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
February 22, 2005
Stephen Flanagan
Superintendent of Schools
Swansea Public Schools
1 Gardner’s Neck Road
Swansea, MA 02777
Re:
Onsite Follow-up Monitoring Report: Coordinated Program Review Corrective Action
Plan Verification and Special Education Mid-cycle Review
Dear Superintendent Flanagan:
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 September
26, 2002.
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. In areas where the
district has failed to implement fully its approved Corrective Action Plan, the Department views these findings to be
serious.
As the Department previously informed you, in cases where a district fails to fully and effectively implement a
Corrective Action Plan, which was proposed by your district and approved by the Department, the Department must
then prepare a Corrective Action Plan for the district, which must be implemented without further delay. 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 March 20, 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 the Onsite Team
Chairperson at 781-338-3752.
Sincerely,
Amber A. Zdunich, 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
Susan Cote, District Program Review Follow-up Coordinator
Encl.:
Follow-up Monitoring Report
MASSACHUSETTS DEPARTMENT OF EDUCATION
COORDINATED PROGRAM REVIEW
Swansea Public Schools
ONSITE VERIFICATION OF CORRECTIVE ACTION PLAN IMPLEMENTATION
AND/OR IDENTIFICATION OF ADDITIONAL FINDINGS REQUIRING CORRECTIVE ACTION
Action Plan Submitted on October 28, 2002
Progress Reports Submitted on January 9, 2004
Onsite Visit Conducted on January 13-14, 2005
Date of this Report January 26, 2005
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation


Special
Education
Requirements
SE 3
Special
requirements for
determination of
specific learning
disabilities

Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
or Additional
Issues
Identified
Documentation
Student Records
Interviews
The district submitted a written
policy and procedure for
determining specific learning
disabilities that includes use of an
SLD form and the required student
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
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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


observation. Record review and
interviews indicate the district is
using the form and the Team’s
decision is documented in the
student records.
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
Partial
Student Records
Interviews
Interviews indicate the Team
routinely discusses transition
during Team meetings.
Partial
Record review and
interviews indicate that
although the district
discusses transition during
Team meetings, it does not
always appear as part of the
student’s IEP on the Present
Levels of Educational
Performance B. Further,
record review indicates the
district does not always
identify the Age
Specification Criteria on IEP
3.
Please submit evidence of staff
training on documenting the
Team’s determination of transition
services on the IEP and Age
Specification Criteria.
Additionally, please submit three
samples of completed IEP 3 no
later than June 30, 2005.
Partial
Documentation
Record Review
Interviews
The district submitted a procedure
that ensures timely completion of
progress reports. Record review
and interviews indicate the district
Partial
Record review indicates that
not all progress reports
contain information relative
to IEP goals, benchmarks
Please submit evidence of staff
training on progress reports and
content requirements no later than
June 30, 2005.
3
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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


provides notice of progress to
parents of special education
students at least as often as parents
are informed of the progress of
non-disabled peers.
SE 15
Outreach by the
School District
(Child Find)
SE 17
Initiation of
services at age
three and Early
Intervention
transition
procedures
SE 18A
IEP development
and content

Documentation
Record Review
Interviews
The district conducts annual
outreach activities to residents,
local private schools, pediatricians,
area agencies and other members of
the community in an effort to
identify students who may need
special education services.

Documentation
Record Review
Interviews
The district meets monthly with an
interagency area Early Childhood
Transition Team to ensure effective
transition of young children.
Record review indicates students
have services in place by age three.
Partial
Documentation
Record Review
Interviews
The district submitted written
guidance that is provided to staff,
which assists them in participating
in Team meetings including
4
and objectives.
Partial
Record review indicates that
IEP goals are not always
measurable. At the
secondary level, IEP 2 and
Please provide evidence of
district-wide staff training on
writing measurable goals. Please
provide evidence of training at the
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
IEP 3 are not always
completed and do not always
indicate how the student’s
disability affects progress in
curriculum areas or other
areas of educational need.
secondary level on competing IEP
2 and IEP 3. Please submit three
samples of IEP goals no later than
June 30, 2005.


guidance on the development of
IEPs and parent participation. The
district provides parents with a
document to use prior to the
meeting to use in guiding their
concerns and vision for the student.
The district provided a list of staff
authorized to commit resources and
interviews indicate there is no
situation where the Team chair
would have to obtain higher
authority to commit district
resources.
SE 18B
Determination of
placement;
immediate
provision of IEP
to parent

Documentation
Record Review
Interviews
The district submitted a copy of
their policy and procedures used to
ensure parents are immediately
provided with the proposed IEP
and placement following
development of the IEP at the
Team meeting. Record review and
interviews indicate the district
consistently meets determination of
placement and the immediate
provision of the IEP to parents.
SE 20
5
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Least restrictive
program selected
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
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented

Partial

Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
Record review indicates that
although students are placed
in the Least Restrictive
Environment, the district
does not always specify why
removal is critical to the
student’s program when
services are provided outside
the general education
classroom.
Please provide evidence of staff
training on writing individualized
non-justification participation
statements and submit three
samples of non-participation
justification statements no later
than June 30, 2005.

