COORDINATED PROGRAM REVIEW MID-CYCLE REPORT District: Rockport Public Schools MCR Onsite Dates: 03/25/2013 - 03/26/2013 Program Area: Special Education Mitchell D. Chester, Ed.D. Commissioner of Elementary and Secondary Education COORDINATED PROGRAM REVIEW MID-CYCLE REPORT SE Criterion # 3 - Special requirements for determination of specific learning disability Rating: Partially Implemented Basis for Findings: Record review indicated that when the district conducts re-evaluations for students previously identified as having a specific learning disability (SLD) by the district or another district, IEP Teams do not always propose SLD as the suspected area of disability and therefore do not complete the required written eligibility determination and the four components used to determine eligibility: Historic review and educational assessment (SLD 1), Area of concern and evaluation method (SLD 2), Exclusionary factors (SLD 3) and Observation (SLD 4). Department Order of Corrective Action: Please ensure that IEP Team chairpersons and other key personnel are trained in the appropriate development of the four required components and written determination for documenting a determination of Specific Learning Disability for initial evaluations and reevaluations. Please use the Department’s guidance at http://www.doe.mass.edu/sped/iep/sld/default.html as the basis of this training. Please develop an internal system of periodic review for the completion of all required components of the SLD eligibility process and identify the person(s) responsible by name and title for this internal monitoring. Please conduct a student record review of 15 records for evidence that students identified as SLD are appropriately re-evaluated using the required documentation process for determining eligibility. This sample must be drawn from records of students across all grade levels who were re-evaluated for a determination of SLD, subsequent to the completion of the school’s corrective actions. *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 level for the record review; b) Date of the review; c) who conducted the review, their role(s), and their signature(s). Required Elements of Progress Reports: Submit evidence of staff training, including an agenda, training materials, and signed attendance sheets, indicating name and role of staff. Submit a description of the oversight system and identify the person(s) responsible for monitoring the completion of the SLD components, including the date of the system's implementation and the staff responsible for the review. This progress report is due October 21, 2013. Submit a report of the results of an internal review of records. Include the number of records reviewed and number of records in compliance. For all records not in compliance with this criterion, provide corrective actions taken by the district to remedy any noncompliance. This progress report is due February 10, 2014. Progress Report Due Date(s): 10/21/2013 02/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 2 of 8 SE Criterion # 4 - Reports of assessment results Rating: Partially Implemented Basis for Findings: Student record review indicated that assessment reports do not always include the procedures employed or diagnostic impressions and do not provide details that identify the student's educational needs or offer explicit means of meeting the needs. Department Order of Corrective Action: Please ensure that key personnel responsible for administering these assessments are trained in the appropriate development of assessment reports that include the procedures employed, the evaluator’s diagnostic impressions, and a description of the student’s needs in educationally relevant and common terms and the explicit means of meeting these needs. Please develop an internal system of periodic review of completed assessment summaries and identify the person(s) responsible by name and title for this internal monitoring. Conduct an internal review of student records from a cross-section of the district’s schools. Please select a sample of 15 records from initial evaluations or re-evaluations conducted after implementation of all corrective actions for evidence that academic assessment reports include the procedures employed, the evaluator’s diagnostic impressions, and a description of the student’s needs in educationally relevant and common terms and explicit means of meeting these needs. *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 level for the record review; b) Date of the review; c) who conducted the review, their role(s), and their signature(s). Required Elements of Progress Reports: Submit evidence of staff training, including an agenda, training materials, and signed attendance sheets, indicating name and role of staff. Submit a description of the oversight system and identify the person(s) responsible for monitoring the completeness of assessment summaries, including the date of the system's implementation and the staff responsible for the review. This progress report is due October 21, 2013. Submit a report of the results of an internal review of records. Include the number of records reviewed and number of records in compliance. For all records not in compliance with this criterion, provide corrective actions taken by the district to remedy any noncompliance. This progress report is due February 10, 2014. Progress Report Due Date(s): 10/21/2013 02/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 3 of 8 SE Criterion # 7 - Transfer of parental rights at age of majority and student participation and consent at the age of majority Rating: Partially Implemented Basis for Findings: Interviews and student record review demonstrated that the district does not notify parents and students of the transfer of educational decision-making rights one year prior to students reaching the age of 18. Student records indicated that the district does consistently obtain consent from the student to continue the student's special education program once the student has reached the age of majority. Department Order of Corrective Action: Develop a procedure for notifying families and students of the transfer of parental rights to the student at the age of majority based on the ESE’s administrative advisory 2011-1 http://www.doe.mass.edu/sped/advisories/11_1.html. Please provide training to IEP Team chairpersons and other key personnel on the district’s newly developed age of majority policy. Please institute a tracking and monitoring system and identify the key personnel responsible for oversight of the system and for conducting periodic reviews to ensure that parents and students are notified of the transfer of educational decision-making rights one year prior to students reaching the age of 18 by mail or during an IEP Team meeting and provision of this notification is documented in the student record or in the IEP thereafter. Conduct an internal review of records for high school students both in- and out-of-district who turned 17 after implementation of all corrective actions for evidence that 1) families and students are notified of the transfer of educational decision-making rights one year prior to the student turning 18, either by mail or during an IEP meeting, and 2) notification is documented in the student record. *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 level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). Required Elements of Progress Reports: Submit evidence of training provided to IEP Team chairpersons and other relevant staff, including the signed attendance sheet indicating staff name and role, the agenda, and training materials. Submit the description of the internal oversight and tracking system, identifying the person(s) responsible for the oversight. This progress report is due October 21, 2013. Submit the results of the review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the non-compliance. This progress report is due February 10, 2014. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 4 of 8 SE Criterion # 7 - Transfer of parental rights at age of majority and student participation and consent at the age of majority Progress Report Due Date(s): 10/21/2013 02/10/2014 SE Criterion # 8 - IEP Team composition and attendance Rating: Implemented Basis for Findings: Review of student records and interviews with staff members demonstrated that required Team members consistently attend IEP meetings. When a required Team member is absent from the meeting, the district secures the parent’s agreement in writing to excuse the Team member before the meeting. The required excused Team member provides written input in advance of the meeting to the parent and IEP Team for development of the IEP. Staff interviews indicated that the district and parent agree in writing when excusing Team members who are not necessary because their area of the curriculum or services is not being modified or discussed. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 5 of 8 SE Criterion # 14 - Review and revision of IEPs Rating: Partially Implemented Basis for Findings: Record review and staff interviews indicated that IEP Teams do not consistently convene annual IEP meetings on or before the anniversary date of IEPs, so that Teams can review the students’ progress and revise or develop a new IEP or refer the student for a reevaluation. Record review and staff interviews also indicated that IEP Teams use the amendment process to extend the current IEP’s one-year date. Please note that the requirement for annual reviews does not run parallel with reevaluations. Department Order of Corrective Action: Conduct an analysis of student records for students with annual IEP review meetings between September 2012 and April 2013 to determine why IEP Teams do not consistently convene annual IEP meetings on or before the anniversary date of IEPs. Based on the results of the analysis, provide the district’s determination of the root cause(s) of the non-compliance, the steps the district proposes to take to correct the root causes, and a timeline for the implementation of those corrections. Conduct an internal review of student records from a cross-section of the district’s schools. Please select a sample of 15 student records drawn from students whose annual meetings were held after implementation of all corrective actions for evidence that annual reviews were convened on or before the one-year anniversary of IEPs. *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 level for the record review; b) Date of the review; c) Name of person(s) who conducted the review, their roles(s), and their signature(s). Required Elements of Progress Reports: Submit the results of the analysis conducted of the records for students with annual IEP review meetings between September 2012 and April 2013. Include the number of records reviewed and the number of records in compliance. Include a description of the root cause(s) of any noncompliance; a description of the steps the district will take to correct the root cause(s); and the district’s proposed timeline for implementation of corrective actions by October 21, 2013. Submit the results of the second review of student records. Indicate the number of student records reviewed, the number of student records in compliance, for all records not in compliance with this criterion, determine the root cause(s) of the noncompliance and provide the school’s plan to remedy the non-compliance. This progress report is due February 10, 2014. Progress Report Due Date(s): 10/21/2013 02/10/2014 Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 6 of 8 SE Criterion # 18A - IEP development and content Rating: Implemented Basis for Findings: Student record and document review demonstrated that the district’s IEP Teams routinely discuss whether bullying, harassment, or teasing is an issue for students whose disability made him or her vulnerable to bullying, harassment, or teasing or for students whose evaluations indicate a disability that affects social skills development. Record review demonstrated that when these students need support, the school develops and documents appropriate IEP goals and services to address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. Student record and document review also demonstrated that for students identified with a disability on the autism spectrum, the district’s IEP Teams specifically address the students’ social skills and communication challenges with peers and staff. For these students, IEP Teams develop and document appropriate IEP goals and services to address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. Student record review demonstrated that IEP Teams appropriately document student needs on the Present Levels of Educational Performance B section of the IEP, and service delivery grids indicate service frequency and duration for students placed out-of-district. SE Criterion # 25 - Parental consent Rating: Implemented Basis for Findings: Document review and staff interviews indicated that when parents revoke consent for special education services in writing, the district will act promptly to provide notice to discontinue services within a reasonable timeframe and attach a copy of the parent’s procedural safeguards. Interviews verified that the district will not use mediation or request a due process hearing to obtain agreement or a ruling requiring the continuation of services, consistent with federal regulation. The district did not have any current records for revocation of consent at the time of the mid-cycle review. SE Criterion # 26 - Parent participation in meetings Rating: Implemented Basis for Findings: The district submitted the roster of special needs students as required by the Department. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 7 of 8 SE Criterion # 29 - Communications are in English and primary language of home Rating: Implemented Basis for Findings: Student record review and staff interviews indicated that translators are provided at IEP Team meetings for parents who require interpretation. Student records and staff interviews also indicated that the district translates all special education documents, such as IEPs, progress reports, consent forms, Team invitations and other notices, for parents whose primary language is not English. Staff interviews indicated that there is a consistent process for translating special education documentation for low incidence languages, either orally or in written form. When oral translations are provided, this provision is documented in the student record. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services Rockport Mid-Cycle Report – September 17, 2013 04:22:23 PM Page 8 of 8