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
May 9, 2005
Dr. Dale Bishop, Director
River Valley Charter School
2 Perry Way
Newburyport, MA 01950
Re:
Onsite Follow-up Monitoring Report - Coordinated
Program Review Corrective Action Plan Verification and Special
Education Mid-cycle Review
Dear Dr. Bishop:
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 May 15, 2002.
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.
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 Onsite Chairperson by May
20, 2005.
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 Onsite Team Chairperson at 781-338-3701.
Sincerely,
Diane L. Chadwell, Coordinated Program Review Follow-up Chairperson
Program Quality Assurance Services
John D. Stager, Administrator
Program Quality Assurance Services
c:
David P. Driscoll, Commissioner of Education
Katherine Moore, Charter School Board Chairperson
Lori McCrevan, District Program Review Follow-up Coordinator
Encl.: Follow-up Monitoring Report
2
MASSACHUSETTS DEPARTMENT OF EDUCATION
COORDINATED PROGRAM REVIEW
River Valley Charter School
ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION
AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION
Action Plan Submitted on September 9, 2002
Onsite Visit Conducted on January 7, 2005
Date of this Report May 9, 2005
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

Special
Education
Requirements
SE 3
Special
requirements for
determination of
specific learning
Record and
document
review

Review of records
indicated that the charter
school is not completing
the required observation of
the student and IEP Team
The school should
revise its procedures
for determining if a
student has a specific
learning disability to
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

disabilities
members do not certify in
writing whether the report
reflects his or her
conclusions. The report
format that the charter
school proposes to use for
the written documentation
of the Team’s decision
does not include all of the
required elements.
2
include an observation
of the student and
written certification of
the Team’s
determination
including all required
elements signed by all
Team members. By
November 18, 2005,
provide a copy of the
observation report and
required written
certification from a
sampling of 10 student
records for students
who have been
determined to have
specific learning
disabilities during the
fall of 2005.
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
Comments Regarding
Corrective Action Plan
Implementation

(Emphasis on
practices in
determining
needed transition
planning and
services and
consideration of
courses of study
related to needed
transition)

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
Because the charter school
enrolls students from
kindergarten to the eighth
grade, only item 1. of this
criterion applies. Record
review and an interview
with the special education
director indicated that
although the school
discusses the future goals
of all students as they plan
their transitions to high
school, this discussion
occurs outside the special
education Team meeting
and is not documented in
the student’s IEP.
Because the IDEA
regulations, which will
be implemented on
July 1, 2005, do not
require documentation
of transition services
until age 16, this
criterion will no longer
apply to the school.
No corrective action is
required.


Records and
interview with
the special
education
director
SE 6
Determination of
transition
services
SE 13
Progress Reports
and content
Method(s) of
Verification
Record review
Progress reports are provided
to the parents of disabled
students as often as parent of
nondisabled students receive
them. The progress reports
3
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

generally are very
comprehensive and generally
all state whether progress was
sufficient for the student to
meet the goal by the end of the
year.
4
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 15
Outreach by the
School District
(Child Find)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s) of
Verification


Document
review and
interview with
the special
education
director
The charter school is only
responsible for outreach for
Child Find purposes within the
school itself. Documentation
review indicated that the
district provides information to
parents in the parent/student
handbook regarding how to
refer a student for an evaluation
they believe that their child
may need special education
services.
Because the charter school does
not enroll preschool children, it
is not responsible for
implementing this criterion.

Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified

SE 17
Initiation of
services at age
three and Early
Intervention
transition
procedures
SE 18A
Comments Regarding
Corrective Action Plan
Implementation
Record review
Upon determining that a
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)
IEP development
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

student is eligible for special
education services, the Team
develops an IEP that includes
all required elements.
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)
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s) of
Verification
Comments Regarding
Corrective Action Plan
Implementation


SE 18B
Determination of
placement;
immediate
provision of IEP
to parent

Record review
At the Team meeting, after the
IEP has been developed, the
Team determines the
appropriate placement to
deliver the IEP services.
SE 20
Least restrictive
program selected

Record review
and interview
with the special
education
director
IEP Teams always consider the
least restrictive environment
when selecting a program for
students.
SE 22
IEP
implementation
and availability

Record review
and interview
with the special
education
director
Once an IEP is accepted in
whole or in part by the parent,
it is implemented without
delay.
(Emphasis on
provision of IEP
services without
delay; provision of
the IEP at the
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified
7
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

beginning of the
school year; and,
alternative
methods of service
delivery where
there is a lack of
space and/or
personnel)
8
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
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
Because the charter school
The school is directed


Record and
document
review
The charter school has a very
high rate of parent participation
at IEP Team meetings.

Record review
and interview
with the special
education
director
The charter school generally
provides the parent with the
IEP or finding of no eligibility
without delay after the Team
meeting.
(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

Document
9
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Communications
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
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
has not had a parent whose
native language was not
English, it has not needed
to communicate with a
parent in a language other
than English. The school
currently does not have a
process or identified
resources in place if it
needs to communicate in
another language.
to develop procedures
to provide necessary
translations in the
native language of
parents who are not
English proficient so
that if a student whose
parents are LEP does
enroll, the school will
be prepared to
communicate with
them. By November
18, 2005, submit a
copy of the new
procedures including a
list of translation
resources that the
school will utilize.

