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 September 1, 2005 Superintendent Jere Hochman Pelham Public Schools 170 Chestnut Street Amherst, MA 01002 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Hochman: Enclosed is the Department's Coordinated Program Review Follow-up Monitoring Report together with findings regarding your district’s Coordinated Program Review Mid-cycle Review. This report contains the Department's findings based on the onsite activities conducted in your school district to verify the implementation status and effectiveness of corrective steps taken in response to your Coordinated Program Review Report issued on August 20, 2002. The Department will notify you of your district's next regularly scheduled Coordinated Program Review several months before it is to occur. At this time we anticipate the Department's next routine monitoring visit to occur sometime during the 2007-2008 school year, unless the Department determines that there is some reason to schedule this visit earlier. While the Department of Education found certain noncompliance issues to be resolved, others were partially corrected, not addressed at all and/or new issues were identified by the Department’s onsite team. In areas where the district has failed to implement fully its approved Corrective Action Plan, the Department views these findings to be serious. As the Department previously informed you, in cases where a district fails to fully and effectively implement a Corrective Action Plan, which was proposed by your district and approved by the Department, the Department must then prepare a Corrective Action Plan for the district, which must be implemented without further delay. You will find these requirements for corrective action and further progress reporting included in the attached report together with any steps that must be taken by the district to fully implement new special education requirements. Please provide the Department with your written assurance that 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 Department's Area Supervisor listed below by September 12, 2005. The district’s continuing failure to implement the required Corrective Action Plan described in this report will result in recommendation to the Commissioner of Education the withholding of state or federal funds and/or other enforcement action by the Department. Your staff's cooperation throughout these Follow-up Monitoring activities is appreciated. Should you require additional clarification of information included in our report, please do not hesitate to contact the Area Supervisor at (413) 284-0382. Sincerely, Joseph H. Dow, Supervisor Program Quality Assurance Services John D. Stager, Administrator Program Quality Assurance Services cc: David P. Driscoll, Commissioner of Education Michael Hussin, School Committee Chairperson Maria Geryk, District Program Review Follow-up Coordinator Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW Pelham Public Schools ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Action Plan Submitted on October 7, 2002 Progress Reports Submitted on March 30, 2004 Onsite Visit Conducted on April 28, 2005 and April 29, 2005 Date of this Report: September 1, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special requirements for Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Substantially Implemented Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Document Reviews Student The district has drafted and implemented procedures that adhere to the mandated requirements for determining a Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) determination of specific learning disabilities Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Record Reviews specific learning disability. Interviews 2 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of courses of study related to needed transition) SE 13 Progress Reports and content Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Not Applicable Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The district does not consistently complete the progress reports for its students because it does not always answer the questions that are at the bottom of the report that The district must provide training to its education personnel on completing progress reports, and a copy of the agenda, the name of the trainer along with his/her qualifications, and a copy of None The district serves only students in grades pre-kindergarten through sixth; however, the district’s IEP Teams consistently consider whether a student will need continued services upon entering the middle school. Student Record Reviews The district does routinely send parents of children with disabilities reports on their progress toward reaching the goals set forth in their IEPs, at least as often as parents are informed of progress of non- 3 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting disabled children. ask: 1) What is the student’ s progress toward the annual goal? 2) Is the progress sufficient to enable the student to achieve the annual goal by the end of the IEP period? 4 the signed attendance roster must be provided to the Department. Lastly, the district needs to submit 10 copies of completed progress reports that address both questions for the first report card period during the 20052006 school year. All requirements are due at the Department by January 17, 2006. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified SE 15 Outreach by the School District (Child Find) Substantially Implemented SE 17 Initiation of services at age three and Early Intervention transition procedures Substantially Implemented SE 18A IEP development and content Substantially Implemented Document Reviews Interviews Document Reviews Interviews Document Reviews Student Record Reviews The district has annual or more frequent outreach to the community groups, schools and professionals from which promotion or transfer of students in need of special education may be expected. The district does consistently initiate services for students with disabilities at the age of three. Also, the district does implement procedures that ensure the effective transition of young children with disabilities from Early Intervention Programs. The district’s IEP Teams do develop IEPs with appropriate content for each of its students that require special education and/or related services. 