Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3000 TTY: N.E.T. Relay 1-800-439-2370 August 5, 2008 Edward M. Cook, Head of School Uphams Corner Charter School 320 Huntington Avenue Boston, MA 02115 Re: Uphams Corner Charter School Mid-cycle Report and Enforcement Meeting at the Department of Elementary and Secondary Education Dear Mr. Cook: Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report. This report contains findings based on onsite monitoring the Department conducted to determine the effectiveness of corrective action it approved or ordered to address noncompliance identified in your district’s last Coordinated Program Review Report, dated December 2, 2004. The Mid-cycle Report also contains findings based on onsite monitoring of special education compliance criteria that have been created or substantially changed in response to IDEA 2004. The enclosed Mid-Cycle Review Report describes continued serious noncompliance with state and federal law, particularly in special education and English Language Learner education. In 2006, the school proposed corrective action to remedy all areas of noncompliance identified by the Department at that time. The Department approved this corrective action--or in some cases disapproved it and made its own order of corrective action--and since that time the district has provided the Department with written progress reports describing implementation of the approved or ordered corrective action. However, as a result of the mid-cycle monitoring in April 2008, which consisted of staff interviews, student record reviews, and documentation review, the Department has found that the approved corrective action (1) has not been implemented as approved or ordered by the Department; (2) has been very 1 unevenly implemented; or (3) has been implemented but has been ineffective in addressing the identified noncompliance. Findings in the first two cases are in direct contrast to progress reports submitted by the district and statements of assurance filed by the district with the Department as a condition for receiving state and federal funds. The Department documented 16 findings of special education noncompliance by the district in 2004. The enclosed Mid-Cycle Report documents 18 findings of noncompliance in the Uphams Corner Charter School special education programs, eight (8) of which are areas of continuing noncompliance. This is not acceptable after three years of reported corrective action. Another component of the Department’s Mid-cycle Review is the review of your school district or charter school's self-assessment—documentation and any written analysis of compliance--in the area of English learner education (ELE). The purpose of this review is to determine whether your district is implementing the significant changes in M.G.L. Chapter 71A, governing the education of limited English proficient students, that were adopted by voters by means of Question 2 in 2002. The Department has reviewed your district’s ELE selfassessment and, based solely on that self-assessment, is providing you in this report with findings on your ELE program and, where necessary, corrective action to be implemented. Your district is urged to request technical assistance in relation to any of these findings or this prescribed corrective action from me or from staff in the Department’s Office of Language Acquisition and Achievement at 781-338-3503. ELE guidance documents are available on the Department’s website at http://www.doe.mass.edu/ell/. In consideration of the seriousness of the Department’s findings, we will be holding a meeting in the Department’s Malden offices to provide you and the Chairperson of your school’s board of trustees with a more detailed explanation of the basis of the Department’s most recent findings and the steps the Uphams Corner Charter School is now obligated to take. You will be contacted to set up the date for this meeting upon our issuance of the report. The Department’s onsite team has also identified new issues of noncompliance, including but not limited to noncompliance with special education criteria added or substantially changed in response to IDEA 2004. In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented immediately. You will find these requirements for corrective action included in the enclosed report, along with requirements for progress reporting. Please provide the Department with your written assurance that all of the Department's 2 requirements for corrective action will be implemented by your district within the timelines specified. You must submit your statement of assurance to me by August 18, 2008. Your staff's cooperation throughout this Mid-cycle Review was appreciated. Should you require clarification of our report, please do not hesitate to contact me at 781-338-3741. Sincerely, Jane L. Ewing, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education Christopher Binns, Uphams Corner Charter School Board of Trustees, Chairperson Jennifer Holbrook, UCCS Program Review Follow-up Coordinator Mary Street, Director, Charter School Office 3 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT UPHAMS CORNER CHARTER SCHOOL Date of Coordinated Program Review (CPR) Final Report: December 2, 2004 Date Coordinated Program Review Corrective Action Approved or Ordered: January 19, 2006 Dates of Corrective Action Plan Progress Reports: March 15, 2006; January 18, 2007; July 3, 2007; September 4, 2007 Dates of this Mid-cycle Review Onsite Visit: April 15-16, 2008 Date of this Report: August 5, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 2 Required and Optional Assessments Student records, interviews Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified The student record review demonstrated that Education Assessments A and B are not always completed for students; additionally, the school experienced difficulty obtaining occupational Please provide training to all general education and special education teaching staff on using Educational Assessment A and B forms for students (available on the Department’s website at http://www.doe.mass.edu/sped/ Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 1 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting therapy assessments for students who had OT on previous IEPs. Thus, school personnel removed services from IEPs without conducting a reevaluation. 