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