Massachusetts Department of Elementary and Secondary Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 February 27, 2008 Thomas Kane, Superintendent West Bolyston Public School District 125 Crescent Street West Bolyston, MA 01583-1098 Re: Mid-cycle Report Dear Superintendent Kane: 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 October 11, 2005. 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. We are pleased to tell you that the Department of Elementary and Secondary Education has found the Corrective Action Plan implemented by your district to have been effective in remedying previously identified noncompliance in almost all areas of special education and civil rights. The Department has also found your district to have implemented special education compliance criteria that were created or substantially changed in response to IDEA 2004, as well as SE 33 on the access of students with disabilities to the district’s general curriculum (the curriculum expected to be taught to all students). The findings of the Department are included in the enclosed report. You and your entire staff are to be congratulated for your success in implementing new special education requirements as well as maintaining compliance in most areas where the Department found noncompliance during the Coordinated Program Review (CPR). While the Department of Elementary and Secondary Education found your district to have resolved certain noncompliance issues, one special education criterion cited in the CPR report was partially corrected. Where the district has failed to fully implement its Coordinated Program Review Corrective Action Plan, the Department views these findings to be serious. The Office of Special Education Programs of the U.S. Department of Elementary and Secondary Education requires that all special education noncompliance be corrected as soon as possible, but in no case later than one year from the time of identification; where the district has failed to implement its CPR Corrective Action Plan, this one-year period has long since passed. In instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. (In the case of new findings of noncompliance, this corrective action must be corrected 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 1 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 requirements for corrective action will be implemented by your district within the timelines specified in the report. You must submit your statement of assurance to me by March 14, 2008. Your staff's cooperation throughout this Mid-cycle Review is appreciated. Should you like clarification of any part of our report, please do not hesitate to contact me at 781-338-3761. Sincerely, Lynn A. Summerill, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: Jeffrey Nellhaus, Acting Commissioner of Education Peter Desy, School Committee Chairperson Robert Renna, District Program Review Follow-up Coordinator Encl.: Mid-cycle Report 2 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MID-CYCLE REPORT West Bolyston Public School District Date of Coordinated Program Review (CPR) Final Report: March 11, 2004 Date Coordinated Program Review Corrective Action Approved or Ordered: May 28, 2004 Dates of Corrective Action Plan Progress Reports: February 4, 22, 2005, April 2, 2005, July 5 2005, September 20, 2005 Dates of this Mid-cycle Review Onsite Visit: February 5-7 2008 Date of this Report: February 27, 2008 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Special Education Criteria Cited in CPR Report and Monitored in Mid-cycle Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html 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 1 Assessments Review of documents, student records and interviews Corrective Action Not Implement ed 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 Assessments are comprehensive and individualized. Evaluation consent forms identify the areas of suspected disability. Assessments are conducted within appropriate timeframes. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 1 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 SE 4 Reports of Assessment Results SE 9 Timelines for determination of eligibility SE 15 Outreach (Child Find) SE 18A IEP development and content Review of student records, documents and interviews Review of student records Review of student records and interviews Review documents and interviews Review of student records, documents, Corrective Action Not Implement ed 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 The district consistently completes required and optional assessments. Evaluation reports consistently contain assessment procedures, results, and diagnostic impressions, as well as educationally relevant recommendations. Evaluations are conducted within appropriate time frames. Eligibility determinations are made within the 45-day time period. Parents leave Team meetings with required IEP information. IEPs are consistently sent to the parents within three to five days. The district uses a variety of methods and conducts continuous outreach to identify students in need of special education services. IEP goals and benchmarks were measurable at all levels. Teams routinely consider the need for related services. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 2 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 18B Determination of placement; provision of IEP to parent SE 22 IEP Implementation and Availability SE 24 Notice to parent SE 25 Parental consent and interviews Review of student records, interviews and documents Review of student records and interviews Review of student records Review of student records Corrective Action Not Implement ed 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 Teams are determining appropriate placements in the least restrict environment consistent with the needs of the students. Placements are proposed immediately following the development of the IEP. Upon acceptance of the IEP by the parent, the district provides all services without delay. The district’s written notices (N1 and N2) are comprehensive and address all required elements. The district requires parental consent prior to the implementation of services. Refer to SE 22. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 3 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 Implement ed 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 SE 28 Reserved SE 29 Communications are in English and primary language of the home SE 34 Continuum of alternative services and placements SE 42 Programs for young children three and four years of age SE 44 Procedures for recording suspensions Review of student records, documents and interviews Review of student records, documents and interviews Review of documents and interviews The district has a process and procedures in place for parents and guardians of ELE students to receive translation of notices and communications in their native language. The district provides for a continuum of alternative services and placements. The district has vocational offerings and a workstudy program for all students in grades 11 and 12. The district has implemented two life skills programs at the elementary level. Counseling services are available as appropriate to students at the middle and high school levels. Instructional groupings for all preschool programs meet appropriate group size and age span requirements. Review of documents and interviews The district has procedures and processes in place for the tracking and monitoring of suspensions for students on IEPs. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 4 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 45 Procedures for suspension up to 10 days and after 10 days SE 49 Related services SE 50 Administrator of Special Education SE 53 Use of paraprofessionals SE 54 Professional development regarding Review of student records, documents and interviews Review of student records and interviews Review of student records, documents and interviews Review of documents and interviews Review of documents and interviews Corrective Action Not Implement ed 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 The district has written policies and procedures regarding the suspension and exclusion of students that meet state and federal regulations. Students are receiving all related services as required by their IEPs. See SE 9 The district’s administrator of special education ensures compliance with all state and federal laws. Teaching staff understand the criteria for eligibility of special education services and Section 504 Accommodation Plans. Teachers provide individualized accommodations and differentiated instruction. Paraprofessionals receive training appropriate to their roles. Paraprofessionals are not designing instruction. The district provides annual training on special education policies and procedures, including training on Section 504 West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 5 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting 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 special education SE 55 Special education facilities and classrooms Corrective Action Not Implement ed 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 The self-contained special education class in the basement of the elementary school is segregated from other academic classes and is subjected to a high volume of noise distractions due to its location below the gym. As students remain in that classroom for extended periods of time, it is not given the same priority as general education classrooms. The district will submit a plan to integrate this classroom among other general education academic classes by the start of the 2008-2009 school year. Submit this plan to the Department by May 23, 2008. Accommodation Plans. Partial Classroom observations and interviews The district moved the preschool and pre-k space out of the basement of the elementary school. The middle school life skills classroom is now integrated among general education classes. Partial This is an area of continued noncompliance. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 6 of 16 Special Education Criteria Created or Revised in Response to IDEA-2004 Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html Criterion Number and Topic Criterion Implemented SE 3 Special requirements for determination of specific learning disability SE 6 ##1 - 3 Determination of Transition Services SE 8 IEP Team composition and attendance SE 12 Frequency of Method(s) of Verification Basis of Determination that Criterion was Implemented Review of student records, interviews and documents The district is utilizing all required specific learning disability (SLD) forms. All Team members sign that they are in agreement or indicate if they are in disagreement with the Team’s determination of SLD. The district is currently using the new classroom observation and SLD forms developed by the Department. The district conducts comprehensive transition planning based upon student input for students age 15 and older. Vision statements, Transition Planning Forms, and IEPs are aligned and address post-secondary goals, including vocational training and employment options. The district ensures that all required Team members attend Team meetings. The district documents parent excusals of Team members not in attendance. Written input from absent Team members is provided at the Team meetings. The district conducts full reevaluations consistent with the Review of student records, interviews and documents Review of student records, documents and interviews Review of student Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 7 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented re-evaluation SE 13 Progress reports and content SE 14 Review and revision of IEPs SE 25B Resolution of disputes SE 33 Involvement in the General Curriculum SE 39A Procedures for services to eligible private school students Method(s) of Verification Basis of Determination that Criterion was Implemented records and interviews requirements of federal law. The district implements reevaluation procedures when it is suspected that students are no longer eligible for special education services. Progress reports address progress towards specific goals within the IEP at all levels. The district provides summaries of academic achievement / functional performance for students who have graduated or exceeded the age of eligibility. The district is issuing amendments consistent with state and federal requirements. Review of student records and interviews Review of student records and interviews Review of student records Review of student records and interviews Review of documents and interviews Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented The district consistently notifies BSEA within five days after receiving notice that parents have requested a hearing and initiates resolution sessions. District staff understand the rights of students with disabilities to fully participate in the general curriculum. The district does not have any special education students enrolled in private school at private expense at this time (whose parents reside in the West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 8 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic Criterion Implemented Method(s) of Verification (SE 39B does not apply to charter schools or vocational schools) SE 46 Procedures for suspension of students with disabilities more than 10 days Criterion Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented district or out of state). The district understands its obligation to calculate proportionate share of federal entitlement funds and to provide services to eligible private 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 Basis of Determination that Criterion was Implemented Review of documents See SE 39A above. Review of student records, interviews, and documents The district has clearly defined procedures for conducting manifestation determinations and placing students in interim alternative educational settings. These procedures are implemented consistently. In addition, the district conducts West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 9 of 16 Required Corrective Action, Timelines for Implementation, and Progress Reporting Criterion Number and Topic SE 52 Appropriate certifications/ licenses or other credentials – related service providers (to be reviewed only with respect to providers of interpreting services) Criterion Implemented Method(s) of Verification Review of documents 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 functional behavioral assessments and provides behavioral interventions and services when needed. All related service providers are appropriately licensed. The district’s deaf and hard of hearing interpreter has been approved and added to the MA Commission for the Deaf and Hard of Hearing Approved Interpreter Roster for Transliteration. Criteria from Other Regulated Programs Monitored During this Mid-cycle Review Current CPR criteria available by scrolling down to the monitoring instruments at http://www.doe.mass.edu/pqa/review/cpr/default.html CR 1 Identification of limited English proficient CR 2 Program modifications and support services for LEP students See ELE 3 Below See ELE 5 Below West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 10 of 16 CR 6 Availability of in-school programs for pregnant students CR 7 Information to be translated into languages other than English CR 10A Handbooks CR 11A Designation of coordinator(s) grievance procedures CR 12A Annual and continuous notification concerning nondiscrimination/ coordinators CR 15 Review of documents The district has developed and implemented a pregnant student policy that ensures that pregnant students may participate in all academic and nonacademic courses, as well as extracurricular activities. See ELE below The district’s 2007-2008 handbooks contain procedures for the discipline of students with special needs and Section 504 Accommodation Plans. Handbooks also contain procedures for accepting, investigating and resolving complaints alleging discrimination and harassment. All handbooks contain statements of nondiscrimination. All district handbooks contain the name of the designated civil rights coordinator, as well as grievance procedures. Review of documents Review of documents Review of documents The district’s 2007-2008 handbooks contain the required notice of non-discrimination and civil rights coordinators. Review All scholarship applications and West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 11 of 16 Nondiscriminatory administration of scholarships, prizes and awards CR 18A School district employment practices CR 23 Comparability of facilities CR 25 Institutional self-evaluation of documents scholarship information contain statements of nondiscrimination. Review of documents and interviews District staff handbooks, applications and employment policies contain statements of nondiscrimination evidencing that the district is an equal opportunity employer. See SE 55 above. Review of documents and interviews The district conducts annual evaluations of its K-12 programs to ensure that all students have equal access to all programs, athletics and other extracurricular activities. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 12 of 16 West Boylston English Learner Education (ELE) Requirements Mid-Cycle Review Findings and Corrective Action Based on the Department’s Review Of Local Self-Assessments (Please refer to full text of 2006-2007 CPR requirements for ELE and related implementation guidance at http://www.doe.mass.edu/pqa/review/cpr/instrument/chapter71A.doc ) ELE Criterion Number and Topic ELE 1 Annual Assessment ELE 2 MCAS Participation ELE 3 Initial Identification ELE 4 Waiver Procedures 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 The district assesses the English proficiency of all LEP students annually. The district ensures that all LEP students participate in MCAS, as required. Partial Partial The district assesses levels of English proficiency in reading, writing, and speaking. Staff are appropriately trained to conduct initial assessments using the IPT. The district does not have district-wide procedures for consistently procuring home language surveys. If students identify that English is their primary language, but the home language survey indicates that languages other than English are spoken in the home, the district does not conduct assessments in the required areas. The district does not have district-wide policies and procedures to ensure the timely identification of LEP students. The district does not have comprehensive waiver forms for students 10 years of age and younger. The district will develop and submit district-wide monitoring procedures for procuring home language surveys for all enrolled students. Submit these procedures to the Department by May 23, 2008. The district will assess all students in all required areas. In addition to reading, writing, and speaking, the district must include listening. The district will submit a description of implementation practices and a monitoring plan to ensure that the district is assessing in all required areas by May 23, 2008. The district will develop and submit a local waiver form that contains all required information. Submit this form to the Department by May 23, 2008. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 13 of 16 ELE Criterion Number and Topic ELE 5 Program Placement and Structure Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Partial ELE 6 Program Exit and Readiness Partial ELE 7 Parent Involvement ELE 8 Declining entry to a program ELE 9 Instructional Grouping Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) The district does not have enough teachers trained in the four categories of sheltered English immersion to meet the needs of its low incidence LEP population. The district does not place limited English proficient students in sheltered English immersion classrooms. English instruction is provided by tutors in their native language and a speech language therapist who has had training in three categories of SEI. The district does not ensure that LEP students receive effective content instruction. The district does not have an appropriately licensed staff member licensed in ESL, ELL or TBE to provide English language development instruction, as required by regulation. The district does not have program exit criteria or procedures in place to designate students as formerly limited English proficient. Currently the district does not have any students who will be exiting the ELE program. The district has a small population of LEP students; however, parents of LEP students are included in all matters pertaining to their child’s education. Parent advisory councils are open to parents of LEP students and interpreters are provided when needed. See ELE 10 regarding the parent notification letter. Required Corrective Action, Timelines for Implementation, and Progress Reporting The district will submit a list of LEP students (by initials and grade levels), a staff list indicating SEI training categories that have been completed by grade level, and documentation that all LEP students will receive English language development instruction by an appropriately licensed teacher for the 2008-2009 SY. Submit this information to the Department by May 23, 2008. The district will develop procedures and exit criteria using multiple measures to designate students as formerly limited English proficient. Please refer to http://www.doe.mass.edu/ell/sei/MEPA_guidelines.doc for further guidance on exit criteria. Submit these procedures to the Department by May 23, 2008. See ELE 10. Partial Partial Currently all LEP students receive one on one instruction and the district has procedures in place to ensure that LEP students receive instruction at appropriate academic levels. The district has a low incidence LEP population with only a few students in the program. ESL instruction and proficiency is not based on the English Language Proficiency Benchmarks and Outcomes, but Develop procedures for ensuring that students receive effective English language development instruction based on the English Language Proficiency Benchmarks and Outcomes. Submit these procedures to the Department by May 23, 2008. West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 14 of 16 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 10 Parental Notification Partial ELE 11 Equal Access to Academic Programs and Services ELE 12 Equal Access to Nonacademic and Extracurricular Programs ELE 13 Follow-up Support Partial Partial Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) rather course content proficiency. The district’s parent notification letter is not sent annually and does not contain all required information. Classroom teachers are not sufficiently trained in sheltered English immersion or English language development instruction; therefore, limited English proficient students do not have equal access to the same content standards as their English-speaking peers. See also ELE 5 and ELE 14. The district ensures that all LEP students have equal access to all nonacademic programs and extracurricular activities available to their English-speaking peers. While the district does not have any formerly limited English proficient (FLEP) students at this time, the district does not have a monitoring system in place for students once they have exited the ELE program. Required Corrective Action, Timelines for Implementation, and Progress Reporting The district will develop parent notification letters (in primary languages of the home) that contain the following information: Reasons for identification Level of English proficiency Program placement and method of instruction used in the program How the program will meet the educational strengths and needs of the student. How the program will specifically help the child learn English The specific exit requirements The parents’ right to apply for a waiver or decline to enroll their child in the program. Submit a copy of the revised parent notification letter by May 23, 2008. See ELE 5 and ELE 14 regarding training and licensure requirements. Submit a description of the follow-up procedures for monitoring FLEP students, as well as any forms used to ensure that students are actively monitored for two years. Submit this documentation to the Department by West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 15 of 16 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 14 Licensure Requirements Not Implemented ELE 15 Professional Development Requirements ELE 16 Equitable facilities ELE 17 Program Evaluation Partial Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) The district does not have a staff member appropriately licensed in ESL, ELL or TBE providing English language development instruction. While the district has offered SEI training to staff, there is a lack of staff trained in SEI within the district. (See SE 5). Required Corrective Action, Timelines for Implementation, and Progress Reporting May 23, 2008. Submit the name of the staff providing English language development instruction and a copy of the staff member’s license or appropriate waiver by May 23, 2008. See ELE 5. The district ensures that LEP students are provided facilities, materials, and services comparable to those provided to the overall student population. The district has not had any FLEP students. As a result, at the time of this review, the district did not have the proficiency data of the ELE students available to determine the effectiveness of the program. ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) West Bolyston Public School District Coordinated Program Review Mid-cycle Report February 27, 2008 Page 16 of 16