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 June 2, 2008 Richard W. Medeiros, Superintendent Somerset Public Schools 580 Whetstone Hill Road Somerset, MA 02726 Re: Mid-cycle Report Dear Superintendent Medeiros: 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 August 15, 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. While the Department of Elementary and Secondary Education found your district to have resolved certain noncompliance issues, others were partially corrected or not addressed at all, or the Department’s onsite team identified new issues of noncompliance, including but not limited to noncompliance with special education criteria added or substantially changed in response to IDEA 2004. Where the district has failed to implement its Coordinated Program Review Corrective Action Plan, the Department views these findings to be serious. 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 without delay. (In the case of new findings of noncompliance, this corrective action must be corrected 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 progress reporting. Please provide the Department with your written assurance that all of the Department's requirements for corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to me by June 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 781-338-3739. 1 Sincerely, John Coleman Swanson, 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 Ann Correira, School Committee Chairperson Susan Doe, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Somerset Public Schools Date of Coordinated Program Review (CPR) Final Report: August 15, 2005 Date Coordinated Program Review Corrective Action Approved or Ordered: March 1, 2006 Dates of Corrective Action Plan Progress Reports: June 30, 2006, January 11, 2008 Dates of this Mid-cycle Review Onsite Visit: March 18, 2008, March 20, 2008 and March 26, 2008 Date of this Report: June 2, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle 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 SE 3 Special requirements for determination of specific learning disability Documentation Review, Student Record Review, and Staff Interviews 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 Documentation, student records, and staff interviews indicate that the district’s IEP Teams utilize the specific learning disability forms that are completed and signed by the IEP Team members. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 1 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 SE 6 Determination of transition services Documentation Review, Student Record Review, and Staff Interviews SE 7 Transfer of parental rights at age of majority and student participation and consent at the age of Documentation Review, Student Record Review, and Staff Interviews 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 Documentation, student records, and staff interviews indicate that the district’s IEP Teams are: (1) completing the new transition forms, (2) consistently invite the students to participate in the IEP Team meetings to discuss transition when the students reach the age of 15, and (3) consistently invite outside agencies to participate in IEP Team meetings to discuss services when the students graduate or age-out of the special education program. Documentation, student records, and staff interviews indicate that the district has developed an Age of Majority notice form that is distributed to students on their 17th birthday. The Age of Majority notice form explains the variety of options that a student may Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 2 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 majority 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 select upon reaching the age of majority. Additionally, the district has developed a form that monuments the students’ decision-making selection upon reaching the age of majority. SE 8 IEP Team composition and attendance Documentation Review, Student Record Review, and Staff Interviews SE 9 Timeline for Determination of Eligibility Documentation Review, Student Record Review, and Staff Interviews Documentation, student records, and staff interviews indicate that the district’s IEP Teams are composed of all the requisite Team members that are mandated to be present at Team meetings. There is evidence of a high degree of parent attendance at the IEP Team meetings. The district also utilizes an IEP Team member excusal form when appropriate. Documentation, student records, and staff interviews indicate that the district consistently meets the 45-day timeline for the determination of eligibility. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 3 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 SE 13 Progress Reports and content Documentation Review, Student Record Review, and Staff Interviews SE 14 Review and revision of IEPs Documentation Review, Student Record Review, and Staff Interviews SE 18A IEP development and content Documentation Review, Student Record Review, and Staff Interviews 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 Documentation, student records, and staff interviews indicate that the district’s progress reports contained all the required elements and were given out to students with the same frequency as regular education students. Documentation, student records, and staff interviews indicate that the district’s IEP Teams consistently conduct the annual reviews within the specified one-year timeline. Documentation, student records, and staff interviews indicate that the district’s IEP Teams are consistently and appropriately completing the Present Level of Education Performance (“PLEP”) A and B pages of the students’ IEPs. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 4 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 SE 20 Least restrictive program selected Documentation Review, Student Record Review, and Staff Interviews SE 21 School day and school year requirements Documentation Review, Student Record Review, and Staff Interviews 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 Documentation, student records, and staff interviews indicate that the district’s IEP Teams are consistently documenting why removing a student from the general education classroom is necessary in the nonparticipation justification statement section of the student’s IEP. Documentation, student records, and staff interviews indicate that the district’s IEP Teams routinely consider the need for extended school year services for every student. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 5 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 SE 24 Notice to parent Documentation Review, Student Record Review, and Staff Interviews SE 26 Parent participation in meetings Student Record Review and Staff Interviews SE 34 Continuum of alternative services and Documentation Review, Student Record Review, and Staff Interviews 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 Documentation, student records, and staff interviews indicate that the district’s notice forms that accompany the proposed IEPs for students consistently address all of the guiding questions listed on the N1 forms. Student records and staff interviews indicate that the district’s IEP Teams are consistently documenting their attempts to contact parents if the parents are unable to attend the IEP Team meetings. The district’s IEP Teams also have developed alternative methods for parent participation (e.g., teleconferences or parent input sheets). Documentation, student records, and staff interviews indicate that the district has developed a continuum of services that Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 6 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 placements 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 are available to meet the needs of all students with disabilities at all three education levels. SE 45 Procedures for suspension up to 10days and after 10 days Documentation Review and Staff Interviews SE 47 Procedural requirements applied to students not yet determined to be eligible for special education Documentation Review and Staff Interviews SE 49 Related services Documentation Review, Student Record Review, Documentation and staff interviews indicate that the district has updated the student Codes of Conduct and includes the required procedural safeguards. Documentation and staff interviews indicate that the district has updated the student Codes of Conduct and includes procedures that are consistent with the federal requirements of 20 U.S.C. c. 33 s. 1415(k)(8), namely (k)(8)(B)(ii) on knowledge and (C)(ii) on a student’s placement pending an evaluation. Documentation, student records, and staff interviews indicate that the district does consistently offer counseling Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 7 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 and Staff Interviews SE 55 Special education facilities and classrooms SE 56 Special education programs and services are evaluated Partial Documentation Review, Staff Interviews, and Facilities Review Documentation Review and Staff Interviews 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 Required Corrective Action, Timelines for Implementation, and Progress Reporting The district’s selfevaluation is not a formal evaluation where the results and recommendations for change are documented. By September 30, 2008, please provide a plan for the district’s formal evaluation of the special education program(s) and services. services to students who need them. Documentation, staff interviews, and facilities review indicate that the district rectified the issues cited in the Coordinated Program Review at the Chace Street Elementary School, Wilbur Elementary School, and at the Somerset Middle School. Documentation and staff interviews indicate that the district does conduct an informal review of its special education programs through monthly administrative counsel meetings. Partial Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 8 of 18 By March 30, 2009, please provide the results of any program evaluation conducted by the district, including recommendations for change. 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 Criterion Implemented Method(s) of Verification SE 3 Special requirements for determination of specific learning disability Documentation Review, Student Record Review, and Staff Interviews SE 6 ##1 - 3 Determination of Transition Services Documentation Review, Student Record Review, and Staff Interviews SE 8 IEP Team composition and attendance Documentation Review, Student Record Review, and Staff Interviews SE 12 Documentation Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented See comments to SE 3 in the previous section. See comments to SE 6 in the previous section. See comments to SE 8 in the previous section. Documentation, student records, and staff interviews Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 9 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Frequency of re-evaluation Method(s) of Verification Basis of Determination that Criterion was Implemented Review, Student Record Review, and Staff Interviews indicate that the district’s IEP Teams consistently develop re-evaluations within the specified threeyear timeline. SE 13 Progress Reports and content Documentation Review, Student Record Review, and Staff Interviews SE 14 Review and revision of IEPs Documentation Review, Student Record Review, and Staff Interviews SE 25B Resolution of disputes Documentation Review, Student Record Review, and Staff Interviews SE 33 Documentation Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented See comments to SE 13 in the previous section. See comments to SE 14 in the previous section. Documentation, student records, and staff interviews indicate that the district consistently utilizes the dispute resolution procedures and that administrative staff members are aware of these regulations. Documentation, student records, and staff interviews Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 10 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Involvement in the General Curriculum SE 39A Procedures for services to eligible private school students whose parents reside in the district (SE 39A does not apply to charter schools or vocational schools) Method(s) of Verification Basis of Determination that Criterion was Implemented Review, Student Record Review, and Staff Interviews indicate that the district’s IEP Teams consistently discuss the students’ involvement and progress in the general curriculum and it is noted on each IEP. Documentation Review, Student Record Review, and Staff Interviews Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Documentation, student records, and staff interviews indicate that students in private schools whose parents reside indistrict are given evaluations and, if found eligible, they may access a full range of special education and related services. The district has documented the proportionate share on the Department’s mandated form. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 11 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state Documentation Review, Student Record Review, and Staff Interviews SE 46 Procedures for suspension of students with disabilities more than 10 days Documentation Review, Student Record Review, and Staff Interviews SE 52 Appropriate certifications/ licenses or other credentials – related service Documentation Review and Staff Interviews Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Documentation, student records, and staff interviews indicate that students in private schools whose parents reside out of state have the opportunity to access special education services. (SE 39B does not apply to charter schools or vocational schools) Documentation, student records, and staff interviews indicate that the district’s Codes of Conduct contain all the required elements for the discipline of special education students. Documentation and staff interviews indicate the district has the appropriate certification/licenses for all of the related service providers. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 12 of 18 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 providers (to be reviewed only with respect to providers of interpreting services) 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 CR 6 Availability of in-school programs for pregnant students Documentation Review and Staff Interviews CR 7 Information to be translated Documentation Review and Staff Interviews 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 Documentation and staff interviews indicate that the district has a pregnancy policy for students that is consistent with state and federal regulations. Documentation and staff interviews indicate that the district has developed a system for translating Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 13 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification into languages other than English 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 documents into languages other than English. For example, the district has the capacity to translate documents in Portuguese, Spanish, and French. Should there be a need to translate a document into a lowincidence language, the district utilizes the translation services of Rapport International and Catholic Charities. CR 10A Student handbooks and codes of conduct Documentation Review and Staff Interviews CR 11A Designation of coordinator(s); Documentation Review and Staff Interviews Documentation and staff interviews indicate that the district’s handbooks and codes of conduct now contain all information regarding discipline procedures for students in special education and on 504 plans. Documentation and staff interviews indicate that the district distributed the Statement of Civil Rights Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 14 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification grievance procedures 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 Policy and Grievance Procedures to parents and students at the beginning of the 2007/2008 school year. CR 12A Annual and continuous notification concerning nondiscriminati on and coordinators Documentation Review and Staff Interviews CR 14 Counseling and counseling materials free from bias and stereotypes Documentation Review and Staff Interviews Documentation and staff interviews indicate that the district distributed the NonDiscrimination Statement and Notification of the 504 and Title IX Compliance Officers (along with their contact information) to parents and students at the beginning of the 2007/2008 school year. Documentation and staff interviews indicate that the district developed an instrument to evaluate counseling materials to check for bias and stereotypes. To communicate effectively with limited English Proficient parents and students, the district utilizes school staff as interpreters and translators in the languages of Portuguese and Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 15 of 18 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 Spanish. The district will utilize the Rapport International and Catholic Charities should the need arise to translate documents into low-incidence languages. CR 15 Nondiscriminatory administration of scholarships, prizes and awards Documentation Review and Staff Interviews CR 18A School district employment practices Documentation Review and Staff Interviews CR 21 Staff training regarding civil Documentation Review and Staff Interviews Documentation and staff interviews indicate that the district’s scholarships, prizes and awards sponsored or administered by the district are free of restrictions based upon race, color, sex, religion, national origin, sexual orientation, or disability. Documentation and staff interviews indicate that the district’s Equal Employment statements in its personnel policies contain all the protected classes of people. Documentation and staff interviews indicate that the district conducts staff training regarding civil rights Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 16 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification rights responsibilities 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 responsibilities on an annual basis. Specifically, the district distributes civil rights documents and policies to the staff members and the principals review the materials with the staff at the building-level. CR 22 Accessibility of district programs and services for students with disabilities Documentation Review and Staff Interviews CR 23 Comparability of facilities Documentation Review and Staff Interviews CR 25 Institutional self-evaluation Documentation Review and Staff Interviews Documentation, staff interviews, and facilities review indicate that the district rectified the issues cited in the Coordinated Program Review at the Chace Street Elementary School, Wilbur Elementary School, and at the Somerset Middle School. See comments to SE 55. Documentation and staff interviews indicate that the district annually evaluates all aspects of its K-12 program Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 17 of 18 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 to ensure that all students have equal access to all programs, including athletics and other extracurricular activities. Somerset Public Schools Coordinated Program Review Mid-cycle Report June 2, 2008 Page 18 of 18 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements