The 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
March 10, 2009
Dr. Linda Galton, Superintendent
Westport Public Schools
17 Main Road
Westport, MA 02790
Re: Mid-cycle Report
Dear Dr. Galton:
Enclosed is the Department of Elementary and Secondary Education's Mid-cycle Report
based on the Mid-cycle Review conducted in your district in December 2008. In this
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 staff interviews, review of student records, examination of
documentation, and classroom observations.
The Department found one or more of the criteria monitored in your district to be
“Partially Implemented” or “Not Implemented.” In all instances where noncompliance
has been found, the Department has prescribed corrective action for the district that must
be implemented without delay. 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 March 25, 2009.
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
Michelle Griffin at 781-338-3755.
1
Sincerely,
Michelle Griffin, 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
Vani Rastogi-Kelly, Supervisor, Program Quality Assurance Services
Sally Huntington, School Committee Chairperson
Kathleen Ryan, Acting Special Education Director
Encs: Mid-cycle Report
Mid-cycle Progress Report Form
2
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REPORT
WESTPORT PUBLIC SCHOOLS
Dates of the Mid-cycle Review Onsite: December 10, 2008
Date of this Report: March 10, 2009
PLEASE NOTE THAT THIS REPORT IS IN TWO SECTIONS.
Core Special Education Criteria Cited in CPR Report and Monitored in this Mid-cycle Review
(These criteria are marked with a triple asterisk (***) in the Mid-cycle Review Information Package and in the School
District Information Package for Special Education.)
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

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
***SE 20
Least
restrictive
program
selected
PI
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
Record
Review
Record review and
interviews indicate that
students in
substantially separate
programs at the high
school have
opportunities to
interact with their
peers and to be
involved in the life of
the school. Students
Conduct a programmatic review of
the opportunities for students to be
educated in the least restrictive
environment at the elementary
level.
Provide a summary of the
outcomes of a programmatic
review of the least restrictive
environment opportunities at
the elementary level, and a
plan for changes to be made in
response to the report by May
6, 2009.
Interviews
Documentation
Train staff responsible for writing
IEPs on the appropriate completion
of non-participation justification
statements.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 1 of 14
Provide agenda, signed
attendance sheets (indicating
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
participate in electives,
daily school breaks and
field trips, as well as
some class
presentations and
academic classes with
non-disabled peers.
Develop an internal oversight and
tracking system to ensure that nonparticipation justification
statements are individualized, and
develop a report of the review of
student records regarding nonparticipation justification
statements.
Interviews indicate that
students in the
substantially separate
program at the
elementary school
continue to have
limited opportunities
for inclusion in
academic classes with
non-disabled peers.
This is an area of
continuing noncompliance.
Record review
indicates that nonparticipation
justification statements
are not individualized.
This is an area of
continuing noncompliance.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 2 of 14
(b) Progress Report Due
Date(s) and Required
Elements
role of staff) and training
materials for staff training on
writing non-participation
justification statements by
May 6, 2009.
Submit a description of the
internal oversight and tracking
system for non-participation
justification statements,
including person(s) responsible
for the oversight, by May 6,
2009.
Submit a description of the
steps taken since the evaluation
at the elementary level to
ensure that students are
educated in the least restrictive
environment. Submit this
description by October 2,
2009.
Submit a report of the internal
review of non-participation
justification statements that
includes:
 Number of records
reviewed;
 Number of records that
included individualized non-
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
participation justification
statements;
 A description of the root
causes for non-compliance;
and
 Specific actions taken by the
district to remedy any
noncompliance found.
Submit this report by October
2, 2009.
***SE 22
IEP
implementation and
availability
Record review

Interviews
Documentation
Interviews indicate that
each teacher and
provider described in
the IEP is informed of
his or her specific
responsibilities related
to the implementation
of the student’s IEP
and the specific
accommodations,
modifications, and
supports that must be
provided for the
student under it, and
that the district does
not delay
implementation due to
lack of staff or
personnel. Interviews
indicate that IEPs are
not implemented until
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 3 of 14
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
after parental consent
is signed.
***SE 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
(some of
the issues
cited under
SE 18B in
the CPR
report are
currently
found in
SE 24)
PI
Record review
Record review indicates
that written notices do
not contain sufficient
content. In some cases,
the notices were not
individualized. In others,
the notices did not
answer all required
questions.
This is an area of
continuing
noncompliance.
Train all staff responsible for
completing written notices (N1 and
N2) on appropriate completion of
notices, including the need for
individualized content.
Develop an internal oversight and
tracking system to ensure that
notices are provided when
required, and that notices contain
appropriate content. Conduct a
review of the records of students
who had initial, annual review, and
re-evaluation Team meetings since
the date of the training.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 4 of 14
Provide agenda, signed
attendance sheets (indicating
role of staff) and training
materials by May 6, 2009.
Submit a description of the
district’s internal oversight and
tracking system, including
person(s) responsible for the
oversight by May 6, 2009.
Provide the report of the
review by October 2, 2009.
As to the review, provide the
following information:
 Number of records in which
notices N1 or N2 were found
accompanying proposals or
refusals;
 Number of records in which
notices were appropriately
completed;
 Root causes of any
inappropriately completed
notices; and
 Specific actions taken by the
district to remedy any areas
of non-compliance.

Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
***SE 25
Parental
consent
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
Record review
Interviews and
documentation indicate
that the district has
provided training to
staff on the
requirements of this
criterion. The district
does have a tracking
form for completion of
assessments; however,
this form does not
reference the
educational assessment
part A.
Modify the tracking form so that
both educational assessments (part
A and B) are listed and may be
tracked.
Provide a copy of the new
tracking form by May 6, 2009.
PI
Interviews
Documentation
Record review
indicates that the
district does not always
conduct all optional
and required
assessments consented
to, in particular the
educational
assessments part A and
B. In addition,
assessments are at
times completed before
a parent has provided
consent. This is an
area of continued noncompliance.
Train staff responsible for
completion of the educational
assessments part A and B on the
timely completion of these
assessments. Also provide training
on requirements related to parental
consent.
Develop procedures for staff to
follow if a parent does not check
off the decision with regard to the
acceptance or rejection of an IEP.
Develop an internal oversight and
tracking system to ensure that all
consented-to assessments have
been conducted and to ensure that
assessments are not completed
prior to receipt of parental consent.
Conduct an internal review of
records with regard to these
requirements.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 5 of 14
Provide agenda, signed
attendance sheets (indicating
role of staff) and training
materials by May 6, 2009.
Provide the procedures for staff
to follow if a parent does not
check off the decision with
regard to the acceptance or
rejection of an IEP. Indicate
how staff have been informed
of these procedures by May 6,
2009.
Submit a description of the
internal oversight and tracking
system to ensure that all
consented-to assessments have
been conducted and that
assessments are not completed
prior to receipt of parental
consent. Include the person(s)
responsible for the oversight,
by May 6, 2009.
Conduct an internal review of
student records and report on:
 Number of records
Criterion
***SE 32
Parent
advisory
council for
special
education
Criterion
Implemented

√
Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
Documentation
Interviews
Basis of
Determination about
Criterion
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
Record review
indicates that parents
do not always check
off their decision with
regard to acceptance or
rejection of an IEP
when they sign it, and
the district does not
follow up to obtain the
parents’ decisions in
this regard.
Interviews and
documentation indicate
that the school district
has established a
district-wide special
education parent
advisory council. The
district informs parents
of disabled students
about the PAC and it
has, by way of a
survey, sought input
from parents in the
planning, development,
and evaluation of the
school district’s special
education programs.
