Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, Massachusetts 02148-4096 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 January 26, 2012 Anthony Pierantozzi, Superintendent Somerville Public Schools 42 Cross Street Somerville, MA 02145 Re: Mid-cycle Report Dear Superintendent Pierantozzi: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in December 2011. During the Mid-Cycle Review the Department monitored selected special education criteria to determine your district’s compliance with special education laws and regulations. The review consisted of information gathered from one or more of the following activities: interviews, review of student records, examination of documentation, and classroom observation(s). The Department determined that one or more of the criteria monitored in your district was “Partially Implemented” or “Not Implemented.” In all instances where noncompliance was found, the Department has prescribed corrective action for the district. This corrective action must be implemented as soon as possible, but in no case later than a year from the date of this report. You will find these requirements for corrective action included in the enclosed report, along with requirements for submitting progress reports using the enclosed form. Please provide the Department with your written assurance that all of the required corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to Darlene Lynch, Director, Program Quality Assurance Services, by February 13, 2012. 1 Your staff's cooperation throughout this Mid-cycle Review is appreciated. If you have questions about this letter or the enclosed report, please do not hesitate to contact Nicole Edgett at 781338-3723. Sincerely, Nicole Edgett, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services cc: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Dean Paolillo, Supervisor, Program Quality Assurance Services Paul Bockelman, School Committee Chairperson Deborah Connell, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Somerville Public Schools Dates of the Mid-cycle Review Onsite: December 22, 2012 Date of this Report: January 26, 2012 PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS. Required Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation A review of student records verified that one year prior to a student’s 18th birthday, the district informs both the student and the parents of the rights that will transfer upon the students 18th birthday. Additionally, records verified that the district has procedures in place to document consent obtained from the student to continue the Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 1 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation student’s special education program. Student Records SE 8 IEP Team composition and attendance Documentation Student Records SE 18A IEP development and content Documentation A review of documentation and student records indicated the required members of the IEP Team attend unless the parent and the district agree in writing to excuse that member. As a result, the excused required IEP Team member provides written input prior to the IEP Team meeting. A review of documentation and student records verified that the district has implemented training and developed procedures regarding the IEP Team’s obligation to document when the student’s disability affects social skills development or makes the student susceptible to bullying, harassment, or teasing. Additionally, student records Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 2 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation verified that for students on the autism spectrum, the district has developed consistent procedures to document the IEP Team’s consideration of the specific skills and proficiencies needed to avoid and respond to bullying, harassment or teasing. Documentation Interviews SE 25 Parental consent A review of documentation verified that when a parent revokes consent for special education, the district provides the parent notification that all special education services will be discontinued. Additionally, 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. Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 3 of 12 (b) Progress Report Due Date(s) and Required Elements Additional Special Education Criteria Monitored in this Mid-cycle Review Current special education criteria available by scrolling down to the special education instrument at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion SE 2 Required and Optional Assessments Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Partially Implemented Student Records A review of student records at the high school and middle school level indicated that the district does not always complete all the required and optional assessments consented to by the parent. In some instances, the district did not gather assessment data from teachers with current knowledge regarding the student's specific abilities in relation to the learning standards of the Massachusetts Curriculum Frameworks and the district curriculum. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Please complete the missing assessments for individual students identified by the Department in the Student Record Issues Worksheet. Please review the current internal tracking system at the middle and high school levels to ensure that all of the assessments consented to by the parent are completed. The tracking system should include supervisory oversight and periodic reviews to ensure compliance. Please ensure that the middle and high school level general education, and where appropriate special education teachers, are trained on the completion of the components of the Educational Assessment. Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 4 of 12 (b) Progress Report Due Date(s) and Required Elements Provide copies of the Notice of the School District Proposal to Act, and a Meeting Invitation for each individual student as evidence that IEP Teams reconvened to consider the missing evaluation elements and whether a new or amended IEP was necessary. This progress report is due by April 20, 2012. Provide a description of the internal tracking Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Additionally, the district does not always conduct an assessment of the student's attention skills, participation, behaviors, communication skills, memory, and social relations with groups, peers, and adults. In other instances, the district did not always include a historical account of the student’s progress in the general education curriculum. Finally, the district did not always complete the observation of the student in the classroom or the student’s natural environment when a parent consents to an observation as part of the student’s evaluation. If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district is advised to use the Department’s recommended Educational Assessment forms which can be found at www.doe.mass.edu/sped/28mr/ and contains all required elements. In addition to the Educational Assessment training, please conduct training for middle and high school special education staff to ensure that when the district proposes an observation as part of the evaluation, the results of that observation must be documented and included as part of the evaluation information for consideration by the IEP Team. Subsequent to the completion of all corrective actions, conduct an internal review of student records at the high school and middle school level comprised of initial and reevaluations to ensure that all assessments proposed as part of the district’s evaluation are completed. Please ensure that the sample of selected records examine activities that occurred after the district completed its corrective action activities. Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 5 of 12 (b) Progress Report Due Date(s) and Required Elements system and indicate the person(s) responsible for it by April 20, 2012. Provide the training agenda, signed attendance sheets indicating the title/role of the staff attending as well as the name and title of the presenter by April 20, 2012. Please submit the report of the results of the internal review of records. Please include the number of records reviewed and the number of student records in compliance. For all records not in compliance, please determine the root causes(s) of the noncompliance and submit the district’s Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation *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) This applies to all criteria requiring internal monitoring as part of the corrective action(s). (b) Progress Report Due Date(s) and Required Elements plan to remedy the noncompliance. This progress report is due October 5, 2012. SE 14 Annual Reviews Partially Implemented Student Records A review of student records at the high school level indicated that the district does not always convene an IEP Team meeting on or before the anniversary date of the IEP to review, revise or develop a new IEP or refer the student for a reevaluation as appropriate. Please conduct an analysis of the internal tracking system in place at the high school level to ensure that the IEP Team convenes on or before the anniversary date of the IEP. In doing so, please identify the root cause of the noncompliance identified in the student records and identify to the Department the adjustments to the internal tracking system or district procedures. Please conduct training for IEP Team chairperson on any adjustments or revisions made to the internal tracking system or procedures to ensure timely annual reviews. Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 6 of 12 Please provide a description of the analysis conducted of the internal tracking system, include the results of the district’s analysis and the adjustments and/or revisions made to the system or procedures. Please identify any person(s) responsible for the oversight to ensure Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Subsequent to the completion of all corrective actions, please conduct an internal review of student records at the high school level to ensure that the IEP Team has convened on or before the annual anniversary date of the IEP to conduct the annual review. The student record sample should be drawn from those students who had annual reviews conducted after all corrective actions were implemented. (b) Progress Report Due Date(s) and Required Elements that the district convenes an IEP annual review meeting. Additionally, please submit evidence such as agendas and sign-in sheets from any staff training held regarding the changes to the procedures. This progress report is due April 20, 2012. Please submit the report of the results of the internal review of records. Please include the number of records reviewed and the number of student records in compliance. For all records not in compliance, please determine the root causes(s) of the noncompliance and Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 7 of 12 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements submit the district’s plan to remedy the noncompliance. This progress report is due October 5, 2012. SE 45 Procedures for Suspension Interviews Documentation At the time of the Department’s onsite visit, interviews of administrators indicated that there were no instances in which students exceeded 10 cumulative or consecutive days of suspension. Thus, there was not a sample of records to examine for students who exceeded 10 days of suspension. A review of documentation verified that the district does have procedures and has done training for building administrators on the need to provide sufficient services for a student to continue to receive a free Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 8 of 12 Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation and appropriate public education (FAPE) in the event that a student with a disability is suspended beyond 10 consecutive or cumulative days. SE 46 Procedures for Suspension exceeding ten days Documentation Interviews A review of documentation indicates that the district has provided training to staff regarding the obligations to ensure that students with disabilities who have been suspended for more than 10 consecutive or cumulative days receive appropriate services. Moreover, documentation verified that the district developed systemic procedures for tracking the number of suspensions students with disabilities receive throughout the district. At the time of the Department’s onsite visit, interviews of administrators indicated Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 9 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation that there were no instances in which students exceeded 10 cumulative or consecutive days of suspension and subsequently required services. Interviews verified that the district’s IEP Teams practice is to recommend a change in placement for students who are nonresponsive to behavioral interventions and would be subject to disciplinary action so that students are not subject to further removals from school. Additionally, documentation and staff interviews verified that the district’s current policy is to convene an IEP Team meeting to determine if the student’s disciplinary action(s) was caused by or had a direct and substantial relationship to their Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 10 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation disability upon the student’s eighth cumulative or consecutive day of suspension. Finally, interviews verified that the district takes a proactive approach to the development and maintenance of behavioral programs and interventions as part of a district wide effort to reduce the number of suspensions and keep students in school. SE 48 Documentation A review of documentation verified that the students enrolled in the high school level Life Skills program have access to and receive full credit for vocational programming. Observation The Department conducted an onsite visit to Healey, Winter Hill and Kennedy Elementary FAPE SE 55 Facilities Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 11 of 12 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Schools on December 9, 2010. The visits verified that all special education classrooms and related service provider spaces have had signs removed that could potentially stigmatize disabled students. Somerville Public Schools Coordinated Program Review Mid-cycle Report January 26, 2012 Page 12 of 12 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Somerville Public Schools M I D – CY C L E P R O G R E S S R E P O R T Date Prepared: ____________________________________ Prepared by: __________________________________________________________________ (name and title) Criterion: _______________________ Topic: ________________________________________________________________________ For each criterion for which you prepare a progress report, please make a copy of this cover page, fill in the information requested above, and attach a complete description of the corrective action taken and any accompanying documentation. (Description of corrective action for each criterion and any accompanying documentation should include all of the “Progress Report Required Elements” for that criterion in the Mid-cycle Report.) Send the whole set of completed progress reports to: Darlene Lynch, Director Program Quality Assurance Services Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906