Documentation
Record Review
Interviews
Documentation, record review and
interviews indicate the district
consistently places students in the
Least Restrictive Environment.
Documentation
Record Review
Interviews
Documentation, record review and
interviews indicate the district has
procedures in place that ensure
IEPs are implemented without
delay, teachers and service
providers are informed of their
obligations under IEPs, and that
IEPs are in place for every eligible
student at the beginning of the
school year.
6
Partial
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation


personnel))
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
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
or Additional
Issues
Identified

Documentation
Record Review
Interviews
The district submitted a policy and
procedures that ensure parent
participation in Team meetings.
The district works with parents in
regard to scheduling and provides
parents with a form to write down
their concerns and vision for their
student prior to Team meetings.
The district has used a variety of
alternate methods to ensure parent
participation

Record Review
Interviews
Record review and interviews
indicate the district always provides
the parent with the IEP or notice of
no eligibility together with
notification of procedural
safeguards and parent’s rights.
Notice forms are concise and
provide an excellent description of
the action being proposed by the
district.
SE 29
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)
Communications
are in English
and primary
language of home
SE 32
Parent advisory
council for
special education
SE 50
Responsibilities
of the School
Principal and
Administrator of
Special
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented


Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
or Additional
Issues
Identified

Documentation
Record Review
Interviews
The district submitted a written
policy on parent participation
including usage of TTY
communication with parents when
necessary.
The district also provided translated
copies of the Parent’s Rights
Brochure and evidence of
translators.

Documentation
Interviews
The district submitted a copy of
their PAC brochure, bylaws,
officers list and evidence of
activity. Interviews indicate the
district, in collaboration with
surrounding district PAC’s, will
conduct an annual training on
special education laws and student
and parent rights in January 2005.

Documentation
Interviews
The district submitted copies of the
district-wide curriculum
accommodation plan and
curriculum accommodation plans
used in each school. The plans
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)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
Although the evaluation
submitted is comprehensive,
there is no data or analysis
of drop-out or expulsion data
for special education
Please submit a plan for
evaluating the district’s special
education program for
effectiveness that includes
information on MCAS scores,


Education
SE 54
Professional
development
regarding special
education
SE 56
Special education
programs and
services are
evaluated
outline services available to all
students including reading and
math remediation, Title I services
and services available to limited
English proficient students.

Documentation
Interviews
The district submitted with
documentation evidence of training
in analyzing and accommodating
diverse learners, confidentiality of
records, local special education
policies and procedures, state and
federal special education
regulations, the pre-referral
Teacher’s Assistance Teams and a
needs assessment. The professional
development plan is comprehensive
and elicits staff input for future
professional development.
Partial
Documentation
Interviews
The district submitted a
comprehensive evaluation
conducted by GH Consulting that
includes review of CPR findings
and corrective action, analysis of
9
Partial
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
services.
graduation rates, drop-out rates
and expulsion data for student’s
who receive special education no
later than June 30, 2005.
Facility tour of the Case
Middle Schools indicates
students are located by grade
there are not an equal
number of handicapped
accessible bathrooms for
Please submit a plan for providing
equal access to handicapped
bathrooms for both male and
female students for the 2005-2006
school year no later than June 30,
2005.


MCAS scores for Special
Education students and parent
surveys.
Other
Requirements
SE 9
Eligibility
Determination:
Timelines for
evaluation,
provision of IEP
and/or
identification of
other needed
instructional
programs

Documentation
Record Review
The district submitted a policy and
procedures that ensure evaluation
timelines and the immediate
provision of the IEP are met.
Record review and interviews
indicate the district consistently
meets timeline requirements and
documents the IEP and
identification of other instructional
programs with required notice in
the student records.
SE 55
Special education
facilities and
classrooms
Partial
Facilities Tour
Documentation
Interviews
Facilities tour of the Case Middle
school indicates the resource room
settings have been relocated among
the regular education classrooms.
Although the rooms are small, they
maximize integration of the
10
Partial
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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


