Massachusetts Department of Elementary and Secondary Education

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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
June 20, 2012
Barry Rabinovitch, Superintendent
Wareham Public Schools
54 Marion Road
Wareham, MA 02571
Re: Mid-cycle Report
Dear Superintendent Rabinovitch:
Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report based
on the onsite visit conducted in your district in June 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 6, 2012.
1
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 Doryce Smith at 781338-3718.
Sincerely,
Doryce Smith
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
Geoffey Swett, School Committee Chairperson, Wareham Public Schools
Robert Louzan, Local Program Review Coordinator, Wareham Public Schools
Encs: Mid-cycle Report
Mid-cycle Progress Report Form
2
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REPORT
Wareham Public Schools
Dates of the Mid-cycle Review Onsite: June 4, 2012
Date of this Report: June 20, 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
Interviews
Basis of Determination about Criterion
The district has procedures that ensure that when
the student wishes to make the choice to delegate
or share continued decision-making with his or her
parent, or other willing adult, the decision is made
in the presence of at least one representative of the
school district and one other witness; is
documented and maintained in the student record.
One year prior to the student reaching age 18, the
district informs the student and the parent/guardian
of the rights that will transfer from the
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 1 of 12
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
If Partially
Implemented or Not
Implemented:
(a) Required
Corrective
Action and
Timelines for
Implementation
(b) Progress
Report Due
Date(s) and
Required
Elements
parent/guardian to the student upon the student’s
18th birthday. The notification provided to both the
student and the parent/guardian states that all
rights accorded to parents under special education
law will transfer to the 18 year old student.

Student
Record
Review
SE 8
IEP Team
composition
and
attendance
Interviews

Student
Record
Review
SE 18A
IEP
development
and content
Interviews
Members of the IEP Team attend IEP Team
meetings unless the district and parent agree, in
writing, that the attendance of the IEP Team
member is not necessary because the member’s
area of the curriculum or related services is not
being modified or discussed; or the district and
parent agree, in writing, to excuse a required IEP
Team member’s participation and the excused
member provides written input in to the
development of the IEP to the parent and IEP
Team prior to the meeting.
Student record review and interviews indicated
that for students with a disability on the autism
spectrum, or those students whose disability
affects social skills development, or whose
disability may make them more vulnerable to
bullying, harassment, or teasing, the IEP Team did
not consider and specifically address in the IEP the
skills and proficiencies needed to avoid and
respond to bullying, harassment, or teasing.
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 2 of 12
For those students
whose records were
identified by the
Department on the
Student Record
Review Worksheet,
reconvene the IEP
Teams to consider
and specifically
address in the IEP
the skills and
For those
student records
identified by the
Department,
submit a copy of
the Notice of
School District
Action (N1),
Meeting
Invitation (N3),
and Attendance
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
proficiencies that
students on the
autism spectrum and
those students whose
disability affects
social skills
development, or
whose disability may
make them more
vulnerable to
bullying, harassment,
or teasing need to
avoid and respond to
bullying, harassment,
or teasing.
Please see Technical
Assistance Advisory
SPED 2011-2:
Bullying Prevention
and Intervention for
assistance and
guidance on meeting
this requirement:
http://www.doe.mass
.edu/sped/advisories/
11_2ta.html
Please provide IEP
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 3 of 12
(b) Progress
Report Due
Date(s) and
Required
Elements
Sheet (N 3A)
for the IEP
Team meetings
and the IEPs of
the students.
Please provide
evidence of the
IEP Team
chairperson
training
including the
agenda,
materials and
signed
attendance sheet
with the name
and role of staff.
Please provide a
description of
the district’s
internal monitor
system
including the
name(s) and
titles of the
persons
responsible and
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
Team chairpersons
with training on the
requirements for
addressing bullying
prevention and
intervention on the
IEP.
Please develop an
internal tracking and
monitoring system to
ensure that IEP
Teams consider
bullying preventions
and interventions in
the appropriate
student IEPs.
The district must
conduct a student
record review after
all other corrective
actions have been
implemented. Select
a sample of student
records across all
school levels to
review for the
implementation of
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 4 of 12
(b) Progress
Report Due
Date(s) and
Required
Elements
the date of
implementation.
This progress
report is due by
October 31,
2012.
Submit a report
of the results of
the
administrative
review of
records and
include the
number of
records in
compliance, the
root cause of
any noncompliance and
the corrective
actions the
district will take
to remedy any
identified noncompliance.
This progress
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
the IEP Team’s
consideration of
bullying prevention
and intervention. The
sample should be
taken from those IEP
events (annual
reviews, initial
evaluations or reevaluations) that
have occurred after
all other corrective
actions have been
implemented.
*Please note when
conducting internal
monitoring the
district must
maintain the
following
documentation and
make it available to
the Department
upon request: a)
List of student
names and grade
levels for the
records reviewed;
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 5 of 12
(b) Progress
Report Due
Date(s) and
Required
Elements
report is due by
January 4,
2013.
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about Criterion
If Partially
Implemented or Not
Implemented:
(a) Required
Corrective
Action and
Timelines for
Implementation
b) Date of the
review; c) Name of
person(s) who
conducted the
review, with their
role(s) and
signature(s).