5 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Interviews 6 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 18B Determination of placement; immediate provision of IEP to parent Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The district does not consistently provide an IEP to the parent/parents immediately following the development of the IEP at the Team Meeting. In order to meet the requirement of “immediately” the Department has issued guidance which recommends that the district’s procedures for issuing the IEP to parents include a summary of the main points of agreement, IEP goals and the service delivery grid at the completion of the Team Meeting and that the complete IEP is sent to the parent/parents within 3-5 days. The district must provide training for Team Chairpersons on this requirement and provide the agenda, the name and qualifications of the trainer, and a copy of the signed attendance sheet to the Department by January 17, 2006. The district also needs to provide the date of each Student Record Reviews Partially Implemented Interviews 7 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Team Meeting held in October, November, and December 2005, and the date on which the IEP was sent to the parent/parents following each Team meeting by January 17, 2006. 8 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 20 Least restrictive program selected Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Substantially Implemented Document Reviews Student Records The district does select and provide services for all its students with disabilities in a program that is in the least restrictive environment. Interviews SE 22 IEP implementation and availability (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service delivery Substantially Implemented Student Record Reviews Interviews The district has an IEP in effect for eligible students at the beginning of each school year and begins services without delay once the students’ parents have accepted an IEP. 9 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified where there is a lack of space and/or personnel)) 10 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 26 Parent participation in meetings (Emphasis on district’s attempts to ensure parent participation at IEP Team meetings) SE 28 Parent provided the IEP or notice of no eligibility together with notification of procedural safeguards and parents' rights SE 29 Communica- Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Substantially Implemented Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting The district does not consistently provide an IEP to the parent/parents Immediately following the development of the IEP at the Team meeting. See the finding under SE 18B. Student Record Reviews Interviews Student Record Reviews The district does ensure that parents are part of the IEP Teams and that their concerns are addressed and considered within the meeting. The district does provide parents with notification of procedural Safeguards and parents’ rights. Interviews Substantially Implemented Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Document Reviews The district does provide information to a parent or 11 Partially Implemented Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) tions are in English and primary language of home Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Student Record Reviews parents in the native language of the home. Interviews 12 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 32 Parent advisory council for special education Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Substantially Implemented Substantially Implemented SE 54 Professional development regarding special education SE 56 Substantially Implemented Document Reviews Interviews Document Reviews Student Record Reviews Interviews Document Reviews Interviews Substantially Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Student Record Reviews SE 50 Responsibilities of the School Principal and Administrator of Special Education Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Document The district has established a parent advisory council (PAC) that meets all of the requirements mandated under state law. The district has appointed a Principal and an Administrator of Special Education; all of the appointed personnel fulfill their responsibilities set forth under M.G.L. c. 71 § 38Q and 38 Q ½ and 603 CMR 28.03 (3). The district considers the needs of all staff in developing training opportunities and provides a variety of offerings, which include the required topics. The district’s special education 13 Note: The requirement of principals and vice principals to oversee the district’s DCAP and its support services for all its students has been moved to MOA 18. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special education programs and services are evaluated Other Requirements Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Implemented Reviews Interviews programs, services, and administrative areas are evaluated. 14 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 55 Special education facilities and classrooms Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Substantially Implemented Document Reviews Onsite Observations MOA 6 Availability of in-school programs for pregnant students Substantially Implemented MOA 22 Accessibility of district programs and services for students with disabilities Substantially Implemented Interviews Document Reviews Interviews Document Reviews The district’s special education facilities and classrooms are now at least equal in all physical aspects to the general education facilities and classrooms. The district has developed and implemented a policy that provides in-school programs for pregnant students. The district’s programs and services are accessible to students with disabilities. Interviews 15 Findings Regarding Incomplete Implementation of Approved Corrective Action Plan or Identification of Additional Issues of Noncompliance Further Corrective Action Ordered by the Department of Education and Timelines for Implementation and Further Progress Reporting