students into the life of the school.
Tour of the Gardner Elementary
indicates service providers have
their own space and no longer
provide services on the stage. Tour
of the Brown Elementary school
indicates there is an instructional
space that continues to be shared by
two providers; however, through
interviews the district assured the
Department that when direct
services are being provided only
one provider is using the space.
11
male and female students. At
the Brown Elementary the
adjustment counselor’s
office is located off of a
general education reading
room requiring student’s to
walk through the reading
room to access the
adjustment counselors’
office.
Please submit a plan for relocating
the adjustment counselor’s office
for the 2005-2006 school year no
later than June 30, 2005.
On-site verification required no
later than August 25, 2005.
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
Although all district handbooks
contain a nondiscrimination
policy, not all handbooks
reference M.G.L. ch. 76 s. 5 as
required. All district
handbooks contain a
disciplinary policy, however,
not all handbooks contain due
process procedures or
appropriate procedures for the
discipline of students with
special needs and students with
Section 504 Accommodation
Plans consistent with regulatory
requirements. Further, as part of
the discipline policy, the district
requires a reinstatement
meeting following suspension
of a student. There is no
provision for requiring a
reinstatement meeting to
readmit a student following a
suspension, as the district is
required to suspend a student
for a finite number of days. Not
all district handbooks contain a
procedure for resolving
complaints regarding
harassment or discrimination.
Please submit a draft copy of all
student handbooks containing the
following no later than June 30,
2005:
 Reference to M..G.L. ch.
76 s. 5 as part of the
nondiscrimination policy
 A revised disciplinary
policy that contains due
process procedures and
appropriate procedures
for discipline of students
with special needs or
Section 504
Accommodation Plans
 Elimination of the
district’s required
reinstatement meeting
following a student
suspension
 Procedures for resolving
complaints related to
harassment or
discrimination


MOA 10A
(formerly MOA 17)
Handbooks and
codes of conduct
Partial
Documentation
Interviews
The district submitted a copy of all
of their school handbooks. All
handbooks contain a policy on
nondiscrimination and district
disciplinary policy and procedures.
The high school and middle school
handbooks contain information on
the school’s procedures for
investigating and resolving
complaints of harassment &
discrimination.
12
Partial
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
Although the district
provides notification of Title
IX and 504 Coordinators and
to parents and students via
its website, the district does
not have a procedure for
annual notification of
coordinators to parents and
students who do not have
website access.
Please submit a procedure for
annual notification of
nondiscrimination and
coordinators to all parents and
students and submit evidence that
the district has provided
notification to all parents and
students for the 2004-2005 school
year no later than April 15, 2005.


MOA 12A
(formerly MOA 10
Partial
Documentation
Interviews
The district submitted a policy and
notification of its
nondiscrimination policy to
students, parents, teachers and the
community. Interviews indicate
that faculty and staff are notified of
the Title IX and Section 504
Coordinator the first week of
school. The district currently
provides parent and student
notification of nondiscrimination
and coordinators through its
website.
MOA 17A
Use of physical
restraint on any
student enrolled
in a publicly
funded education
program

Documentation
Interviews
The district provided physical
restraint training and copies of the
written policy to all staff within the
first month of school. Interviews
indicate that there is a school-wide
trained restrainer at each building
and staff are provided with this
information the first week of
school.
MOA 21
Staff training

and MOA 11)
Annual and
continuous
notification
concerning
nondiscriminatio
n and
coordinators
The district submitted a copy of
their civil rights packet that is given
13
Partial
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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


regarding civil
rights
responsibilities
to all staff members at the
beginning of the school year.
Interviews indicate that all staff are
required to acknowledge receipt of
this information through use of a
sign-off sheet given to a school
administrator at the conclusion of
the annual training.
MOA 23
Comparability of
facilities
Partial
Facility Tours
Documentation
Interviews
See SE 55.
Partial
See SE 55
See SE 55
MOA 24
Curriculum
Review
Partial
Documentation
Interviews
The district submitted a checksheet for evaluating instructional
material including a category on
fair and unbiased treatment of
“various groups in society.”
Interviews indicate that the
curriculum review process does not
include supplementary materials
used by teachers.
Partial
Interviews indicate that the
district uses a curriculum
review process that ensures
materials are fair and
unbiased; however, teachers
do not use the check-sheet
for evaluation of
supplementary material prior
to use.
Please submit a policy and
procedures for evaluating all
materials for fair and unbiased
treatment of various groups in
society prior to use in the
classroom no later than April 15,
2005.
14
Criterion
Number
and
Topic
(Refer to full text
of requirements
in 2004-2005
Special
Education
Information
Package)
Implementation Status of
Requirement
s
or
Corrective
Action Plan
Determined
to be
Substantially
Implemented
Method(s) of
Verifica-tion
Comments Regarding Corrective
Action Plan Implementation
Corrective
Action Plan
Determined to
be Not Fully
Implemen-ted
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
Although the district
conducted a survey and
identified improvement
areas, the survey’s were not
dated and did not address
issues specific to civil rights
including the accessibility of
programs to students of
differing race, color, sex,
religion, national origin,
limited English proficiency,
sexual orientation and
housing status. In addition,
the district is required to
conduct an institutional selfevaluation annually.
Please submit a plan for
conducting an annual institutional
self-evaluation that address
accessibility of programs for all
protected populations no later than
April 15, 2005.
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MOA 25
Institutional selfevaluation
Partial
Documentation
Interviews
The district utilized a survey
process to identify needed areas of
improvement and has formed a
District Improvement Plan for
2003-2006 based on these results,
which includes an area focusing on
special education.
Mid-cycle Cover Letter and Report Format 2005.doc
Partial
Rev. 9/10/04
15