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 March 23, 2005 Peter Dewar, Superintendent South Middlesex Regional Vocational Technical School District 750 Winter Street Framingham, MA 01702 Re: Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action Plan Verification and Special Education Mid-cycle Review Dear Superintendent Dewar: 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 July 23, 2002. We are pleased to indicate that the Department of Education has found your district's approved Corrective Action Plan to be substantially implemented and effective in remedying previously identified noncompliance issues in the areas of Special Education and Civil Rights. The findings of the Department are included in the attached Follow-up Monitoring Report. You and your entire staff are to be congratulated for your efforts in implementing all necessary improvements. 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. 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 April 6, 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 me at 781-338-3722. Sincerely, Susan D. Nichols, 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 Robert Leonard, Special Education Director Encl.: Follow-up Monitoring Report 2 MASSACHUSETTS DEPARTMENT OF EDUCATION COORDINATED PROGRAM REVIEW South Middlesex Regional Vocational Technical School District ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION Onsite Visit Conducted on February 14 – 16, 2005 Date of this Report March 23, 2005 Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) Special Education Requirements SE 3 Special requirements for 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 Documentation Student The district implements all of the requirements in the determination of a specific 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) determination of specific learning disabilities 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 Records learning disability. Staff Interviews 2 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 6 Determination of transition services (Emphasis on practices in determining needed transition planning and services and consideration of courses of study related to needed transition) SE 13 Progress Reports 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 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 progress reports do not consistently include progress information that is related to goals, objectives and Submit to the Department of Education by, June 17, 2005, progress reports from 2 students per grade level. Documentation Student Records Staff Interviews partial Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Student Records Staff Interviews The district implements all of the transition services. The district determines the need for transition planning and services at appropriate junctures and considers the courses of study related to needed transitions. The records indicate that the progress reports are sent to parents as often as parents are informed of progress of nondisabled students and include information on the extent to 3 partial 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 which such progress is sufficient to enable the student to achieve the goals by the end of the year. 4 benchmarks. 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) SE 18A IEP development and content Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Documentation Staff Interviews Documents Student Records Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Staff Interviews SE 18B Determination of placement; immediate provision of Comments Regarding Corrective Action Plan Implementation Documentation Student Records The district conducts outreach within the school and throughout the community. The IEP Teams, upon determining that the student is eligible for special education, use evaluation data to develop the IEP that contains all required elements. The IEP generally includes specifically designed instruction to meet the individual needs of students and related services. The district ensures that each IEP Team has at least one person with authority to commit the resources of the district. The IEP Team determines the appropriate placement to deliver the services on IEPs. Placement selected by the Team is the least 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) 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 IEP to parent Staff Interviews restrictive environment consistent with the needs of the student. In general, the IEP is provided to the parent immediately following its development and within 45 working days after a parent’s written consent to evaluations. 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) SE 20 Least restrictive program selected Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Student Records IEP Teams select the least restrictive environment for students. Staff Interviews SE 22 IEP implementation and availability (Emphasis on provision of IEP services without delay; provision of the IEP at the beginning of the school year; and, alternative methods of service delivery where there is a lack of space and/or Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Student Records Staff Interviews The district has an IEP in effect for eligible students at the beginning of each school year and begins IEP services without delay once an IEP has been accepted by the student’s parent 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 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 (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 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 Records Staff Interviews The district makes attempts to ensure parental participation in IEP Team meetings and parental attendance is high Student Records Parents are provided with copies of the IEP immediately following the Team meeting. Student The district assures that 9 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) 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 Records communication with parents is in English and the primary language of the home. 10 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 32 Parent advisory council for special education SE 50 Responsibilities of the School Principal and Administrator of Special Education SE 54 Professional Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Student