28mr/28r1.doc). The school currently uses a General Education Teacher Input Form (GET), which staff may continue to use in addition to the required Education Assessments A and B. Please provide documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please review a random selection of 15 records across the school’s grade levels for evidence that school personnel complete Educational Assessment A and B forms. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address any continued non-compliance. Proved the analysis to the Department by January 5, 2009. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 2 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Student records, Interviews SE 9 Timeline for determination of eligibility and provision of documentation to parent New issue identified Implemented Student records, interviews UCCS IEP Teams provide clear nonparticipation justification statements for the student’s removal from the general education classroom. IEPs are individualized and thorough. Implemented Student records, interviews The notices to parents contain the required content. SE 25 Parental consent Implemented Student records, interviews UCCS conducts assessments only after the school obtained parental consent to conduct the evaluations. SE 26 Parent participation in Implemented Student records, interviews UCCS makes every effort to have parents in attendance at IEP Team meetings. The SE 20 Least restrictive program selected SE 24 Notice to parent Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Please see comments under SE 4. Please see comments under SE 4. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 3 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 32 SPED PAC Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified UCCS merged its active Parent Advisory Council with its SPED PAC. Although the PAC is active, the PAC has not developed SPED PAC bylaws. Please develop by-laws for the SPED PAC and provide these by-laws to the Department by September 30, 2008. school makes reminder phone calls before the meetings, reschedules meeting up to three times if the parent cannot attend, and arranges phone conferences for parents who are unable to attend in person. meetings SE 29 Communications are in English and primary language of home Corrective Action Not Implemented or Not Effective or New Issues Identified Implemented Student records, interviews UCCS uses a translation service through the YMCA (where the school is housed) for translating student documents like IEPs and notices. Staff members that are fluent in languages other than English attend meetings to act as interpreters for families who require translation. Interviews, document review Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 4 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective SE 44 Procedure for recording suspensions Student records, interviews Corrective Action Not Implemented or Not Effective or New Issues Identified New issue identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Although UCCS has a procedure to record the number and duration of suspensions, the school is not including in-house suspension data for students on IEPs. Please revise the school’s policy of recording suspension data for students with disabilities to include in-class suspensions and suspensions from special transportation. Provide a copy of the revised policy to the Department by September 30, 2008. Please provide training to special education staff and school administrators on ensuring the inclusion of inhouse suspension data as part of the suspension data for students with disabilities. Provide evidence of this training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please review the school’s student suspension data for students with IEPs from Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 5 Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting September 2008 until the end of December 2008, to ensure it includes both in-house and external suspensions as well as evidence of manifestation determinations. Provide a narrative describing the results of this review to the Department by January 5, 2009. SE 54 Professional development Implemented Interviews Staff members received training on inclusion practices and working with students with specific learning disabilities. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 6 Special Education Criteria Created or Revised in Response to IDEA-2004 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 3 Special requirements for determination of specific learning disability Implemented Student records, interviews UCCS Teams use the appropriate form and process when finding a student eligible for special education that has a Specific Learning Disability (SLD). SE 6 ##1 - 3 Determination of Transition Services Student records, interviews Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Partially Implemented Students who are 15 and older do not always have transition planning in their IEPs or completed transition planning forms in the student record. Please provide appropriate staff with training on transition planning (see web links http://www.doe.mass.edu/sped/ links/transition.html And http://www.doe.mass.edu/sped/ cspd/). Please provide evidence of the staff training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please review a random Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 7 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting selection of 10 records of students aged 15 or older for evidence of transition planning post-training. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. SE 8 IEP Team composition and attendance Student records, interviews Partially Implemented Related service providers rarely attend meetings, although they provide written feedback for the Team meetings. The school does not use the Team Excusal Form when key service providers do not attend Team meetings. Please develop a Team Member Excusal form or other method of tracking agreement if the parent agrees with the excusal of a key service provider from a Team meeting. Provide a copy of the excusal form to the Department by September 30, 2008. As per 300.321(e)(2), a member of the IEP Team may be excused from attending an IEP Team meeting even when the meeting involves a modification to or Please provide training to all special education staff, including related services consultants, on the requirements of the Team excusal process. Provide evidence of this training, Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 8 Criterion Number and Topic SE 12 Frequency of re-evaluation SE 13 Progress Reports and Criterion Implemented Implemented Method(s) of Verification Student records, interviews Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting discussion of the member's area of the curriculum or related services if (1) The parent, in writing, and the public agency consent to the excusal prior to the meeting; and (2) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP before the meeting. including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Student records demonstrated that progress was not always Please provide training to all general education and special education staff on the Please conduct a sample record review post-training of 15 records to ensure that staff members are implementing the charter school’s process for documenting the excusal of staff members from IEP Team meetings. Please indicate the compliance rate and any corrective action taken if continued noncompliance is identified by the reviewer(s). The report is due to the Department January 5, 2009. In cases where the school does not have an initial date of eligibility for student enrolling with an IEP from another district, the student is reevaluated upon entry into the school. Student records, interviews Partially Implemented Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 9 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented content Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting reported on each IEP goal. development of progress reports. Please provide documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please review a random selection of at least 10 records post-training to assess the completeness of progress reporting. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. Partially implemented SE 14 Review and revision of IEPs UCCS Teams are not consistently meeting on or before the anniversary date of the IEP to review student IEPs; consider the Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 10 Please develop a tracking process (whether through the use of a software program or other locally decided process) for notifying staff of annual Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting student’s progress; and review, revise, or develop a new IEP. review dates at least 30 days before the expiration of the IEP in order to assist staff in planning and arranging IEP Team meetings before the IEP lapses. The charter school may wish to consider coordinating the planning of annual reviews as part of its common planning time or grade-level meeting agendas. Please submit the charter schools plan for tracking annual review dates and notifying appropriate school personnel by September 30, 2008. Please conduct a record review of 15 student records scheduled for an annual review between October 2008 and December 2008 to ensure compliance. Identify the rate of compliance and any additional corrective action taken if noncompliance is determined to the Department by January 5, 2009. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 11 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented SE 25B Resolution of disputes SE 33 Involvement in the General Curriculum Implemented Student records, interviews Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Not Implemented UCCS does not have a procedure for holding a resolution meeting at the school-level when a parent has made an official hearing request to Special Education Appeals. Please develop procedures that meet the requirements of 34 CFR 300.510 for holding a school-level resolution meeting when a parent has made an official hearing request to the BSEA. Provide a copy of the procedures to the Department by September 30, 2008. UCCS provides students with inclusion opportunities and appropriate support and accommodations in the general education classroom. UCCS IEP Teams have at least one member familiar with the general curriculum who can discuss an eligible student’s appropriate access to the general curriculum. UCCS documents the student’s participation in the general curriculum with appropriate participation statements. SE 39A Procedures for services to eligible private Not applicable UCCS is a charter school and does not serve students enrolled in private schools. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 12 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Partially implemented Please see the Department’s comments under SE 44. Please see the Department’s comments under SE 44. school students whose parents reside in the district (SE 39A does not apply to charter schools or vocational schools) SE 39B Procedures for services to eligible students in private schools in the district whose parents reside out of state Not applicable UCCS is a charter school and does not serve students enrolled in private schools. (SE 39B does not apply to charter schools or vocational schools) SE 46 Procedures for suspension of students with disabilities more than 10 Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 13 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting days SE 52 Appropriate certifications/ licenses or other credentials – related service providers (to be reviewed only with respect to providers of interpreting services) UCCS does not have any students who require the services of an interpreter. Not applicable Special Education Criteria Monitored because of Issues Identified since the CPR Criterion Number and Topic SE 4 Reports of assessment results Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Student records, interviews Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified Assessment reports from the school’s assessment and consultation service company are not always completed by the 30-day assessment timeline; Please develop a procedure to ensure that assessments are completed by 30 days and Team meetings are scheduled within 45 days of the date of the receipt of the signed Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 14 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting therefore, Team meetings extend beyond 45 days. consent form. Provide training to staff as necessary on the procedures. Provide documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please review a random selection of at least 10 records to assess whether assessments are completed in 30 days and IEP Teams are meeting within the 45-day timeline from the period of September-December 2008. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 15 Criterion Number and Topic SE 11 School district response to parental request for independent educational evaluation Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Interviews, document review Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting New issue identified UCCS does not have policies, procedures regarding parental disagreement with an initial evaluation or reevaluation completed by the school district, or if the parent requests an evaluation in an area not assessed by the school. Develop procedures for independent educational evaluations that conform to 603 CMR 28.04(5) and provide a copy to the Department by September 30, 2008. Provide training to appropriate staff the procedures for addressing requests for independent educational evaluations. Provide documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by January 5, 2009. Please review a random selection of at least 10 records from the period of SeptemberDecember 2008.to assess whether IEE protocols were appropriately followed. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 16 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. SE 19 Extended Evaluations Student records, Interviews New issue identified UCCS does not have policies or procedures for conducting extended evaluations when a Team finds a student eligible for special education but finds the evaluation information insufficient to develop a full or partial IEP. Please develop procedures for extended evaluations as per 603 CMR 28.05(2)(b). Provide training to appropriate staff on the procedure. Please provide a copy of the extended evaluation procedures and documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please review a random selection of at least 10 records from the period from September – December 2008 for appropriate use of extended evaluations. Please provide an analysis of the results of this review, including the number of Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 17 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. SE 21 School day and school year requirements Student records, Interviews New issue identified UCCS Teams do not routinely consider a student’s need for an extended year program. Please develop procedures for considering extended school year (ESY) programming (see the Department’s guidance at http://www.doe.mass.edu/pqa/t a/esyp_qa.html). Please provide training to staff, including general education staff, on how to document skill or behavior regression for Teams to use in considering whether ESY is appropriate for students. Please provide a copy of the ESY procedures and documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 18 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting Please review a random selection of at least 10 records from the period from September – December 2008 for evidence of consideration of extended school year programming. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. SE 22 Provision of IEP to parent Student records, interviews New issues identified UCCS does not provide notification to parents or offer compensatory services to students when services are missed. The LEA representative does not sign proposed IEPs before sending the IEP to the parent. The school requires parents to sign an additional consent form Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 19 Please develop a policy and procedure as per the requirements of 603 CMR 28.06(2)(d)(2) to immediately inform parents in writing of any delayed services, reasons for delay, actions that the school district is taking to address the lack of space or personnel and offer alternative methods to meet the goals on the accepted IEP. Once the service has resumed, the school is obliged to compensate the Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting for counseling services already represented in the signed IEP service delivery grid. If the parents do not sign the form, the student does not receive counseling services. student for missed services. In addition, the form used to request permission to provide counseling services also requests permission to access the parent’s private insurance. Although a school or district can access the parent’s private insurance to support the costs of IEP implementation, and is required to obtain the parent’s consent each time it does so, the parent’s refusal to permit the school or district to access their private insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parents. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 20 Please train staff on the new policy and procedure when there is an interruption in service provision. Please provide a copy of the policy and procedures and documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Please submit a statement of assurance that an LEA representative will sign all proposed IEPs before sending the IEP to the parents for signature. Submit this to the Department by September 30, 2008. The school may seek access to the insurance information to supplement the cost of the IEP. Please discontinue the practice of requiring parents to sign a permission form to enable Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting students to obtain mental health counseling services that are already on the accepted IEPs. Submit a statement of assurance to that effect by September 30, 2008. Following the training and development of policies and procedures, review a random selection of at least 10 records from the period from September – December 2008 for evidence that students have received counseling services as indicated on their current, consented-to IEPs even when parents have not signed off on the school’s insurance access form. Please provide an analysis of the results of the review, including the number of records reviewed, the rate of compliance, and any corrective action taken to address the continued non-compliance. Proved the analysis to the Department by January 5, 2009. