COORDINATED PROGRAM REVIEW MID-CYCLE REPORT Charter School or District: West Bridgewater MCR Onsite Dates: 03/21/2012 Program Area: Special Education Mitchell D. Chester, Ed.D. Commissioner of Elementary and Secondary Education COORDINATED PROGRAM REVIEW MID-CYCLE REPORT SE Criterion # 7 - Transfer of parental rights at age of majority and student participation and consent at the age of majority Rating: Implemented Basis for Findings: A review of student records and interviews with staff members indicated that the district consistently notifies students and parents of the transfer of rights one year prior to the student reaching the age of majority. Notices explicitly state that all rights accorded to parents under special education law will transfer to the 18 year old. Upon reaching 18, the district procures consent from students to continue their special education program. SE Criterion # 8 - IEP Team composition and attendance Rating: Implemented Basis for Findings: A review of student records and interviews with staff members demonstrated that the district consistently has all required IEP Team members in attendance or written excusals documenting that the parent agreed that attendance of the absent IEP Team member was not necessary. In instances when a required Team member is absent, the records showed that they consistently provide written input for the development of the IEP. SE Criterion # 9 - Timeline for determination of eligibility and provision of documentation to parent Rating: Implemented Basis for Findings: A review of student records showed that the district is completing evaluations within 30 school working days of receipt of the parent's written consent to a proposed initial evaluation or re-evaluation. SE Criterion # 14 - Review and revision of IEPs Rating: Implemented Basis for Findings: A review of student records indicated that the district consistently convenes a Team meeting on or before the anniversary date of the IEP to review the student's progress and to review, revise or develop a new IEP. The student Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 2 of 8 SE Criterion # 14 - Review and revision of IEPs record review and interviews also indicated that the district does not use IEP amendments to extend the dates of an IEP beyond one year. SE Criterion # 18A - IEP development and content Rating: Partially Implemented Basis for Findings: A review of student records indicated that the IEP Team does not consistently consider and specifically address in the IEP the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing when a student is identified with a disability that affects social skills development, when the disability makes him or her vulnerable to bullying, harassment, or teasing, or when the student is identified with a disability on the autism spectrum. Department Order of Corrective Action: For those students whose records were identified by the Department, please reconvene the Team to consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. The district must provide training for Team chairs to address the skills and proficiencies to respond to bullying, harassment or teasing for students on the autism spectrum, students with disabilities that need social skills development or other vulnerable students. Please see www.doe.mass.edu/sped/ advisories/11_2ta.html. Further, the district must develop an internal oversight and tracking system to ensure that for students on the autism spectrum or those that with a disability that make them vulnerable to bullying, harassment or teasing, that the IEP contains information regarding skills and proficiencies to address bullying, harassment and teasing. The district must conduct an analysis of student records of students whose IEPs were developed as a result of Team meetings held after implementation of all corrective actions. *Please note when conducting administrative 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; b) Date of the review; c) Name of person(s) who conducted the review, with their role(s) and signature(s). Required Elements of Progress Reports: For student records identified by the Department, submit evidence that the Team has reconvened to consider and address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing by October 5, 2012. Submit evidence of training related to addressing bullying and harassment which will include but not be limited to a training agenda, attendance sheet (including Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 3 of 8 SE Criterion # 18A - IEP development and content name and role) and copies of the materials presented. Also, please submit the description of the internal oversight and tracking system and identify the person(s) responsible for the oversight, including the date for the system's implementation by October 5, 2012. Provide the results of the administrative review of student records of students whose IEPs were developed as a result of Team meetings held after implementation of all corrective actions. Indicate the number of records reviewed, the number found to be compliant, an explanation of the root cause for any continued noncompliance, and a description of additional corrective actions to be taken by the district to address any identified noncompliance by February 7, 2013. SE Criterion # 20 - Least restrictive program selected Rating: Implemented Basis for Findings: A review of student records demonstrated that the non-participation justification statement in IEPs of students in out-of-district placements explain why the removal is considered critical to the student's program and the basis for the Team's conclusion that the education of the student in a less restrictive environment, with the use of supplementary aids and services, could not be achieved satisfactorily. SE Criterion # 24 - Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Rating: Partially Implemented Basis for Findings: A review of student records indicated that when a parent requests an evaluation, the information included in the narrative description of the Notice of Proposed School District Action (N1) does not consistently address all the guiding questions. Specifically they do not include all of the following: a description of the action proposed or refused by the school; an explanation of why the school proposed or refused to take the action; a description of any other options the school considered and the reasons why those options were rejected; a description of each evaluation procedure, test, record, or report the school used as a basis of the proposed action; a description of any other factors that were relevant to the school's proposal. Department Order of Corrective Action: The district in response to their WBMS self evaluation analyzed the information included in the N1 forms and has established the root cause for the non compliance. Based on this root cause analysis, the district must indicate the specific corrective actions that have been taken to remedy the non-compliance. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 4 of 8 SE Criterion # 24 - Notice to parent regarding proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE Develop an internal oversight and tracking system to ensure that page 2 of the N1 form is appropriately completed. The tracking system should include supervisory oversight prior to sending the N1 form to the parent and periodic reviews to ensure compliance. Develop a report of the results of an internal review of student records from all grades in which an N1 form was written to propose an initial evaluation since the implementation of all of the district's corrective actions for evidence of compliance with responding to all of the questions on page 2 of the N1 form. 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; (b) Date of the review; (c) Name of person(s) who conducted the review, with their role(s) and signature(s). Required Elements of Progress Reports: Submit a detailed narrative description of the result of the root cause analysis as well as the corrective action steps taken to by the district to remedy the noncompliance. Please be sure to indicate the person(s) responsible by name and role and a timeline for implementation of the corrective action steps. Please submit this to the Department by October 5, 2012. Provide the results of the administrative review of student records. Indicate the number of records reviewed, the number found to be compliant, an explanation of the root cause of any continued noncompliance, and a description of additional corrective actions to be taken by the district to address any identified noncompliance by February 7, 2013. SE Criterion # 25 - Parental consent Rating: Implemented Basis for Findings: Interviews with staff members demonstrated that the district has procedures in place to address when a parent revokes consent to special education services in writing. Specifically, that when a parent revokes consent in writing to special education services, the district would provide written notice to the parent of the district's 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 right to procedural safeguards. The district would provide notice within a reasonable time before it intended to discontinue services. District 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. At the time of the review no parents have revoked consent for services. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 5 of 8 SE Criterion # 26 - Parent participation in meetings Rating: Implemented Basis for Findings: The district provided the student roster documentation required by the Department. SE Criterion # 37 - Procedures for approved and unapproved out-ofdistrict placements Rating: Implemented Basis for Findings: The student record review indicated that the records of students in out-of-district placements contained monitoring plans and documentation of actual monitoring. SE Criterion # 46 - Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district Rating: Partially Implemented Basis for Findings: A review of district documentation revealed that the student code of conduct contained in handbooks at the elementary level does not have appropriate procedures regarding the discipline of students with special needs and students with Section 504 Accommodation Plans that are consistent with Federal Requirements (IDEA-97) 34 CFR 300.530-537. Specifically, the information in the handbook incorrectly states that the student's IEP must be amended to provide appropriate special education during the time of suspension and that, if a parent does not accept the amended plan, the school system is under no obligation to provide alternative services to a suspended student. Department Order of Corrective Action: The district must revise the student code of conduct distributed at the elementary school level to ensure that the procedures regarding the discipline of students with special needs and students with Section 504 Accommodation Plans are consistent with all aspects of IDEA-97 34 CFR 300.530-537. Once the revision is complete incorporate the revised student code of conduct into the elementary level handbooks and develop a plan to disseminate the revised plan to all staff and families. Provide training to the principals, Team Chairs and special education teachers at the elementary level on the correct procedures regarding the discipline of Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 6 of 8 SE Criterion # 46 - Procedures for suspension of students with disabilities when suspensions exceed 10 consecutive school days or a pattern has developed for suspensions exceeding 10 cumulative days; responsibilities of the Team; responsibilities of the district students with disabilities. Required Elements of Progress Reports: Submit the revised code of conduct containing the correct information regarding the discipline of students with disabilities. Submit the elementary level handbooks for the 2012-2013 school year containing the revised information. Please be sure to indicate the timeline for dissemination and indicate the person(s) responsible by name and role. Submit this to the Department by October 5, 2012. Provide evidence that principals, Team Chairs and SPED teachers at the elementary level have been trained on the correct procedures regarding the discipline of students with disabilities which will include the training agenda, attendance sheet (including names and roles) and copies of the material presented. Provide this to the Department by February 7, 2013. SE Criterion # 48 - FAPE (Free, appropriate, public education): Equal opportunity to participate in educational, nonacademic, extracurricular and ancillary programs, as well as participation in regular education Rating: Implemented Basis for Findings: A review of student records, district documentation and interviews with staff members indicated that 7th and 8th grade students with disabilities have the same equal access to art, music, physical education and computer classes as their general education peers. SE Criterion # 53 - Use of paraprofessionals Rating: Implemented Basis for Findings: Interviews with staff members and a review of district documentation demonstrated that paraprofessionals do not provide special education services without the supervision of an appropriately certified or licensed professional. SE Criterion # 55 - Special education facilities and classrooms Rating: Implemented Basis for Findings: On site observations and interviews with staff members indicated that the space used for counseling by the READS Collaborative Program at West Bridgewater Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 7 of 8 SE Criterion # 55 - Special education facilities and classrooms High School is equal in physical respects to the average standards of the general education facilities. Services are no longer provided in a large space off of the cafeteria that did not lend itself to confidentiality. Specifically, interviews and observations showed that counselors have access to an appropriate space that has been set aside for the READS Collaborative Program's exclusive use. Massachusetts Department of Elementary & Secondary Education – Program Quality Assurance Services West Bridgewater Mid-Cycle Report - 06/04/2012 Page 8 of 8