Records Documentation Staff Interviews 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 district does not have a current and updated District Curriculum Accommodation Plan (DCAP) Submit to the Department of Education, by June 17, 2005 a current and updated DCAP, or multi-year Strategic Plan. Staff Interviews partial Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation The district has a Parent Advisory Council (PAC), including PAC by-laws and officers. The district submitted PAC meeting agendas, and information on training sessions and guest speakers. The PAC actively advises the district on matters pertaining to special education program planning. The district ensures that all Administrators fulfill the responsibilities set forth in state and federal law and regulations. The District promotes instructional practices responsive to the needs of students and ensures that adequate instructional support is available for students and teachers. The district offers a significant 11 partial Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) development regarding special education SE 56 Special education programs and services are evaluated 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 Staff Interviews partial Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Staff Interviews amount of outside professional development opportunities to staff, in addition to providing training within the district. The district submitted an evaluation of the provision of special education at the high school, from an outside consultant. A listing was included of how each of the 10 recommendations could be addressed. The same consultant reviewed the academic support and tutorial programs as well, with 8 recommendations. No specific follow-up was noted for these items. Other Requirements 12 partial Submit a detailed report of changes made and scheduled to be made as a result of the evaluations, by June 17, 2005 Also submit a three-year plan for addressing and/or implementing each recommendation and for follow-up evaluations of programs, services and administration. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) SE 2 Required and optional assessments SE 9 Eligibility determination Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Student records Staff interviews SE 43 Behavioral Interventions Student records Documentation Staff Interviews Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Staff interviews SE 34 Continuum of alternative services and placement Comments Regarding Corrective Action Plan Implementation Documentation Student records The district conducts required assessments and optional assessments, as recommended, for students referred for special education evaluations, and uses appropriately credentialed and trained specialists. The district generally conducts evaluations and provides the IEP to the parents within regulated timeframes. The district offers a continuum of services and placements to meet the needs of students in special education. The district has conducted Functional Behavioral Assessments and developed 13 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 Behavioral Intervention Plans for students whose behavior impedes learning. 14 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 46 Procedures for suspensions of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district SE 47 Procedural 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 Discipline procedures appear to address students with IEP’s but it is not clear that other disabled students (on 504 Plans) also have these protections. Modify the student handbook to include all students with a disability. Documentation Documentation The district procedures for suspension of students with special needs provides required due process, review and protections for eligible students. The school district submitted 15 Submit a copy of the modified procedures, by June 17, 2005. Criterion Number and Topic (Refer to full text of requirements in 2004-2005 Special Education Information Package) requirements applied to students not yet determined to be eligible 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 documentation that indicates the district understands the procedural requirements under this criterion. 16 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 57 Special Education child count MOA 2 Program modifications and support for limitedEnglishProficient students MOA 10A Handbooks and code of conduct 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 Documentation The district maintains appropriate procedures to ensure that an accurate child count is provided to the Department of Education. The district submitted information that describes how it makes necessary program modifications to effectively serve limited English proficient students. The district submitted a Spanish translation of the entire student handbook and discipline procedures translated into Portuguese. MOA 12A 17 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) Annual and continuous notification concerning nondiscrimination and coordinators MOA 17A Use of physical restraint on any student enrolled in a publiclyfunded education program MOA 18A School district employment practices Implementation Status of Requirements or Corrective Action Plan Determined to be Substantially Implemented Method(s) of Verification Comments Regarding Corrective Action Plan Implementation Documentation Documentation Staff Interviews 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 Training and/or a review of restraint policies and procedures are not routinely conducted within 30 days of the start of the school year and whenever new staff are hired. Submit an assurance that training will be provided within mandated timelines, by June 17, 2005. Staff Interviews Corrective Action Plan Determined to be Not Fully Implemented or Additional Issues Identified Documentation Staff Interviews The district submitted documentation that indicates there is annual and continuous notification concerning nondiscrimination and identification of coordinators. The district has provided training and written information on the requirements of physical restraints. The district has provided restraint training to a group of staff. The school district submitted information regarding its nondiscriminatory recruitment and hiring activities. 18 19