services are available immediately upon receipt of signed parental consent for the IEP. SE 25 Parental Consent The concern at the time of the Coordinated Program Review was that interviews indicated that special education services were sometimes provided to students before the district received parental signature on the student’s IEP. In May 2006, interviews and record reviews continue to indicate that staff members do not understand that the Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 5 of 17 By December 30, 2006, the district must send a memo to all special education staff and provide a copy to the Department indicating that no special education services may be delivered prior to obtaining parental consent. Additionally, by December 30, 2006, the district must submit copies of all signature and placement pages from all IEPs issued between September 1, 2006 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) SE 27 Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Substantially Implemented Student records Not Fully Implemented Student Records Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting district must receive parental consent before implementing special education services for students. and December 1, 2006. As noted in SE 9 and SE 18B, the district does not provide the parent with two copies of the fully developed IEP immediately following its development and without undue delay. As noted in SE 9 and SE 18B, the district will draft and distribute a memo to special education staff, including Team Chairs, regarding the requirement of the district to provide the parent with the fully developed IEP immediately following its development and without undue delay. A copy of the memo will be provided to the Department by December 30, 2006. The district ensures that parent notices meet all state and federal law content requirements and Team meeting notices state the meeting's purpose, time, location, and attendees. SE 28 SE 40 Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified The district ensures that all required elements under this Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 6 of 17 Criterion Number and Topic Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance SE41 SE 54 It was the concern of the onsite team at the time of the Coordinated Program Review that some students in the MVIP program exceeded age span requirements. Documentation furnished subsequent to the progress report review and during the Mid-Cycle review continues to indicate non-compliance with this issue. Although the district has received a waiver in the past for this issue, the district is reminded that waivers cannot be issued on a yearly basis for this concern. The district has not provided all staff with training in all of the required topics as outlined in this criterion with (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Required Corrective Action, Timelines for Implementation, and Progress Reporting criterion are implemented. Staff Interviews Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 7 of 17 The district must indicate to the Department how it will redesign its MVIP program so that these age span violations will not continue to occur on a yearly basis. This report must be submitted to the Department by December 30, 2006. The district must provide all staff with training in all of the required topics and submit to the Department its agendas, sign-in Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Approved Corrective Action Determined to be Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance the exception of trainings with the Parent Advisory Council. SE 56 Documents The district ensures that special education programs, services and administrative areas are regularly evaluated. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 8 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting sheets, and list of presenters by December 30, 2006. Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Special Education Criteria created or revised in response to IDEA-2004 Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Determined to be Partially Implemented or Not Implemented SE 6 Determination of Transition Services Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting There was no indication that transition planning was discussed or initiated for special education students not in the MVIP program. The district must ensure that the Teams discuss students’ transition needs annually beginning no later than when the student is 15 years old. Unless the documentation of this discussion indicates that no transition-related IEP goals and services are necessary, beginning no later than the IEP in effect when the student turns 16 years old the student’s IEP must include measurable goals based on ageappropriate transition assessments related to postsecondary training and employment, and, where appropriate, to independent living skills; and the transition services, including course of study, needed to reach those goals. The district must ensure that students are invited to and encouraged to attend part or all of Team meetings at which transition Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 9 of 17 services are discussed or proposed. By December 30, 2006 the district must submit evidence of five different students’ transition planning activities and any transition-related IEP goals. One acceptable method for documenting the transition planning discussion is the use of the Department’s Transition Planning Chart, which can be found at http://www.doe.mass.edu/sped/ID EA2004/spr_meetings/iep_transiti on.doc. By December 30, 2006 the district must also submit evidence of how the district invited and encouraged students to attend part or all of the Team meetings at which such transition services were discussed or proposed. SE 8 IEP Team composition and attendance SE 12 Frequency of re-evaluation SE 13 Student Records Staff Interviews Student Interviews and documentation indicated that at least one teacher or specialist trained in the area of the student’s suspected special needs was not always present at Team meetings. The district ensures that a reevaluation is conducted, with parental consent, every three years consistent with the requirements of federal law or unless otherwise agreed to by the parent and district. The district ensures that progress Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 10 of 17 The district must submit copies of IEP attendance sheets of ten different students indicating that this concern is resolved by December 30, 2006. Progress Reports and content Records Staff Interviews reports are completed at least as often as parents are informed of the progress of non-disabled students and address the progress toward the goal and whether the progress is sufficient to meet the goal by the end of the IEP period. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 11 of 17 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Student Records The district ensures that IEPs are reviewed on or before the anniversary date of their implementation date to consider the student’s progress and develop a new IEP. (Refer to full text of 20052006 CPR requirements) SE 14 Review and revision of IEPs Staff Interviews SE 25B Resolution of Disputes SE 30 Notice of procedural safeguards Documents The district is using the Massachusetts Interim Notice of Procedural Safeguards and provides it to parents as required. SE 46 Procedures for suspension of students with disabilities more than 10 days Student Records The district ensures students with disabilities, who are suspended 10 consecutive days or 10 cumulative days that constitute a pattern, are provided all required procedural safeguards including a Team meeting to conduct a manifestation determination and provides a Documents Staff Interviews Staff Interviews Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented The district ensures that required resolution dispute procedures are followed including convening a meeting to attempt resolution and completing a legally binding agreement if the resolution session is successful or seeking mediation when agreed to by the parent and district. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 12 of 17 Required Corrective Action, Timelines for Implementation, and Progress Reporting functional behavioral assessment, and behavior intervention plan if the behavior is determined to be a manifestation of the student’s disability. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 13 of 17 Criterion Number and Topic (Refer to full text of 20052006 CPR requirements) Civil Rights (MOA) and Other General Education Requirements MOA 14 MOA 21 Approved Corrective Action Determined to be Implemented and Effective Partially Method(s) of Verification Student Records Staff Interviews Documentatio n Interviews Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Determined Not to have been Implemented or Not to have been Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Not all staff has received the required training in all elements of this criterion. The district must provide training on the required elements of this criterion and submit a copy of the dated agenda, materials presented and completed sign-in sheets by December 30, 2006. The district ensures that all required elements under this criterion are implemented. Documentation and interviews indicated that some staff have received training regarding civil rights responsibilities, prevention of discrimination and harassment and the appropriate methods for responding to it in the school setting. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 14 of 17 Pathfinder Regional Vocational Technical High School English Learner Education (ELE) Requirements Mid-Cycle Review Comments and Corrective Action Based on the Department’s Review Of Local Self-Assessments (Please refer to full text of 2005-2006 CPR-ELE legal requirements and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc ) ELE Criterion Number and Topic ELE 1 Annual Assessment ELE 2 MCAS Participation ELE 3 Initial Identification ELE 4 Waiver Procedures Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting The school district has not annually assessed (using approved tests and administered by qualified staff) the English proficiency of all limited English proficient (LEP) students. The district must develop procedures to ensure annual assessments and the training of personnel to ensure the appropriate administration of required annual assessments. Provide evidence that LEP students participate in annual assessments by July 30, 2007. The school district did not submit any evidence that limited English proficient students, who are required to, participate in the annual administration of the MCAS exam. The district must develop policies and procedures for limited English proficient students’ MCAS participation. Submit the policies and procedures by December 30, 2006. The school district has procedures to seek and identify limited English proficient students. The school district has a Home Language Survey, but it has not been sent to all families The school district must distribute the home language survey to all families within the school and assess students whose home language survey indicates a first language not English, by trained professional staff for English proficiency in reading, writing, speaking and listening. Submit evidence of trained staff and the appropriate assessment tools used for identification by December 30, 2006. For guidance on this topic see http://www.doe.mass.edu/ell/identify_lep.html. The school district does not have waiver policies and forms in place, consistent with M.G.L. Chapter 71A. The district must develop policies and procedures for the parent’s right to waive ELE services. The district must also develop the waiver forms. Submit policies and procedures, along with waiver forms, by December 30, 2006. ELE 5 Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 15 of 17 ELE Criterion Number and Topic Program Placement and Structure Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting The school district does not have a program in place to serve limited English proficient students at this time. Subsequent to determining the amount of limited English proficient students, the district must develop a program and placement structure for LEP students and submit the program’s description to the Department by December 30, 2006. The school district does not have program exit criteria, procedures, and appropriate forms to document the student’s progress and the decision to exit the student from the program. The school district must develop policies and procedures and forms to use for limited English proficient students’ program exit. Submit policies, procedures and forms by December 30, 2006. The school district has not developed a mechanism to engage the parents of LEP students in matters pertaining to their children’s education. The district must develop policies and procedures for involvement of parents of limited English proficient students. Submit policies and procedures to the Department by December 30, 2006. ELE 8 Declining Entry to a Program The district does not have policies and procedures regarding students whose parents have declined entry to an ELL program. The district must develop policies and procedures for systems that support LEP students whose parent have declined entry in the ELL program. Submit policies and procedures to the Department by December 30, 2006. ELE 9 Instructional Grouping The district does not have policies and procedures regarding the instructional grouping of LEP students. The district must develop policies and procedures regarding the instructional grouping of LEP students. Submit policies and procedures to the Department by December 30, 2006. ELE 10 Parental Notification The district does not have policies, procedures, or supporting documentation regarding the required elements of parent notices. The district must develop policies and procedures regarding notices sent to parents of LEP students. In addition, the district must develop notice forms that include all required elements. Submit policies and procedures and a sample notice form to the Department by December 30, 2006. The district does not address the requirements of equal access to academic programs and services for LEP students. The district must develop policies and procedures regarding equal access to academic programs and services for LEP students. Submit the district’s policies and procedures by December 30, 2006. The district does not address the requirements of equal access to nonacademic and extracurricular programs for LEP students. The district must develop policies and procedures regarding equal access to nonacademic and extracurricular programs for LEP students. Submit the district’s policies and procedures by December 30, 2006. ELE 6 Program Exit and Readiness ELE 7 Parent Involvement ELE 11 Equal Access to Academic Programs and Services ELE 12 Equal Access to Nonacademic Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 16 of 17 ELE Criterion Number and Topic and Extracurricular Programs ELE 13 Follow-up Support ELE 14 Licensure and Fluency Requirements Comments Based on the Department’s Review of Local ELE Self-Assessment Required Corrective Action, Timelines for Implementation, and Progress Reporting The district did not describe how students are monitored for the two years after exiting the ELE program and what type of language support services are provided. Submit a description of the policy and procedures for monitoring students for two years after exiting the ELE program, and the type of language support services, and include all forms developed in support of this standard by December 30, 2006. Once the district has determined through the use of its home language survey and screening instruments the numbers of LEP students, the district must have an ESL certified teacher in place, as well as teachers at each grade level, as appropriate, who are trained in Sheltered English Immersion. Submit a professional development plan for providing teachers with the Sheltered English Immersion training that is required. The district should also submit evidence of an ESL-certified teacher. This plan will be submitted to the Department by December 30, 2006. Teachers who instruct in SEI classrooms must have a content license and ESL/ELL license; or have a content license and co-teach with another teacher who holds an ESL/ELL license; or have a content license and have obtained intense and sustained professional development in (1) second language learning and teaching; (2) sheltering content instruction; (3) assessment of speaking and listening; and (4) teaching reading and writing to limited English proficient students. (See http://www.doe.mass.edu/ell/news04/0615qualifications.pdf) Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 17 of 17 ELE Criterion Number and Topic ELE 15 Professional Development Requirements ELE 16 Equitable Facilities (To be reviewed during next CPR visit) ELE 17 DOE Data Submission Requirements and Program Evaluation ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) Comments Based on the Department’s Review of Local ELE Self-Assessment The district must have ongoing professional development regarding the provision of high quality instruction for LEP students. Required Corrective Action, Timelines for Implementation, and Progress Reporting Submit a professional development plan for providing teachers with ongoing training regarding the instruction of LEP students by December 30, 2006. To be reviewed during the next CPR visit. The district did not provide a plan for evaluating the effectiveness of the ELE program in meeting the goals of the program. Submit the district’s plan to evaluate the effectiveness of the ELE program in all programmatic areas, including steps to make appropriate program adjustments or changes that are responsive to the outcomes of the program evaluation by December 30, 2006. To be reviewed during the next CPR visit. Pathfinder RVTS Coordinated Program Review Mid-cycle Report July 20, 2006 Page 18 of 17