The 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 August 13, 2013 Eric Heiser, Charter School Leader Sturgis Charter Public School 427 Main Street Hyannis, MA 02601 Re: Mid-cycle Report Dear Mr. Heiser: Enclosed is the Department of Elementary and Secondary Education’s Mid-cycle Report based on the onsite visit conducted in your district in May 2013. 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: staff interviews, review of student records, examination of documentation, and/or classroom observation. 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 August 26, 2013. 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 Deborah Conover at 781-338-3736. Sincerely, Deborah Conover, 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 Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services Ray Sessler, Charter School Board of Trustees President Susan LaCombe & Patricia Marcel, Local Program Review Coordinators Encs: Mid-cycle Report Mid-cycle Progress Report Form 1 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Sturgis Charter Public School Date of the Mid-cycle Review Onsite: May 29, 2013 Date of this Report: August 13, 2013 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 Document Review Interviews Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation One year prior to the student reaching age 18, the charter school informs the student and parent/guardian of the rights that will transfer from the parent/guardian to the student upon the student’s 18th birthday. The notification provided to both the student and parent/guardian states that all rights accorded to parents under special education law will transfer to the 18 year old Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 1 of 9 (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. When the student reaches 18 years of age, the charter school obtains consent from the student to continue his or her special education program. SE 8 IEP Team composition and attendance Student Records Interviews All required Team members are present at IEP Team meetings. Members of the Team attend Team meetings unless: The charter school and parent agree, in writing, that the attendance of the Team member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed; or The charter school and parent agree, in writing, to excuse a required Team member’s participation and the excused member provides written input into the development of the IEP to the parent and IEP Team prior to the meeting. Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 2 of 9 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews SE 18A IEP Development and content Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation IEP Teams consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing when a student is identified with a disability that affects social skills development, when the disability makes the student vulnerable to bullying, harassment, or teasing, and when the student is identified with a disability on the autism spectrum. IEPs include goals, objectives, and services related to areas of need identified in the Present Levels of Educational Performance B: Other Educational Needs (PLEP B) section. Age-specific considerations are also consistently completed. Service delivery grids specify the amount of time for the provision of services and no longer indicate “check-in as needed.” Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 3 of 9 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Records Interviews SE 25 Parental consent Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The charter school obtains written parental consent prior to conducting an initial evaluation or reevaluation. The charter school consistently conducts the assessments consented-to by parents and no longer conducts assessments for which no consent was received. When a parent revokes consent, in writing, to special education services, the charter school provides written notice to the parent of the charter school’s proposal to discontinue services based on the revocation of consent, as well as information on how the parent can obtain a copy of his/her right to procedural safeguards. The charter school provides notice within a reasonable time before it intends to discontinue services. Charter school staff were aware that they may not use mediation or request a due process hearing to obtain agreement or a ruling for continuation of services. Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 4 of 9 (b) Progress Report Due Date(s) and Required Elements Criterion SE 51 Appropriate special education teacher licensure (Commonwealth Charter Schools only) Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Document Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Special education teachers are appropriately licensed or are supervised by a qualified special educator; the special education coordinator holds a valid license in special education and provides direct supervision to staff. Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 5 of 9 (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 5 Participation in general State and districtwide assessment programs SE 13 Progress reports and content Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Student Records All students at the charter school, regardless of disability, participate in state mandated testing. IEP Teams clearly define how students will participate in MCAS testing or whether the option of an alternate assessment is determined necessary. Student Records If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Progress reports are provided to parents quarterly, which is as often as parents are informed of the progress of nondisabled students. Progress reports consistently include Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 6 of 9 (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 (b) Progress Report Due Date(s) and Required Elements written information on the student’s progress towards the annual goals in the IEP. SE 14 Review and revision of IEPs SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Student Records PI Student Records Interviews IEP goals are individualized and updated annually. The information included in the narrative description of the Notice of Proposed School District Action (N1) does not meet all of the federal content requirements, as not all questions on page 2 of the N1 form are consistently addressed. Specifically, the notice does not always indicate the evaluation procedure, test, record or report used in the IEP Team's determination, any rejected options that were considered, and the next steps that are Provide training to special education Team chairpersons responsible for completing the N1 form on responding to all questions on page 2 of the form. Develop an internal oversight and tracking system for ensuring that N1 forms consistently include responses to all questions on page 2 of the form. The tracking system should include supervisory oversight prior to sending the N1 form to the parent and periodic reviews to ensure compliance. Develop a report of the results of an internal review of student records in which an N1 form was written, since implementation of all of the corrective actions, for evidence of compliance with responding to all of the questions on page 2 of the form. Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 7 of 9 Submit the training information, including the agenda and sign-in sheet, by September 30, 2013. Submit a description of the internal oversight and tracking system with periodic reviews, along with the name and role of the designated person, by September 30, 2013. 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 recommended. *Please note when conducting internal monitoring, the charter school must maintain the following documentation and make it available to the Department upon request: a) List of student names and grade levels for the records reviewed; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). SE 47 Procedural Document Review The charter school has developed appropriate Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 8 of 9 (b) Progress Report Due Date(s) and Required Elements Submit a report of the results of an internal review of records and include the following: Number of records reviewed; Number of records in compliance; For any records not in compliance, determine the root cause; and Specific corrective actions taken by the charter school to remedy any noncompliance. Submit the report by December 20, 2013. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation requirements applied to students not yet determined to be eligible for special education SE 56 Special education programs and services are evaluated Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation discipline procedures that are included in the student handbook and provided to staff that address the procedural requirements applied to students not yet determined to be eligible for special education. Document Review The charter school regularly evaluates its special education programs and services. Sturgis Charter Public School Coordinated Program Review Mid-cycle Report August 13, 2013 Page 9 of 9 (b) Progress Report Due Date(s) and Required Elements MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW Charter School: Sturgis Charter Public School 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