review and
interviews
10
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
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 charter school does not
have a Special Education
Parents Advisory Council
(PAC) or any other formal
process to ensure that
parents are involved in the
planning and evaluation of
the special education
program.
The school is directed
to develop a special
education PAC or
another method to
ensure that parents are
participating in the
advising the school on
matters pertaining to
the education and
safety of students with
disabilities including
the planning,
development and
evaluation of the
school’s special
education programs.
By November 18,
2005 submit a
description of the
school’s progress
towards this goal and
copies of agendas from
meetings held to solicit
parent input and /or


Document
review and
interview with
the special
education
director
11
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

development of a
PAC.
12
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
SE 50
Responsibilities
of the School
Principal and
Administrator of
Special
Education
SE 54
Professional
development
regarding 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

partial
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

Interview with
the special
education
director
The principal and special
education director have
ongoing communication and
that the principal arranges for
home and hospital programs
for students and coordinates
with the special education
director for students with IEPs.
partial

Document
review and
interview with
charter school
administrators
13
The District
Accommodation Plan
developed for the charter
school focused on special
education students rather
than regular education
students as required. The
charter school did not
provide documentation of
the instructional supports
provided for all students.
The school is directed
to develop the required
elements of the DCAP
for regular education
students as indicated in
item 2 of this criterion.
By November 18,
2005, submit a copy of
the school’s DCAP.
The school may
substitute copies of
other school plans that
contain this required
information.
The charter school did not
provide evidence indicating
that all staff are offered
professional development
in the following areas
annually:
 State and federal
special education
requirements,
By November 18,
2005, submit evidence,
(agenda and sign-in
sheet), that all staff
have received training
regarding state and
federal special
education
requirements and
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


SE 56
Special
education
programs and
services are
evaluated
Further Corrective
Action
Ordered by the
Department of
Education
and Timelines for
Implementation and
Further Progress
Reporting
Confidentially of
student records
confidentiality of
student records.
Document
review and
interviews with
charter school
administrators

The charter school does not
have a process to regularly
evaluate its special
education program.
The school is directed
to develop a process to
evaluate its special
education program
including all items of
this criterion. By
November 18, 2005,
submit a copy of the
school’s three-year
plan to evaluate the
special education
program.
Record review
and interview
with the special
education

The charter school does not
include the “Education
Assessment,” (history and
teacher evaluation), in the
The school is directed
to revise its procedures
to ensure that the
Educational
Other
Requirements
SE 2
Required and
optional
assessments
14
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


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
student record. The DOE
onsite team was not able to
determine that Educational
Assessments were
completed for each initial
and re-evaluation.
Assessment is
included in the student
record. By November
18, 2005, submit a
copy of the revised
procedures.

director
SE 25
Parental consent
Corrective
Action Plan
Determined
to be Not
Fully
Implemented or
Additional
Issues
Identified
Record review
and interview
with the special
education
director
Parental consent is obtained as
required for all evaluations,
reevaluations and other
changes in the student’s
program.
15
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

SE 53
Use of paraprofessionals

MOA 10A
Handbooks and
codes of conduct
partially
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 charter school’s
procedures do not include a
process to document the
annual distribution of
codes of conduct.
The procedures included in
the code of conduct for the
disciplining of students
with special education
needs is outdated. It does
not include all of the
requirements and it refers
to sections of Chapter 766
regulations that no longer
exist.
The school is directed to
develop a process to
document the annual
distribution of codes of
conducts to all students
and parents.
The school is directed to
revise its statement
regarding the
disciplinary procedures
for students with
disabilities.
By November 18, 2005,
submit a copy of the
school’s process to
document the
distribution of its code of
conduct and a copy of

Document
review and
interview with
the special
education
director
Paraprofessionals are
appropriately trained and
supervised to assist in
providing special education
services.
Document
review
The charter school has a code
of conduct that includes
procedures assuring due
process in disciplinary
proceedings.
16
partially
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
MOA 11A
Designation of
liaison/coordinat
or(s); grievance
procedures
Implementation Status of
Requirements
or
Corrective
Action Plan
Determined
to be Substantially
Implemented
Method(s) of
Verification
Comments Regarding
Corrective Action Plan
Implementation

partially
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 charter school’s code
of conduct does not include
disciplinary procedures for
student with Section 504
Accommodation Plans.
the student/parent
handbook including the
revised statement of
procedurals safeguards
for students with
disabilities and for
students on section 504
Plans.
Please submit a draft of
these statements to the
Department for review
prior to publication in the
student/parent handbook.
The charter school is
currently working to revise
its civil rights grievance
procedures to meet state
and federal requirements.
By November 18,
2005, submit a copy of
the school’s revised
grievance procedures.
The charter school’s notice
of nondiscrimination does
not consistently include the
name, addresses and phone
By November 18,
2005, submit a copy of
the school’s revised
statements of

Document
review
The charter school has
designated a homeless
coordinator, a Title IX and a
Section 504 coordinator.
partially

MOA 12A
Annual and
continuous
notification
17
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

concerning
nondiscriminatio
n and
coordinators
numbers of the persons
designated under MOA
11A.
The charter school is
currently working to revise
its notices of
nondiscrimination to meet
state and federal
requirements.
MOA 17A
Use of physical
restraint on any
student enrolled
in a publicly
funded education
program

Document
review and
interview with
the special
education
director
The charter school has policies
and procedures regarding the
use of restraint and provides all
required restraint training for
staff.
MOA 21
Staff training
regarding civil
rights
responsibilities

Documentation
and interviews
with charter
school
administrators
The charter school provides inservice training annually for all
staff regarding civil rights
responsibilities.
18
nondiscrimination
including the require
notice of the civil
rights coordinators.
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

19
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