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 July 10, 2012 Lynne Celli, Superintendent Swampscott Public Schools 207 Forest Avenue Swampscott, MA 01907-2293 Re: Mid-cycle Report Dear Superintendent Celli: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based on the onsite visit conducted in your district in April of 2012. 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 July 26, 2012. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 1 of 18 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 Randall Palmer at 781-338-3734. Sincerely, Randall Palmer, 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 Laurier Beaupre, School Committee Chair Chairperson Mona Blumstein, Local Program Review Coordinator Encs: Mid-cycle Report Mid-cycle Progress Report Form Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 2 of 18 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT Swampscott Public Schools Dates of the Mid-cycle Review Onsite: April 26 & 27, 2012 Date of this Report: July 10, 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 Criterion Implemented SE 7 Transfer of parental rights and student participation and consent at age of majority Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review Document Review Staff Interviews Basis of Determination about Criterion At the beginning of each school year, the district provides notification to all students turning 17 and their parents/guardians 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 the Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 1 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 parent/guardian state that all rights accorded to parents under special education law will transfer to the 18 year old. The school district implements procedures to obtain consent from the student to continue the student’s special education program upon the student reaching the age of majority. SE 8 IEP Team composition and attendance Staff Interviews SE 18A IEP development and content Student Record Review Student Record Review Document Review Staff Student records and interviews indicated that the district consistently has at least one regular education teacher present at IEP Team meetings. The student record review indicated that IEP Teams address the skills and proficiencies needed to avoid and respond to bullying, harassment and teasing when the student’s disability (including students on the autism spectrum) Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 2 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Interviews Student Record Review Staff Interviews SE 25 Parental consent Basis of Determination about Criterion makes the student vulnerable to bullying, harassment, and teasing. IEP Teams consistently document the student’s needs in the IEP. A review of student records indicated that the school district obtains written parental consent before conducting an initial evaluation and before making an initial placement of a student in a special education program. Written parental consent is obtained before conducting a reevaluation and before placing a student in a special education placement subsequent to the initial placement in special education. When the participation or consent of the parent is required and the parent fails or refuses to participate, the attempts to Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 3 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 secure the consent of the parent are implemented through multiple attempts using a variety of methods which are documented by the district. If a parent revokes his/her consent to the student’s special education services in writing, the district discontinues all special education services and does not use mediation or request a due process hearing to obtain an agreement or a ruling requiring the continuation of services, consistent with federal regulation. The district acts promptly to provide written notice to the parent/guardian of the district’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 district provides the notice a reasonable time in Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 4 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 advance before the district intends to discontinue services. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 5 of 18 If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation (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 Student Record Review The Department’s review of student records and staff interviews verified that the district completes all of the assessments consented to by parents. Document Review Staff Interviews SE 4 Reports of assessment results Student Record Review Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Staff members conducting assessments summarize in writing the procedures employed, the results, and the diagnostic impression, and define in detail and in educationally relevant and common terms, the Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 6 of 18 (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 needs, offering explicit means of meeting those needs. SE 6 Determination of transition services Student Record Review Staff Interviews The IEP Team discusses the student’s transition needs annually, beginning no later than when the student is 14 years old, and documents its discussion on the Transition Planning Form. The IEP Team reviews the Transition Planning Form annually and updates information on the form and the IEP, as appropriate. SE 13 Progress Reports and content Student Record Review A review of student records indicated that progress report information sent to parents includes written Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 7 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion SE 14 Review and revision of IEPs Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Staff Interviews information on the student’s progress toward the annual goals in the IEP. Student Record Review The student record review determined that at least annually, on or before the anniversary date of the IEP, the IEP Team meets to consider the student’s progress and to review, revise, or develop a new IEP or refer the student for a re-evaluation, as appropriate. Staff Interviews SE 15 Outreach by the School District Document Review Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district conducts outreach activities beyond the pre-school and kindergarten screenings to include nursery schools, pediatricians, private Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 8 of 18 (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, local newspaper notices, and emails to parents/agencies. SE 18B Determination of placement; provision of IEP to parent Student Record Review Staff Interviews At the IEP Team meeting, after the IEP has been fully developed, the IEP Team determines the appropriate placement to deliver the services on the student’s IEP. At the conclusion of IEP Team meetings, the district provides the parent with a meeting summary, including the major goals and services of the IEP. The district provides the parent two (2) copies of the proposed IEP, the proposed placement along with the required notice Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 9 of 18 (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 consistent with the regulatory timelines. SE 20 Least restrictive program selected Student Record Review Staff Interviews SE 24 Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of FAPE Student Record Review Staff Interviews The district provides specific and individualized nonparticipation justification statements when a student is removed from the general education classroom. The district consistently addresses all questions on the Notice of Proposed School District Action (N1) form sent with all proposed IEPs. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 10 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented SE 32 Parent advisory council for special education SE 37 Procedures for approved and unapproved out-of-district placement Criterion Partially Implemented (PI) or Not Implemented (NI) PI Method(s) of Investigation Document Review Staff Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district has an active Special Education Advisory Council (PAC) that meets on a regular basis. The district also commissioned (October 2011) an independent program evaluation of its special education programs and services. The district solicits parent feedback at the conclusion of each IEP Team meeting. However, the PAC has not participated in the planning, development, and evaluation of the school district’s special education programs. Please submit a plan that describes the steps the district will take to ensure the PAC is involved in the planning and evaluation of special education programming. The school district monitors the provision of services and the programs of individual Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 11 of 18 (b) Progress Report Due Date(s) and Required Elements Please provide supporting documentation that illustrates the PAC’s involvement in the planning and evaluation of SPED programming (such as agendas, meeting notes and the signed attendance with the name and role of staff). Please submit this progress report by December 15, 2012. Criterion Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Document Review students placed in public and private outof-district programs. Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Documentation of monitoring plans and monitoring activities conducted by the Director of Student Services, are placed in the files of every eligible student who has been placed out-ofdistrict. Site visits are documented and kept in the student records. The school district enters into written contracts with all public and private outof-district placements. The contracts meet the content requirements of state regulation. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 12 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion SE 39A Procedures used to provide services to eligible students enrolled in private schools at private expense whose parents reside in the district SE 42 Programs for young children three and four years of age Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review Document Review Staff Interviews Document Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation The district calculates the proportionate share of Federal Special Education Entitlement funds required to be spent on eligible private school students (including all eligible students attending private school in the district whether their parents reside in the district, in another Massachusetts district, or out of state) and documents the spending of at least this amount of federal entitlement funds on eligible private school students. The district has submitted waiver requests to the Department due to a Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 13 of 18 (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 Staff Interviews continuing high number of new enrollments If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Copies of the waiver requests were provided during the onsite review as documentation of the district’s actions. SE 43 Behavioral interventions Student Record Review Staff Interviews The student record review verified that for a student whose behavior impedes their learning or the learning of others, the IEP Team consider the student’s behavior including positive behavioral interventions and the possible need for a functional behavioral assessment. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 14 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion SE 46 Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive days of a pattern has developed for suspensions exceeding 10 cumulative days; responsibilitie s of team; responsibilitie s of the district SE 47 Procedural requirement applied to students not yet Criterion Implemented Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Student Record Review Document Review Staff Interviews Student Record Review Basis of Determination about Criterion If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation Staff interviews indicated that the district is convening Team meetings prior to student suspensions reaching 10 days, in order to make a “manifestation determination”. When appropriate, the IEP Team also conducts a functional behavior assessment and develops a behavior intervention plan and/or proposes service modifications. The district’s student handbook now contains a disciplinary procedure for students Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 15 of 18 (b) Progress Report Due Date(s) and Required Elements Criterion Criterion Implemented determined to be eligible for special education SE 51 Appropriate special education teacher certification/li censure SE 52 Appropriate certification/li censes or other credentialsrelated service providers Criterion Partially Implemented (PI) or Not Implemented (NI) Method(s) of Investigation Basis of Determination about Criterion Document Review who have not yet been determined eligible for special education services. Staff Interviews Document Review Staff Interviews Document Review Staff Interviews Document Review SE 54 Professional development Staff Interviews If Partially Implemented or Not Implemented: (a) Required Corrective Action and Timelines for Implementation All special education teachers that provide supervision to paraprofessionals are appropriately licensed. All the district’s related service providers have appropriate, current licensure. Training related to special education compliance and Individualized Education Plans is provided annually to all Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 16 of 18 (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 staff by the Director of Student Services. SE 55 Special education facilities and classrooms PI Observations Staff Interviews The physical therapy space in the Stanley School is located in a basement hallway. The location is dedicated to physical therapy services; large enough to accommodate the number of students serviced, and is in proximity of other classrooms. However, there is no ventilation, and while students are receiving PT services they are subject to audio/visual distractions and compromised privacy due to the transparent glass doors and walls. Identify an alternative physical therapy space at the Stanley School. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 17 of 18 Provide a description and a building map that shows where the location for providing physical therapy services has been moved at Stanley School, addressing the required corrective action, by September 28, 2012. The district will provide confirmation regarding a scheduled onsite visit by the DESE to review the physical therapy relocation at the Stanley School. Please provide this 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 to the Department on or before December 15, 2012. Swampscott Public Schools Mid-cycle Report July 10, 2012 Page 18 of 18 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REVIEW School District: Swampscott 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