Interviews indicate that
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 6 of 14
(b) Progress Report Due
Date(s) and Required
Elements
reviewed;
 Number in compliance with
consented-to assessments
having been completed;
 Root causes of any
noncompliance; and
 Specific corrective action
take to remedy any
noncompliance found.
Submit this report by October
2, 2009.
Criterion
Criterion
Implemented

√
Documentation
Record review
***SE 37
Procedures
for
approved
and
unapproved
Method(s) of
Investigation
Interviews
***SE 34
Continuum
of
alternative
services
and
placements
Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
√
Documentation
Interviews
Basis of
Determination about
Criterion
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
the school district
conducts, in
cooperation with the
parent advisory
council, at least one
workshop on the rights
of students and their
parents and guardians
under the state and
federal special
education laws.
Documentation and
interviews indicate that
the district offers a few
vocational education
oriented courses to all
students at the high
school, and that these
are open to disabled
students. The district
works with outside
agencies in order to
meet the needs of the
students with the most
severe disabilities at
the high school.
Documentation, record
review and interviews
indicate that the district
periodically monitors
the placements of
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 7 of 14
(b) Progress Report Due
Date(s) and Required
Elements
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
Method(s) of
Investigation
out-ofdistrict
placements
***SE
52A
Interviews
√
Registration of
educational
interpreters
***SE 55
Special
education
facilities
and
classrooms
Documentation
√
Observation
Interviews
Basis of
Determination about
Criterion
If Partially Implemented or Not
Implemented:
(a) Required Corrective
Action and
Timelines for
Implementation
students in out-ofdistrict programs.
Monitoring plans are
made part of the
contracts with the out
of district placements.
Interviews and
documentation indicate
that the district is
aware of the
requirements of this
criterion, but does not
currently enroll any
students who require
sign language
interpretation.
Observation and
interviews indicate that
the classroom to which
the high school PASS
program is assigned is
adequate in size for the
number of students
who currently attend
PASS classes.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 8 of 14
(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
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
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 9 of 14
(b) Progress Report Due
Date(s) and Required
Elements
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
SE 7
Method(s) of
Investigation
Basis of Determination
about Criterion
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Record review
Documentation indicates
that training was held in
2008 concerning these
requirements and
concerning new forms
that the district created
in order to comply.
Forms, however, do not
indicate that the choice
to share decisionmaking need be made in
the presence of the
Team.
Revise the forms so that they are
consistent with 603 CMR
28.07(5)(a)-(c).
Record review indicates
that the district does not
always inform the
student at least one year
prior to the student
reaching 18 of the right
at age 18 to make all
decisions in relation to
special education
programs and services.
Conduct an internal review of the
IEPs and records of students who
turned age 17 after the training.
PI
Age of
Majority
Documentation
Train high school special education
staff on the requirements of 603
CMR 28.07(5) and on the use of
the revised district forms.
Develop an internal oversight and
tracking system to ensure
appropriate implementation of all
requirements of this criterion.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 10 of 14
(b) Progress Report Due
Date(s) and Required
Elements
Provide a copy of the new
form by May 6, 2009.
Provide agenda, signed
attendance sheets (indicating
role of staff) and training
materials by May 6, 2009.
Provide the description of the
district’s internal oversight
and tracking system and the
name of the person(s)
responsible for the oversight
by May 6, 2009.
As to the review, provide the
following:
 Number of records of
students age 17 reviewed.
 Number of records of 17
year old students in which
students were informed
that the parental rights
would transfer to them one
year prior to their
eighteenth birthday.
 Root causes of any
identified non-compliance.
 Specific actions taken by
the district to remedy any
areas of non-compliance.
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
Submit this review to the
Department by October 2,
2009.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 11 of 14
Criterion
Criterion
Implemented

Criterion
Partially
Implemented
(PI) or Not
Implemented
(NI)
SE 9
Method(s) of
Investigation
Basis of Determination
about Criterion
If Partially Implemented or Not
Implemented:
(a) Required Corrective Action
and Timelines for
Implementation
Record review
Record review and
interviews indicate that
the district does not
always meet the timeline
for determination of
eligibility. The district
has developed an
internal oversight and
tracking system for
monitoring these
timelines. Internal
monitoring will be
completed and timelines
will be updated daily by
the director.
