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 September 3, 2013 Dr. Paul Dakin, Superintendent Revere Public Schools 101 School Street Revere, MA 02151 Re: Mid-Cycle Report Dear Superintendent Dakin: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in May 2013. 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 September 18, 2013. 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 Lynn A. Summerill at 781-338-3735. Sincerely, 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 Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Mayor Dan Rizzo, School Committee Chairperson Christopher Malone, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Revere Public Schools Dates of the Mid-cycle Review Onsite: May 14-15, 2013 Date of this Report: September 3, 2013 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 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 PI Student Records The district does not consistently notify the student and parent/guardian of the transfer of rights requirements one year prior to the student reaching age 18. Specifically, the district does not inform the student and parent/guardian that all rights accorded to parents under special education law will transfer to the 18 year-old student. In addition, the district For those students who are 17 years of age and whose records were identified by the Department, provide notice to the student and parent/guardian of the transfer of parental rights. Ensure that the notification states that all rights accorded to parents/guardians under special education law will transfer to the student once he or she turns 18 years of age. For those student records identified by the Department, for students 17 years of age, submit a copy of the notification provided to the student and parent/guardian. For students who Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 1 of 14 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 does not consistently obtain consent from the student to continue his or her special education program upon reaching the age of 18; students are not signing their IEPs at the age of majority. Additionally, for those students who have reached the age of majority, obtain consent from the student to continue his or her special education program. have reached the age of majority, submit a copy of the signature page from the most recently developed IEP, after the student turned 18 years of age. Develop procedures for informing the student and parent/guardian of the transfer of parental rights requirements one year prior to the student reaching the age of 18. Also develop procedures for obtaining consent from the student to continue his or her special education program. Train all high school IEP Team chairpersons on these procedures. Using the district’s special education database, develop an internal oversight and tracking system to ensure the implementation of the age of majority procedures. The tracking system should include supervisory oversight and periodic reviews by the Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 2 of 14 Provide a copy of the procedures and evidence of Team chairperson training at the high school. Submit the agenda and signed attendance sheet with the name and role of staff. Submit a description of the internal oversight and tracking 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 Director of Special Education to ensure ongoing compliance. system with periodic reviews, along with the name and role of the designated person. Develop a report of the results of an internal review of records for students who turned 17 years of age and for students who turned 18 years of age, after implementation of all of the district’s corrective actions, for evidence of compliance with provision of notification one year prior to the student reaching the age of majority and obtaining consent from the student to continue his or her special education program. *Please note that 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 record review; b) Date of the review; c) Name of person(s) who Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 3 of 14 Submit the above information by November 12, 2013. Submit the results of a review of student records and include the following: 1. Number of records reviewed; 2. Number of records in compliance; 3. For any records not in compliance, determine the root cause; and 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 conducted the review with their roles(s) and signature(s). (b) Progress Report Due Date(s) and Required Elements 4. Specific corrective actions taken to remedy the noncompliance. Submit the information indicated above by February 25, 2014. SE 8 IEP Team composition and attendance Student Records The district has all members in attendance at IEP Team meetings. In the event that a Team member does not attend, the district is using the excusal process appropriately. If a Team member is unable to attend an IEP Team meeting: 1. The district and parent agree, in writing, that the attendance of the Team member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or 2. The district and parent agree, Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 4 of 14 Criterion Criterion Implemented SE 18A IEP Development and content Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation in writing, to excuse the required 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 for students identified with a disability on the autism spectrum, when a student’s disability affects social skills development, or when the disability makes the student vulnerable to bullying, harassment or teasing. This information is indicated in the Notice of Proposed School District Action (N1), as well as in the IEP under the Additional Information section, the Present Levels of Educational Performance B: Other Educational Needs (PLEP B) section and in the IEP goals and Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 5 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Document Review Interviews SE 25 Parental consent Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation objectives. Upon receipt of a parent’s written request to discontinue special education services, the district immediately provides written notice to the parent of the district’s proposal to discontinue services based on the revocation of consent, along with a copy of the procedural safeguards. The district provides this notice a reasonable time before it intends to discontinue services. When parents do not respond to the district’s efforts to obtain consent before conducting an initial evaluation or a reevaluation, the district attempts to secure consent through multiple means such as notices sent via certified mail, telephone calls with offers to meet with parents to review the proposed evaluation, and home visits. Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 6 of 14 (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 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 always conduct classroom observations that parents have consented to, as part of the initial evaluation or reevaluation process, for students whose suspected disability is other than Specific Learning Disability (SLD). Conduct the classroom observations for those students whose records were identified by the Department. Develop an internal oversight and tracking system to ensure that the district conducts classroom observations when parents have provided consent. The tracking system should include supervisory oversight and periodic reviews to ensure ongoing compliance. For those students whose records were identified by the Department, submit a copy of the classroom observation, the Team Meeting Invitation (N3) and the signed Team Meeting Attendance Sheet (N3A) indicating that the Team reconvened and discussed the observation results. After implementation of all of the district’s corrective actions, Submit a copy of the Develop procedures to ensure that classroom observations are conducted when parents have provided consent. Train appropriate staff on these procedures. Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 7 of 14 (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 develop a report of the results of an internal review of records to ensure that the district conducts classroom observations when a parent has provided consent. * Please note that 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 record review; b) Date of the review; c) Name of person(s) who conducted the review with their roles(s) and signature(s). (b) Progress Report Due Date(s) and Required Elements procedures and evidence of staff training, including the agenda and sign-in sheet. Submit a description of the internal oversight and tracking system with the name and role of the designated person. Submit the information indicated above by November 12, 2013. Submit the results of the review of records and include the following: Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 8 of 14 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 1. Number of records reviewed; 2. Number of records in compliance; 3. For any records not in compliance, determine the root cause; and 4. Specific corrective actions taken to remedy the noncompliance. Submit the above information by February 25, 2014. SE 11 School district response to parental request for Student Records Document Review The district’s letter to parents who request an independent educational evaluation (IEE) is appropriate and includes the following: 1) A statement acknowledging Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 9 of 14 Criterion Criterion Implemented independent educational evaluation SE 15 Outreach by the school district (Student Find) Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Interviews that the unique circumstances of a child may justify an individual assessment rate higher than normally allowed; and 2) A description of the provisions entitling parents to an IEE in an area not assessed by the district. The revised letter no longer contains references to Ch. 766. The district’s outreach activities include notices and publications that contain statements that student find extends to all students age 3 to 21. Notices are sent to early childhood providers, doctors’ offices, clinics, parental organizations, private and parochial schools, other schools that are part of the district, and agencies servicing migrant and homeless students. Document Review Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 10 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE SE 39B Procedures used to provide services to eligible students who are enrolled at private Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records The Evaluation Consent Form (N1A) is sent to parents within five school days of receipt of a referral. Document Review Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The Notice of Proposed School District Action (N1) is comprehensive and contains all required elements, including descriptions of proposed or refused actions, explanations of why actions are proposed or refused, other options that were considered and rejected, descriptions of evaluation procedures, other relevant factors, recommendations and next steps. The district ensures that students attending private schools in the district receive special education services. When it is not feasible for students to access services at the school district during the day, the district makes reasonable efforts to coordinate and ensure that Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 11 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation expense in private schools in the district and whose parents reside out of state SE 41 Age span requirements If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation services are available in other settings. Document Review Interviews SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 Basis of Determination about Criterion Student Records Document Review Interviews While the age span in the Functional Academics/Life Skills class at the high school exceeds 48 months, the district applied for a waiver which has been granted by the Department. Additionally, small group counseling services provided by school adjustment counselors do not exceed the age span requirements. The district is properly administering suspension procedures. Students are placed in 45-day interim alternative educational settings only if the infractions involve weapons, illegal drugs, infliction of serious bodily injury or upon authorization of a hearing officer who Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 12 of 14 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district SE 53 Use of paraprofessionals Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation determines that the student is “substantially likely” to injure him/herself or others. Document Review Interviews Manifestation determinations are routinely conducted when students reach seven days of suspension. If a manifestation determination finds that the behavior is related to the disability, a functional behavioral assessment (FBA) is conducted, the student’s existing Behavior Intervention Plan (BIP) is reviewed or a new one is created, and the student is returned to his or her current placement. FBAs and BIPs are developed and implemented where appropriate to prevent behaviors from reoccurring. Paraprofessionals are supervised by special education teachers and principals, who are proximate and readily available. Paraprofessionals receive training in special education Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 13 of 14 (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 and have access to the IEPs for the students they service. SE 54 Professional Development SE 55 Special education facilities and classrooms Document Review See SE 53. Interviews Observation A site visit to the McKinley Elementary School confirmed that special education classes are not held in hallways. Special education classrooms are equal in physical respects to general education classrooms and are interspersed throughout the building, among the general education classes. Revere Public Schools Coordinated Program Review Mid-cycle Report September 3, 2013 Page 14 of 14 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Revere 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