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 21 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting SE 36 IEP implementation accountability and financial responsibility Student records, interviews New issue identified Please see comments regarding counseling services in SE 22. Please see comments regarding counseling services in SE 22. SE 41 Age span requirements Interviews New issue identified The ages of two students in the school’s substantially separate class exceed 4 years (11 and 16 years). If the charter school has not rectified this matter before the start of the new school year, it must submit an age span waiver request for the class in question to the Department for approval (http://www.doe.mass.edu/for ms/waivers/form_b.doc). Please submit the waiver to the Department by September 30, 2008. SE 47 Discipline procedures for students not yet determined to be eligible for special education Interviews, document reviews New issue identified UCCS does not have policies or procedures for disciplining students who have not yet determined to be eligible for special education. Please develop procedures for disciplining students not yet determined to be eligible for special education and provide training to appropriate staff on the procedure. Please provide a copy of the procedures, as well as documentation of the training, including the date and time of Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 22 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented Required Corrective Action, Timelines for Implementation, and Progress Reporting the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Student records, interviews SE 49 Related Services New issue identified UCCS had difficulty providing occupational therapy services for students with OT on their IEPs. Please develop a description of the school’s efforts that identifies additional means to obtain OT services, including sharing OT providers with other charter schools, contracting with private agencies or networking with other charter schools to obtain names of additional service provider agencies. Provide this document to the Department by September 30, 2008. Criteria from Other Regulated Programs Monitored During this Mid-cycle Review Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 23 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Criterion Number/Topic CR 7 Information to be translated into languages other than English Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Document review, interviews Corrective Action Not Implemented or Not Effective Or New Issues Identified Not Implemented Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Although the school has a partnership through the YMCA for translations for special education documents, the school did not provide any materials to demonstrate that important school documents had been translated into the major languages spoken by families attending the school. Please submit evidence of the school’s method of translating major school documents into the major languages of the school. Additionally, the school’s handbook for families and students does not state the school’s willingness to translate the document into the majority languages spoken by families attending the school (e.g., Spanish, Haitian Creole, and Portuguese). Interviewees did not know what the school’s general policies were for translating important Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 24 Please provide examples of important documents translated by the school for families who speak languages other than English, including school recruitment and promotional materials disseminated to residents in the area served by the school. Please submit this documentation to the Department by September 30, 2008. Criterion Number/Topic Approved Corrective Action Implemented and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented or Not Effective Or New Issues Identified Basis of Determination that Implementation of Corrective Action was Incomplete or Ineffective Or Basis of Finding of New Noncompliance Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements school documents. CR 26A Confidentiality and student records Student records New issue identified UCCS does not have logs of access for student files to keep track of who has accessed the records. Please provide training to all staff on 603 CMR 23.07 and 23.07(1), regarding access to student records and the requirement to have a log of as part of each student's record. Submit documentation of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by September 30, 2008. Following the training, conduct a student record review to ensure all student records have a log of access. Provide a narrative description of the results of this review to the Department by January 5, 2009. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 25 ELE Criteria Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 1 Annual Assessment Not Implemented Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) According to staff interviews, there is currently no staff member trained as a Massachusetts English Language Assessment – Oral (MELA-O) qualified rater. Additionally, staff interviewed did not know about administering the Massachusetts English Proficiency Assessment (MEPA). Charter schools and districts are required to assess English speaking and listening skills of LEP students using the MELA-O (Massachusetts English Language Assessment – Oral). The MELA-O can only be administered by staff members who are either QMT's (qualified MELA-O trainers) or QMA's (qualified MELA-O administrators). Districts are required to assess the reading and writing of LEP students annually using the Massachusetts English Proficiency Assessment (MEPA). ELE 2 MCAS Participation Implemented All students take the MCAS at UCCS, including students identified as English Language learners. ELE 3 Initial Identification Implemented UCCS has a home language survey in English, Spanish, Portuguese, and Haitian Creole. Students are assessed upon entry using the LAS/W and LAS/O. Required Corrective Action, Timelines for Implementation, and Progress Reporting Identify staff to train as MELA-O raters. Contact the Office of Language Acquisition and Academic Achievement about the MELA-O training schedule at ell@doe.mass.edu. Review Department guidance on how to use available assessment data to determine LEP status at the end of the school year: (http://www.doe.mass.edu/ell/sei/MEPA_guidelines.pdf) Additional guidance on MELA-O and MEPA assessments can be accessed at the following web links: http://www.doe.mass.edu/mcas/mepa/2007/qmt_manual.pdf http://www.doe.mass.edu/mcas/mepa/ Provide documentation of steps taken to ensure that students identified as LEP receive the MEPA and MELA-O annually to the Department by September 30, 2008. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 26 ELE Criterion Number and Topic ELE 4 Waiver Procedures Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Not Implemented Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) UCCS does not have procedures for parents who want to waive the program requirements of sheltered English immersion (SEI) for their children enrolled in the school. Required Corrective Action, Timelines for Implementation, and Progress Reporting Develop a waiver procedure and waiver form for parents of students over the age of 10. Additional guidance is found at http://www.doe.mass.edu/ell/waiver.pdf. Submit a copy of the procedure and form to the Department by September 30, 2008. ELE 5 Program Placement and Structure Not Implemented UCCS has not developed programming for students identified as English language learners (ELL). In order to have an effective program for English language learners, districts and charter schools must ensure that general educators have received sufficient training in the four main categories of training identified by the Department and that the district provides qualified staff able to ensure English language development (ELD) through a highly qualified teacher who has taken and passed the MTEL ELL test. Sheltered content instruction is also a required component of Sheltered English Immersion (SEI). Teachers who have limited English proficient (LEP) students must be qualified to shelter content instruction. To become qualified, teachers must have the skills and knowledge described in the Commissioner's Memorandum of June 2004. Please see the Department’s guidance on low incidence districts at: http://www.doe.mass.edu/ell/sei/lowincidence.pdf . Please provide the information regarding the qualifications of the teacher used by the school to ensure English language development. Please provide this information by September 30, 2008. Please identify what training activities have been provided Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 27 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Required Corrective Action, Timelines for Implementation, and Progress Reporting to staff to ensure the provision of SEI programming. Additionally, submit a long-term professional development plan for Categories 1, 2, and 3 for the school’s staff. See the Department’s guidance at http://www.doe.mass.edu/ell/profdev/sheltered.html. Please note the Department’s guidance and requirements on the provision of SEI professional development by qualified trainers on this same link. Identify the trainer, the teachers who received the training, and the dates of the training to the Department by January 5, 2009. ELE 6 Program Exit and Readiness Not Implemented UCCS has not developed a process to re-designate a student from Limited English Proficient (LEP) to Formerly limited English proficient (FLEP). Develop a set of procedures to enable staff to determine whether an LEP student can participate in general education classes (e.g., designated as formerly limited English proficient or FLEP) using multiple measures, including but not limited to the following: MEPA results, grades, teacher observation, and local criteria for grade advancement. Following the development of these procedures, train appropriate staff in the use of the FLEP procedures. The Department has provided guidance on designation of LEP students (see Guidelines for Using MEPA Results to Plan Sheltered English Immersion (SEI) Instructional Programming and Make Classification Decisions for Limited English Proficient (LEP) Students, dated June, 2005, at http://www.doe.mass.edu/ell/sei/MEPA_guidelines.doc). Provide a copy of the FLEP procedures and documentation Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 28 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Required Corrective Action, Timelines for Implementation, and Progress Reporting of the training, including the date and time of the session, a signed attendance sheet, and examples of the training materials to the Department by January 5, 2009. ELE 7 Parent Involvement Not Implemented The school does have an active parent council but has not developed ways to specifically include parents or guardians of LEP students in matters pertaining to their children’s education Develop a plan to include or incorporate parents or guardians of LEP students into the parent council or other means determined by school personnel. Please note that this plan should ensure that parents are meaningfully involved in the life of the school. Provide a description of the school’s plan to specially include parents of LEP students in matters pertaining to their children’s education to the Department by January 5, 2009. ELE 8 Declining Entry to a Program Not Implemented UCCS has not developed procedures for parents to decline entry to the school’s language program and services. Parents of English language learners may notify the school/district of their wish to have their child “opt-out” of an ELE program. The district must then place the student in an English language general education classroom and document the parent’s notice in the student’s file. Districts should encourage parents to allow their children to participate in ELE programs for a limited time before they make a final determination to “opt-out” of the program. ELE 9 Instructional Grouping Not Applicable Develop a policy and procedure that ensures the provision of English language support to students whose parents have declined entry to a sheltered English immersion, two-way bilingual or other ELE program and that keeps parents of LEP students who have opted out apprised of their child’s progress. Provide the procedures for opted-out students to the Department September 30, 2008. UCCS has not developed an SEI program, so there are no levels of instructional grouping for students designated as ELLs. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 29 ELE Criterion Number and Topic ELE 10 Parental Notification Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Not Implemented Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) The school has not developed a parent notification letter that meets the requirements of M.G.L. c. 71A, § 7 and 603 CMR 14.02. Upon placement in any ELE program, and annually thereafter, a notice is mailed to the parents or guardians written in the primary/home language as well as in English, that informs parents of: (a) the reasons for identification of the student as Limited English Proficient (LEP); (b) the child’s level of English proficiency; (c) program placement and/or the method of instruction used in the program; (d) the parents’ right to apply for a waiver (see ELE 4), or to decline to enroll their child in the program (see ELE 8). Required Corrective Action, Timelines for Implementation, and Progress Reporting Develop a letter that incorporates the required information for parents of students who have been identified as LEP. Submit a copy of the template letter to the Department by September 30, 2008. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 30 ELE Criterion Number and Topic ELE 11 Equal Access to Academic Programs and Services Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Partially implemented Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) ELL students are not segregated from their English-speaking peers and participate fully with non-ELL students. Required Corrective Action, Timelines for Implementation, and Progress Reporting Please see ELE 5 to address this criterion. UCCS has the capacity to offer LEP students the opportunity to receive support services, such as guidance and counseling, in a language that the student understands, through the evaluation and assessment consultants used by the school. The school provides access to the full range of academic opportunities and supports afforded non-LEP students, such as special education services, Section 504 Accommodation Plans, and the supports outlined in the district’s curriculum accommodation plan. The school has not developed an SEI program for students identified as ELLs, therefore they cannot ensure that LEP students are taught to the same academic standards and curriculum as all students, and cannot provide the same opportunities to master such standards as other students, including the opportunity to enter academically advanced classes and have access to the full range of programs. ELE 12 Equal Access to Nonacademic and Extracurricular Programs ELE 13 Follow-up Not Implemented UCCS does not provide translated documents to limited English proficient students to ensure that they have equal access to the nonacademic programs and extracurricular activities available to their English-speaking peers. The charter school must develop a process for ensuring the translation of documents into the major languages of the school for English language learners and their parents. The charter school will identify to the Department how it will translate documents and provide samples of translated materials by January 5, 2009. Not Implemented UCCS does not have a monitoring process set up for students who have been designated formerly Limited English Set up a procedure to actively monitor students who have exited an English learner education program for two years, Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 31 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Proficient. Support Required Corrective Action, Timelines for Implementation, and Progress Reporting including language support services to those students, if needed. Provide a copy of the procedure to the Department by January 5, 2009. ELE 14 Licensure Requirements Not Implemented UCCS does not have a staff member who is highly qualified to teach English language acquisition to students identified as ELLs, as evidenced by having taken and passed the ELL MTEL test. Please see ELE 5 to address this criterion. UCCS must identify qualified staff able to ensure English language development (ELD) to ELL students through a highly qualified teacher who has taken and passed the MTEL ELL test. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 32 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 15 Professional Development Requirements Not Implemented ELE 16 Equitable Facilities Implemented ELE 17 Program Evaluation Not Implemented Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) UCCS has Not Implemented the four category trainings required for SEI programming in schools with identified ELE students. Not Implemented Please see ELE 5 for corrective action and progress reporting requirements. LEP students are provided the same facilities, materials and services as other students in the school. UCCS has not developed an ELE program, so an evaluation to assess programming effectiveness is not possible. All schools and districts must conduct periodic evaluations of the effectiveness of its ELE program in developing students’ English language skills and increasing their ability to participate meaningfully in the educational program. Where the school/district documents that the program is not effective, it takes steps to make appropriate program adjustments or changes that are responsive to the outcomes of the program evaluation. ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) Required Corrective Action, Timelines for Implementation, and Progress Reporting The charter school did not maintain records with all required elements. Develop a protocol to assess the ELE program once the school has designed a program. The Department suggests using the English language proficiency test data of its ELE students individually and in the aggregate to determine the effectiveness of its ELE program models. Provide details of the evaluation plan to the Department by January 5, 2009. For Uphams Corners Charter School’s Coordinated Program Review visit in 2010, ELE student records must contain the following documents: (a) home language survey; (b) results of identification and proficiency tests and evaluations, including MELA-O, MEPA, MCAS, or other tests chosen by the Board of Education and the district; (c) information about students’ previous school experiences; (d) copies of parent notification letters, progress reports and report cards (in the native language, if necessary); Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 33 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) Required Corrective Action, Timelines for Implementation, and Progress Reporting (e) Evidence of follow-up monitoring (if applicable); (f) Documentation of a parent’s consent to “opt-out” of English learner education, if applicable; (g) waiver documentation, if applicable; and (h) Individual Student Success Plans for students who have failed MCAS, if the district is required to complete plans for non-LEP students. Uphams Corner Charter School Coordinated Program Review Mid-cycle Report August 5, 2008 34