Student
Record
Review
Interviews
SE 25
Parental
consent
A review of student records and interviews
indicate that when the participation or consent of
the parent is required and the parent fails or
refuses to participate or provide consent, the
district consistently documents attempts to secure
the participation or consent of the parent.
Placement changes or re-evaluations occurred with
parental consent. Also the district has consistently
completed assessments that were consented to.
When a parent revokes consent, in writing, to
special education services, the district provides
written notice to the parent of its 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 rights to procedural
safeguards. The district provides notice within a
reasonable time before it intends to discontinue
services. Staff members are aware that they may
not use mediation or request a due process hearing
to obtain agreement or a ruling for continuation of
services.
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 6 of 12
(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 15
Criterion
Implemented


Outreach by
the School
District
SE 20
Least
restrictive
program
selected
Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about
Criterion
Document
Review
A review of documentation and
interview indicated that the
district conducts outreach to
agencies serving migrant and/or
homeless persons pursuant to
the McKinney-Vento Education
Act for Homeless Children.
Interview

Student
Record
Review
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
A review of student records
demonstrated that when a
student is removed from the
general education classroom,
the IEP Team states in the IEP
why the removal is critical to
the student’s program and the
basis for its conclusion that
education of the student in a less
restrictive environment could
not be achieved satisfactorily.
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 7 of 12
(b) Progress
Report Due Date(s)
and Required
Elements
Criterion
SE 22
Criterion
Implemented


IEP
Implementation and
availability
Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Basis of Determination about
Criterion
Student
Record
Review
A review of student records and
interviews indicated that when a
service is delayed because of
lack of classroom space or
personnel, the school has a
procedure to immediately notify
parents of the delayed services,
the reasons for the delay,
actions that the school is taking
to remedy the delayed services,
and offers alternative means to
meet the goals on the IEP.
Interviews
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
IEPs of students who transfer to
the Cooperative Junior-Senior
High School are implemented as
written and there is no delay in
services. IEPs were in effect for
each middle school student as
evidenced by the student
records examined by the
Department.
SE 24
Notice to
parent

Student
Record
Review
The review of student records
indicated that the district’s
Notice of Proposed School
District Action (N1) or Refusal
to Act (N2) meets all of the
federal content requirements
regarding the district’ proposal
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 8 of 12
(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
(or refusal) to initiate or change
the identification, evaluation, or
educational placement of all
students on IEPs.
SE 26

Parent
participation
in meetings
Student
Record
Review
Interviews
SE 29
Communications are in
English and
primary
language of
home

Document
Review
Interviews
A review of student records and
interviews indicated that the
district documents its multiple
attempts to ensure that one or
both parents of a child
participate in the decisions on
the educational placement of
their child. Also, the district
uses a variety of methods to
involve parents when parents
are unable to attend an IEP
Team meeting.
At the time of the Department’s
review, the district did not have
any special education students
who are also identified as
Limited English Proficient
(LEP) or parents of special
education students who required
translated communications.
Therefore, the Department was
unable to review student records
for this criterion.
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 9 of 12
(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
Interviews and a review of
documentation indicated the
district has procedures to ensure
that communications with
parents are in the primary
language of the home if such
language is other than English.
The district has a list of
translators/interpreters available
to participate in IEP Team
meetings.
SE 32

Parent
advisory
council
SE 33
Interviews
Continuum
of alternative
services and
placements
A review of documentation and
interviews indicated the Parent
Advisory Council (PAC)
participates in the evaluation of
the school district’s special
education programs.

Student
Record
Review
A review of student records
indicated that the district
consistently documents in the
IEP the student’s participation
in the general curriculum.

Document
Review
A review of documentation and
interview indicated the district
provides the following:
 Academic Support in
the Learning Center at
Involvement
in the
general
curriculum
SE 34
Document
Review
Interview
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 10 of 12
(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


SE 45

Procedures
for
suspension
up to 10 days
and after 10
days:
General
requirements
SE 46
Procedures
for
suspension
of students
with
disabilities
when
suspensions
exceed 10
consecutive
school days
Document
Review
Interview

Student
Record
Review
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
the Middle School
level;
Resource Room
services at the Decas
and Minot Forest
Schools;
Vocational services for
the most severely
disabled students.
The document review and
interview indicated the district
has an internal monitoring
system to accurately track
suspensions.
A review of student records
indicated that the district
notifies parents of the decision
to take disciplinary action and
provides parents with the
written notice of procedural
safeguards.
Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 11 of 12
(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
Document
Review
The document review indicated
that the educational interpreters
used in the district are registered
with the Massachusetts
Commission for the Deaf and
Hard of Hearing.
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
or a pattern
has
developed
for
suspensions
exceeding 10
cumulative
days;
SE 52A
Registration
of
educational
interpreters

Wareham Public School District Coordinated Program Review Mid-cycle Report
June 20, 2012
Page 12 of 12
(b) Progress
Report Due Date(s)
and Required
Elements
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REVIEW
School District: Wareham Public School District
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
Mid-cycle Report & Cover Letter with Mid-cycle PR Form 2011
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