Conduct a review of the records of
all district students who were
referred for an evaluation or reevaluation since January 2009.
Identify the individual cases in
which timelines were not met, the
root causes for timelines not being
met, and specific actions the
district has taken to address the
noncompliance.
PI
Timeline for
determination
of eligibility
and provision
of documentation to parent
Interviews
This is an area of
continuing noncompliance.
Record review
SE 12
PI
Documentation
Frequency of
re-evaluation
Record review indicates
that the district does not
always conduct reevaluations every three
years. This is an area of
continuing noncompliance.
The interim director
recently met with staff
Conduct a review of the records of
all students who were due for reevaluations since January 2009.
Identify the individual cases in
which re-evaluation timelines were
not met, the root causes for
timelines not being met, and
specific actions the district has
taken to address the
noncompliance.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 12 of 14
(b) Progress Report Due
Date(s) and Required
Elements
Conduct an internal review
and provide the following
information:
 Name and role of staff
completing review;
 Number of records
reviewed;
 Number of records in
which the Team met and
developed an IEP and
placement within 45
school working days of
consent;
 Root causes of any
identified non-compliance;
and
 Specific actions taken by
the district to remedy any
areas of non-compliance.
Submit the report by May 6,
2009.
As to the review, provide the
following information:
 Name and role of staff
completing review;
 Number of records
reviewed;
 Number of records found in
compliance with reevaluation timelines;
 Root causes of any
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
concerning this issue
and the district has
developed an internal
oversight and tracking
system for monitoring
these timelines. Internal
monitoring will be
completed and timelines
will be updated daily by
the director.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 13 of 14
(b) Progress Report Due
Date(s) and Required
Elements
identified non-compliance;
and
 Specific actions taken by
the district to remedy any
areas of non-compliance.
Provide the report by May 6,
2009.
Criterion
SE 18B
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
Record review
Record review and
interviews indicate that
the district continues to
struggle with providing
the IEP and placement
immediately following
development. While
some records contained
summaries of the
agreements reached in
the meeting, this was not
consistent, and most
IEPs were not provided
to the parent in a timely
manner. In addition,
placement pages were
not always found in
student records.
Develop an internal oversight and
tracking system to monitor
compliance with the requirements
of this criterion.
PI
Interviews
Determination
of placement;
provision of
IEP to parent
Documentation
Conduct a review of the records of
all students for whom Team
meetings were held since January
2009. Identify the individual cases
in which IEPs were not provided
immediately (including the
provision of the summary of
agreements and/or the provision of
the actual IEP), the root causes for
the immediate provision not being
met in individual cases, and
specific actions taken by the
district to address the
noncompliance.
Documentation and
interviews indicate that
the interim director has
recently met (in
September and
December 2008) with
teachers and staff
concerning the use of
the Team meeting
summary.
Westport Public Schools Coordinated Program Review Mid-cycle Report
March 10, 2009
Page 14 of 14
(b) Progress Report Due
Date(s) and Required
Elements
Provide the description of the
district’s internal oversight
and tracking system,
including the person(s)
responsible for the oversight
by May 6, 2009.
As to the review, provide the
following information:
 Name and role of staff
completing review;
 Number of records
reviewed;
 Number of records in
which a summary was
provided to parents at the
end of the meeting;
 Number of records in
which the IEP was
proposed immediately
following the meeting;
 Root causes of any
identified non-compliance;
and
 Actions taken by the
district to remedy any areas
of non-compliance.
Provide a report of the
internal review by October
2, 2009.
MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
MID-CYCLE REVIEW
School District: WESTPORT PUBLIC SCHOOLS
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
350 Main Street
Malden, MA 02148-5023