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 21, 2012 Beth Singer, Superintendent Provincetown Public Schools 12 Winslow Street Provincetown, MA 02657 Re: Mid-cycle Report Dear Superintendent Singer: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in May 2012. 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). We are pleased to tell you that the Department has found your district to be in compliance with all of the criteria monitored in your district during the Mid-cycle Review. The findings of the Department are included in the enclosed report. You and your entire staff are to be congratulated for your success in implementing the requirements included in these criteria. The Department will notify you of your district's next regularly scheduled Coordinated Program Review (CPR) several months before it is to occur. At this time we anticipate that this CPR will occur sometime during the 2014 - 2015 school year unless the Department determines that there is some reason to schedule this visit earlier. 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 Coretta McCarter at 781338-3733. Sincerely, Coretta McCarter, 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 Dean Paolillo, Supervisor, Program Quality Assurance Services Shannon Patrick, School Committee Chairperson Encs: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Provincetown Public Schools Dates of the Mid-cycle Review Onsite: May 7-8, 2012 Date of this Report: June 21, 2012 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) Method(s) of Investigation Student Record Review Staff Interview Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation One year prior to the student reaching age 18, the district informs the student and the parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday. The notification provided to both Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 1 of 15 (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 the student and the parent/guardian states that all rights accorded to parents under special education law will transfer to the 18 year old student. Upon reaching the age of 18, the district consistently implements procedures to obtain consent from the student to continue the student’s special education program. The district is providing the IEP and the Notice of Proposed School District Action (N1) to the student as appropriate. SE 8 IEP Team composition and attendance Student Record Review Staff Interview A review of student records and interviews indicate that the IEP Team meeting attendance is consistent with regulatory requirements. At all grade levels, all required members of the IEP Team are present at IEP Team meetings. Members of the IEP Team attend IEP Team meetings unless: Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 2 of 15 (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 SE 18A IEP development and content Student Record Review Staff Interview If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district and the parent agree, in writing, that the attendance of the IEP Team member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or The district and parent agree, in writing, to excuse a required IEP Team member’s participation and the excused member provides written input into the development of the IEP to the parent and IEP Team prior to the meeting. IEP Teams consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing when a student is identified with a disability that affects social skills development, when the disability makes him or her Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 3 of 15 (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 vulnerable to bullying, harassment, or teasing; or when the student is identified with a disability on the autism spectrum. IEPs address all required elements: Extended school day/year; Non-participation justification statement; Present Levels of Educational Performance (PLEP) B” page; and Additional information sections are completed and specific to each individual student. SE 25 Parental consent Student Record Review Staff Interview The district provides written notice to the parent when a parent revokes consent to special education services in writing stating the district’s proposal to discontinue services based on the revocation of consent. The notice includes information on how the parent can obtain a copy of the procedural safeguards. The district provides Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 4 of 15 (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 notice within a reasonable time before it intends to discontinue services. The district obtains parental consent for IEPs, placement and an evaluation of the student. In addition, the district ensures that parents check off their decisions with regard to proposals. When the participation or consent of the parent is required and the parent fails or refuses to participate, the district documents the attempts to secure the consent of the parent through multiple attempts using a variety of methods. See also SE 26 and SE 8. Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 5 of 15 (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 Method(s) of Investigation Basis of Determination about Criterion Student Record Review The district completes the required educational assessments (Educational Assessments Part A and B) for initial and re-evaluations. Student Record Review School personnel are correctly completing the specific learning disability (SLD) forms. Student Record Review The special educators in the district are correctly and consistently using the IEP Transition Planning Form. Staff Interview The student records showed that students attend the IEP Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation SE 2 Required and optional assessments SE 3 Special requirements for determination of specific learning disability SE 6 Determination of transition services Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 6 of 15 (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 Team meetings at which transition services are discussed. SE 9 Timeline for determination of eligibility and provision of documentation to parent Student Record Review A review of student records indicated that the district provides a proposed IEP and placement within 45 school working days of receipt of parental consent. SE 12 Student Record Review A review of student records indicated that a re-evaluation is conducted every three-years for students at the high school level unless: a. The parent and district agreed that it is unnecessary; b. A re-evaluation is conducted no more frequently than once a year unless the parent and district agreed otherwise. Frequency of reevaluation Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 7 of 15 (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 Student Record Review At least annually, on or before the anniversary date of the IEP, an IEP Team meeting is held to consider the student’s progress and to review, revise, or develop a new IEP for students. Document Review The district conducts annual outreach and continuous liaison with community groups from which promotion or transfer of students in need of special education may be expected. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation SE 14 Review and revision of IEPs SE 15 Outreach by the School District Staff Interview SE 18B Determination of placement; provision of IEP to parent Student Record Review Staff Interview At the IEP Team meeting, after the IEP has been fully developed, the Team provides a written proposal of the IEP to the parent immediately. The proposal contains information regarding the service delivery and goals. Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 8 of 15 (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 20 Least restrictive program selected Student Record Review The district consistently completes individualized student- specific Nonparticipation Justification statements where students receive direct services in a special education setting. Student Records The IEP Team consistently considers the need for an educational program that is less than or more than the regular school day or school year, including extended day, extended year, and/or residential services, and indicates on the IEP why the shorter or longer program is necessary. Student Record Review The review of student records indicated that at the beginning of each school year, the district has an IEP in effect for each eligible student including SE 21 School day and school year requirements SE 22 IEP implementation and availability Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 9 of 15 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Staff Interview Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation students at the junior and senior high school level. SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Student Record Review Staff Interviews A review of student records and staff interviews indicated that the district responds to referrals for an evaluation within five school working days of the receipt of the referral, in addition to providing parents with the district’s notice of procedural safeguards. The district provides parents with the written notice of proposed school district action (N1) which addresses all of the content requirements set forth in federal regulation, seeks the consent of the parent for the evaluation to occur, and provides the parent with the opportunity to express any concerns or provide Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 10 of 15 (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 information on the student’s skills or abilities and to consult regarding the evaluators to be used. The district uses the N2 notice only when the circumstances of a student make clear that there is no suspicion of a disability; that there is no concern about the student’s development and the district refuses to conduct an initial evaluation. SE 25A Sending of copy of notice to Special Education Appeals Student Record Review Staff Interviews The student record review and staff interviews indicated that the district sends partially rejected IEPs to the Bureau of Special Education Appeals (BSEA). SE 26 Parent participation in meetings Student Record Review Staff The student record review and staff interviews indicated that the district notifies all parent(s), including junior and senior high school parents, in Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 11 of 15 (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 Interviews writing of any IEP Team meeting early enough to ensure that they have an opportunity to attend. Document Review A review of documentation and staff interviews indicated that the district has procedures to ensure the translation of notices, IEP Team meeting invitations, progress reports, IEPs, placements and evaluation consent forms if necessary. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation SE 29 Communications are in English and primary language of home Staff Interview In addition, if the district provides notices orally or in some other mode of communication that is not written language, the district keeps written documentation (a) that it has provided such notice in an alternate manner, (b) of the content of the notice and (c) of the steps taken to ensure that the parent understands the content of the notice. Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 12 of 15 (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 Home surveys and notices of parental requests for interpreters or translated documentation are documented in the student record. SE 32 Parent advisory council for special education Document Review Staff Interview The duties of the parent advisory council for special education (SEPAC) include advising the district on matters that pertain to the education and safety of students with disabilities and participating in the planning, development and evaluation of the district’s special education programs. The SEPAC operates under bylaws and conducts an annual parents’ rights workshop. SE 33 Involvement in the general curriculum Student Record Review Please see SE 18A. Staff Interview Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 13 of 15 (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 Student Record Review A review of student records and interviews indicated that the district provides or arranges for the provision of transition services and vocational opportunities for students of transition age by ensuring that a continuum of services and alternative placements is available to meet the needs of students with disabilities. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation SE 34 Continuum of alternative services and placements Staff Interview SE 36 IEP implementation, accountability and financial responsibility Student Record Review Please see SE 37. Document Review Staff Interview SE 37 Procedures for approved and unapproved outof-district placements Student Record Review A review of student records, documentation and staff interviews indicated that the district enters into written Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 14 of 15 (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 Document Review contracts with out-of-district placements. Staff Interview The district monitors the provision of services and the programs of individual students placed in out-ofdistrict programs. Evidence of site visits and actual monitoring plans conducted by the special education director are placed in the file of eligible students who have been placed out-of-district. Student Record Review A review of student records, documentation and interviews indicate the district is currently using an updated checklist for making manifestation determinations, which reflect current regulatory requirements. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days Document Review Staff Interview Provincetown Coordinated Program Review Mid-cycle Report June 21, 2012 Page 15 of 15 (b) Progress Report Due Date(s) and Required Elements