Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 July 14, 2008 Karmala Sherwood, Charter School Leader Smith Leadership Academy Charter School 23 Leonard Street Boston, MA 02122 Re: Mid-cycle Report 2008 Dear Ms. Sherwood: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report. This report contains findings based on onsite monitoring the Department conducted to determine the effectiveness of corrective action it approved or ordered to address noncompliance identified in your district’s last Coordinated Program Review Report, dated April 22, 2005. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004. We are pleased to tell you that the Department of Elementary and Secondary Education has found the Corrective Action Plan implemented by your district to have been effective in substantially remedying many previously identified noncompliance in Special Education. The Department has also found your district to have implemented special education compliance criteria that were created or substantially changed in response to IDEA 2004, as well as SE 33 on the access of students with disabilities to the district’s general curriculum (the curriculum expected to be taught to all students). While the Department of Elementary and Secondary Education found your district to have resolved most noncompliance issues, a few were partially corrected or the Department’s onsite team identified new issues of noncompliance. The Office of Special Education Programs of the U.S. Department of Elementary and Secondary Education requires that all special education noncompliance be corrected as soon as possible, but in no case later than one year from the time of identification; where the district has failed to implement its CPR Corrective Action Plan, this one-year period has long since passed. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented immediately. In the case of new findings of noncompliance, this corrective action must be corrected as soon as 1 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 progress reporting. Please provide the Department with your written assurance that your charter school will implement the corrective action specified in the report within the timelines specified by the Department. You must submit your statement of assurance to me by July 30, 2008. Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 781338-3726. Sincerely, Tom Taylor, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services C: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education William Lahey, Chairperson, Board of Trustees Cheryl Belfry, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Smith Leadership Academy Charter School Date of Coordinated Program Review (CPR) Final Report: May 20, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: July 1, 2006 Dates of Corrective Action Plan Progress Reports: January 3, 2007, May 30, 2007, September 21, 2007, and November 2, 2007 Dates of this Mid-cycle Review Onsite Visit: June 2 and 3, 2008 Date of this Report: July 14, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number and Topic SE 3 Special requirements for determination of specific learning disability Criterion Implemented Yes Method(s) of Verification Basis of Determination that Criterion was Implemented Student Records and Staff Interviews All members of the Team sign documentation that demonstrates a written determination as to whether the student has a specific learning disability. In the student records examined, the IEP Team completed the new Determination of Specific Learning Disability Form. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 1 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic SE 6 ##1 - 3 Determination of Transition Services SE 8 IEP Team composition and attendance SE 12 Frequency of re-evaluation Criterion Implemented Yes Yes Yes Method(s) of Verification Basis of Determination that Criterion was Implemented Student Records and Staff Interviews SLACS uses the current Transition Planning Form and places the completed form in the student record. Student transition plans are discussed at IEP Team meetings, beginning at age 15. Record Review, Documentation and Staff Interviews SLACS consistently has all required staff members attend Team meetings. There is always someone present at Team meetings to commit the school’s resources. Record Review, Documentation and Staff Interviews SLACS has a monitoring system to track the dates that IEPs are issued and when annual reviews and reevaluations must be scheduled to ensure the timely completion before the anniversary dates of the IEP. The Special Education Administrator is responsible for the oversight of this monitoring system. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 2 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting SE 13 Progress Reports and content Partially Implemented Student Records and Staff Interviews Special education student Progress Reports are provided to parents as often as regular student’s education students receive progress reports. Partially Implemented Information sent to parents does not measure student’s progress toward meeting the IEP annual goals. The charter school must review the progress reporting requirements with the staff responsible for the completion of IEP progress reports. The signed attendance sheet(s) of any staff training sessions must be submitted to the Department by September 30, 2008. After completing the staff training, the charter school will conduct its own internal review of progress reports to ensure that progress reports are measuring student progress towards meeting IEP annual goals. The charter school will indicate to the Department the person(s) responsible for conducting the internal review and the results of the review; including the number of student records reviewed and the school’s compliance rate. The school must also describe any additional corrective actions taken if noncompliance was identified. Please submit the required Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 3 of 12 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting progress report information to the Department December 15, 2008. SE 14 Review and revision of IEPs Yes Student Record Review, Documentation Review and Staff Interviews The charter school has a monitoring system to ensure that annual review meetings are held before the anniversary date of the IEP. SE 25B Resolution of disputes Yes Documentation Review and Staff Interviews SLACS has procedures to address the resolution of disputes before proceeding to the Bureau of Special Education Appeals (BSEA). Yes Student Records, Documentation Review and Staff Interviews All students have access and involvement in the general curriculum according to the student record information and student schedules reviewed by the onsite team. SE 33 Involvement in the General Curriculum SE 39A Procedures for services to eligible private school students NA SE 39A does not apply to charter schools. Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 4 of 12 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting The charter school does not have procedures for conducting manifestation determinations in the handbook. In addition, there was no evidence of The charter school must forward to the Department procedures regarding manifestation determinations that are incorporated into the student/family handbook. The whose parents reside in the district (SE 39A does not apply to charter schools or vocational schools) SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state SE 39B does not apply to charter schools. NA (SE 39B does not apply to charter schools or vocational schools) SE 46 Procedures for suspension of students with disabilities more than 10 Partially Implemented Documentation Review and Staff Interviews Smith Leadership Academy has a policy and procedures in place for the suspension of students with disabilities. The policy and procedures are stated in the Partially Implemented Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 5 of 12 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented student/family handbook. days Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting staff training on conducting manifestation determinations charter school must forward to the Department copies of agendas, staff sign-in sheets and workshop materials concerning the topic of: conducting and implementing manifestation determinations. The corrective action is due September 30, 2008. SE 52 Appropriate certifications/ licenses or other credentials – related service providers (to be reviewed only with respect to providers of interpreting services) Yes Documentation Review and Staff Interviews SLACS does not employ a provider of interpreting services at this time. If needed, the charter school would subcontract for this related service. Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 6 of 12 Special Education Criteria Monitored because of Issues Identified during the CPR Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number and Topic Method(s) of Verification Basis of Determination that Criterion was Implemented Yes Student Records, Documentation and Staff Interviews SLACS properly selects assessments. SLACS uses available staff and contracted resources to provide assessments in the native language of the student, when needed. SE 2 Required and optional assessments Yes Student Records and Staff Interviews Student records indicate that all the required assessments have been administered including the educational status assessments. SE 9 Timelines for determination of eligibility Yes Student Records and Staff Interviews SLACS has instituted a database tracking system that monitors timelines, completion of initial, and re-evaluation activities. The charter school is meeting the mandated timeline requirements. SE 18A IEP development and content Yes Student Records and Staff Interviews IEPs are developed at the Team meeting, all elements of the IEP are addressed, and the IEP is SE 1 Assessments appropriately selected and interpreted Criterion Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 7 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented not changed at a higher administrative level. Yes Student Records and Staff Interviews Yes Documentation Review and Staff Interviews SE 21 School day and school year requirements SE 22 IEP implementation and availability The review of student records and staff interviews indicated that each special education child is considered for extended year programming by the IEP Team. School counseling is provided through the school and documented in the service delivery grids of student IEPs, when the IEP Team recommends such services. The school has procedures to notify parents in writing, if there is a delay in the provision of services. Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 8 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic SE 24 Notice to parents Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Yes Record Review and Documentation Review SLACS provides written notification to parent(s) when seeking consent to evaluate, making an eligibility determination, and determining placement. Criterion Partially Implemented or Not Implemented Documentation and Staff Interviews SE 32 Parent Advisory Council (PAC) SE 34 Continuum of alternative services and placements Yes Please refer to SE 22. SE 35 Assistive technology Yes Student Records and Documentation Review Yes Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting SLACS will be electing PAC officers in the Fall of 2008; however, the charter school has not established by-laws for the operation of its PAC. The charter school will submit the PAC bylaws to the Department by September 30, 2008. Please refer to SE 22. Assistive technology needs are routinely considered as part of the IEP development process. Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 9 of 12 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 36 IEP implementation, accountability and financial responsibility Yes Student Records and Staff Interviews SLACS implements the IEP immediately upon the consent of the parent(s). All services are provided as indicated on the IEP ‘Service Delivery Grid”. SE 49 Related services Yes Student Records and Staff Interviews Assessments are not conducted during service delivery times. Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Please refer to SE 22 for further information. SE 54 Professional development Yes Documentation Review and Staff Interviews The charter school’s documentation and staff interviews indicated recent training on addressing the diverse learning needs of students whose primary language is not English. SE 55 Special education facilities and Yes Staff Interviews and Building Tour The onsite team did not find any religious icons present in classrooms. Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 10 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Special education facilities are equal to the standards provided to regular education. classrooms Criteria from Other Regulated Programs Monitored During this Mid-cycle Review Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective ELE 11 Equal Access to Academic Programs and Services Yes Documentation and Staff Interviews Consistent with the data reported to the Department in 2007-2008, Smith Leadership Academy Charter School (SLACS) currently does not have limited English proficient (LEP) students. SLACS does have Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 11 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance procedures to identify LEP students. SLACS has hired an English Language Education coordinator. Presently, SLACS has in place the ability to translate into the primary language notices, announcements, and newsletters. SLACS can provide ESL instruction, if such services become necessary. Smith Leadership Academy Charter School Coordinated Program Review Mid-cycle Report July 14, 2008 Page 12 of 12 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements