The Commonwealth of Massachusetts Department of Education 350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 338-3700 TTY: N.E.T. Relay 1-800-439-2370 May 9, 2007 James Marini, Superintendent Winchester Public Schools 154 Horn Pond Brook Road Winchester, MA 01890 Re: Mid-cycle Coordinated Program Review Report March ‘07 Dear Dr. Marini: Enclosed is the Department of Education's Mid-cycle Coordinated Program Review Report (MidCycle Report). This report contains findings based on onsite monitoring conducted to verify the implementation and effectiveness of corrective action approved or ordered by the Department to address findings of noncompliance included in the Winchester Public Schools Coordinated Program Review Report issued on June 25, 2004. 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. Another component of the Department’s Mid-cycle Review is the review of your school district or charter school's self-assessment in the area of English learner education (ELE). (In the remainder of this letter, please read “district” as meaning “school district or charter school.”) The purpose of this review is to determine whether your district is implementing the significant changes in M.G.L. Chapter 71A, governing the education of limited English proficient students, that were adopted by voters by means of Question 2 in 2002. The Department has reviewed your district’s ELE self-assessment (documentation and any written analysis of compliance) and, based solely on that self-assessment, is providing you in this report with findings on your ELE program and the corresponding corrective action to be implemented. Your district is urged to request technical assistance in relation to any of these findings or this prescribed corrective action from me or from staff in the Department’s Office of Language Acquisition and Achievement at 781338-3534. ELE guidance documents are available on the Department’s website at http://www.doe.mass.edu/ell/ . While the Department of Education found your district to have resolved certain noncompliance issues, others were partially corrected or not addressed at all, or the Department’s onsite team identified new issues of noncompliance, either noncompliance with special education criteria added or substantially changed in response to IDEA 2004, noncompliance with ELE criteria, or other new noncompliance. Where the district has failed to implement its approved Corrective Action Plan, the Department views these findings to be serious. 1 In all instances where noncompliance has been found, the Department has prescribed corrective action for the district that must be implemented without delay. You will find these requirements for corrective action included in the attached 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. You must submit your statement of assurance to me by May 31, 2007. 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 781-338-3703. Sincerely, Dean Paolillo, Mid-cycle Review Chairperson Program Quality Assurance Services Darlene A. Lynch, Director Program Quality Assurance Services c: David P. Driscoll, Commissioner of Education Sarah Swiger, School Committee Chairperson Linda Stapp, District Program Review Follow-up Coordinator Marc Kerble, District Program Review Follow-up Coordinator Encl.: Mid-cycle Coordinated Program Review Report Mid-cycle Cover Letter 2007.doc Rev. 11/14/06 2 MASSACHUSETTS DEPARTMENT OF EDUCATION MID-CYCLE COORDINATED PROGRAM REVIEW REPORT Winchester Public Schools ONSITE MONITORING OF IMPLEMENTATION OF CORRECTIVE ACTION AND OF CERTAIN NEW REQUIREMENTS Date of Coordinated Program Review (CPR): January 12, 2004 Date of Coordinated Program Review Corrective Action Plan Approval: September 24, 2004 Dates of Corrective Action Plan Progress Reports: January 10, 2005 Dates of this Mid-cycle Review Onsite Visit: March 7& 8, 2007 Date of this Report: May 7, 2007 PLEASE NOTE THAT THIS REPORT IS IN SEVERAL SECTIONS. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 1 of 19 Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 Educational status assessments (Educational Assessment Part A) are not always completed as part of the student’s initial evaluation The district will conduct a record review of initial evaluations to ensure Educational Assessments (part A) are included as part of the assessment to determine eligibility. The district will review the period between May 1, 2007 through September 30, 2007 and report the results of its Special Ed. Criteria Cited in CPR Report and Monitored in Mid-cycle MOA 4 Disproportionality (if Cited in the CPR Report) SE 1 Assessments This criterion was not cited in the Coordinated Program Review report. Student Record Review & Interviews The review of evaluations in the student records indicated that district personnel document the student’s ability to progress in the general education setting. New Issue Identified Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 2 of 19 Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 record review and the corrective action taken as part of its progress report due October 2, 2007. SE 2 Required and Optional Assessments Student Record Review & Interviews Education status assessments (part B) were documented in those records in which the district conducted the evaluation of the student. A notable exception was found in record(s) in which the student had moved into the district and was not scheduled for a reevaluation. Statutory requirements for the determination of specific learning disabilities have been revised under the recently reauthorized IDEA 2004. Therefore, the Department is not making findings related to school district practices under Criterion SE 3. For districts seeking to resolve a previous finding in this area, the Department will extend the date required for final actions on the part of the SE 3 SLD Determination Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 3 of 19 Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 school district and will consider resolution following the issuance by MA DOE of guidance regarding the implementation of related federal regulations. Student Record Review SE 4 Report of Assessment Results New Issue Identified The review of student evaluations indicated that in a few instances, evaluators deferred making recommendations to the discussion in the Team meeting and did not document their recommendations in the evaluation summary. SE 18A IEP Development Student Record Review & Interviews The review of IEPs developed by school personnel indicates that the IEPs report on the student’s ability to access the general curriculum and how the disability of the student impacts the student’s progress within the general curriculum. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 4 of 19 The district will review the requirements of the summary report with all persons responsible for reviewing the summary reports prior to the release of the reports to parents. The training agenda and attendance sheet will be provided to the Department by October 2, 2007. Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 New Issue Identified N1 notices that accompany proposed IEPs do not always fully address the key questions. In some instances, parental commentary indicated disagreement with the Team over rejected options; however, the N1 notices stated that there were no options rejected by the Team. The district will review the content requirements of N1 notices with all staff members responsible for the completion of N1 or N2 notices. The training agenda and attendance sheet will be provided to the Department for verification. The corrective action is due October 2, 2007. New Issue Identified The student record review indicated that the Team did not always document that the parent did not require translated The district will review this finding with all of the district’s chairpersons. The district will provide the Department with a copy of SE 18 B Placement Student Record Review & Interviews Parents sign the IEP placement pages. IEPs document the parental concerns. Staff interviews indicated that parents have input into the development of the IEP. SE 24 Notices SE 29 Communications Student Record Review & Interviews Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 5 of 19 Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 documentation when the home language was other than English but the parent was fluent and literate in English (i.e. a bi-lingual or multi-lingual household). its memo to school personnel regarding this issue. A copy of the memo must be provided to the Department by October 2, 2007. Placement agreements are contained in the student record, however, description of its onsite monitoring activities and documentation of the district’s onsite monitoring activities are not contained in the student record. The district will train the out-of-district chairperson(s) regarding the onsite out-ofdistrict monitoring requirements. The district will provide the Department with documentation of its training activities, including the agenda by October 2, 2007. SE 34 Continuum Documentation Review SE 37 Out-of-District Student Record Review & Interviews The district has a continuum of programs and services to address the majority of student needs. Partial Implementation of the corrective action SE 48 FAPE Interviews The district remedied accessibility to music and library activities for preschool students at the Lynch School. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 6 of 19 Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 review of district documentation and interviews indicated that while a program evaluation process was developed corresponding to the district’s corrective action plan submitted to the Department, the program evaluation activities were not implemented. The district will identify to the Department how it intends to evaluate its special education programs, who will participate in the evaluation process and the person(s) responsible for ensuring the district’s programs are evaluated and how the evaluation results will be used by the district to implement program SE 50 DCAP Documentation Review The district has a District Curriculum Accommodation Plan (DCAP) and has actively trained its teaching personnel on the content and implementation of the DCAP. Documentation Review The district has actively trained its paraprofessionals and classroom assistants to facilitate inclusion practices. SE 54 Professional Development SE 55 Facilities SE 56 Program Evaluation Documentation & Interviews The district is addressing its clustering of special education programs at the Lynch School by distributing programs throughout the district’s schools. Documentation Review & Interviews Corrective Action Not Fully Implemented Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 7 of 19 Criterion Number/Topic (Refer to full text of 2006-2007 CPR requirements) Approved Corrective Action Implement ed and Effective Method(s) of Verification Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 changes if necessary. The corrective action is due October 2, 2007. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 8 of 19 Criterion Number and Topic Criterion Implemented Method(s) of Verification 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 Partially Implemented Student Record Review Vision statements for students provided specific detail for students transitioning from high school. Partially Implemented A review of student records indicated that the required transition-planning chart was not always used by district personnel and kept in the record with the student’s IEP. More recent IEP Team meetings indicated more consistent use of the transition-planning chart. Please note that consistent with the recently enacted IDEA 2004 regulations, the transitionplanning chart will become a mandated form, which should be maintained with the student’s IEP. Refer to Administrative Advisory SPED 2007-1 for guidance. The Department has revised this form, please check the Department’s Special Education website for the updates. Please review the new requirements for transition planning and services with appropriate staff. No additional progress report is required. Student Record Review, Documentation & Interviews Team attendance sheets within the student records examined indicated that required Team members attend the Team meeting. District case managers are trained to ensure the participation of required Special Education Criteria created or revised in response to IDEA-2004 SE 6 ##1 - 3 Determination of Transition Services SE 8 IEP Team composition and attendance Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 9 of 19 participants. Efforts to coordinate participation are supported by the building principals. The district has developed an “exception for attendance of required Team members” form that requires parental consent in the event that such an occurrence requires the parental pardon of a Team member’s participation. SE 12 Frequency of re-evaluation SE 13 Progress Reports and content Student Record Review Student Record Review The review of student records indicated that re-evaluations are conducted at least every three years. Partially Implemented Progress reports are not always developed and provided consistent with the report card cycle. Progress reports within the cycle were missing. Progress reports were not always maintained in the student record for each of the student’s IEP goals. In a few instances, progress reports across all levels did not address whether the student would meet the annual goals by the end of the school year. Progress reports demonstrated an inconsistency of practice in this regard. Furthermore, some progress reports were not dated or numbered, making it difficult to confirm the sequence of the progress reporting. Student records and staff interviews indicated that a summary of Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 10 of 19 Please note that recently enacted IDEA 2004 regulations have now changed the content requirements for IEP progress reports. Refer to Administrative Advisory 2007-1 for guidance. The Department has changed the progress report form and it is now available on the Department’s special education website. Please review the new requirements with all appropriate staff. Please review the new progress report requirements with staff. Please provide the district’s written assurance that the review of progress report requirements has occurred with all applicable staff. The written assurance is due October 2, 2007. academic achievement with recommendations on how the student can achieve his or her postsecondary goals is not kept in the record upon the student’s graduation from high school. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 11 of 19 Criterion Number and Topic Criterion Implemented Method(s) of Verification Basis of Determination that Criterion was Implemented Student Record Review The review of student records indicated that a substantial number of records had an annual review prior to the anniversary date of the IEP. In only a few instances were annual reviews held after the anniversary date. These few records indicated that the meeting was held within two to three weeks of the anniversary date. These few instances were not sufficient to suggest systemic noncompliance with this standard. Documentation Review & Interviews The district has indicated no agreements to waive resolution sessions have been entered by the district since July 2006. The district indicates that only one mediation session has been necessary since July 2006. Student Record Review, Documentation Review & Interviews The district uses special educators, classroom based assistants to facilitate student involvement in the general education setting. District curriculum is based upon the state curriculum frameworks and provided to all students with SE 14 Review and revision of IEPs SE 25B Resolution of disputes Criterion Determined to be Partially Implemented or Not Implemented Basis of Determination that Criterion was Partially Implemented or Not Implemented SE 33 Involvement in the General Curriculum Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 12 of 19 Required Corrective Action, Timelines for Implementation, and Progress Reporting disabilities. SE 39A Procedures for services to eligible private school students whose parents reside in the district Documentation Review District documentation and interviews indicate that the district evaluates private school students who reside in district and makes services available to those students found eligible for special education services. Documentation Review & Interviews The district does not have students in private schools whose parents reside out of state at this time. (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 (SE 39B does not apply to charter schools or vocational schools) SE 46 Procedures for suspension of Student Record Review & Documentation New Issue Identified The school handbook(s) do not make reference to the specific requirements for the Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 13 of 19 The district should revise the language in its school handbooks and its administrative policies to students with disabilities more than 10 days Review procedures for suspending students with disabilities. The policies and administrative regulations approved by the school committee make reference to Chapter 766 section 333. The cited Chapter 766 regulations have been obsolete since the adoption of 603 CMR 28.00 numbering system. While some elements of the district’s local policies still conform to the requirements with IDEA 2004, the district must endeavor to ensure its all local, written policies are consistent with current federal and state requirements and reference current federal regulation. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 14 of 19 reflect the current requirements under IDEA 2004. The revised policies must be submitted to the Department by June 10, 2007. Criterion Number/Topic (Refer to full text of 20062007 CPR requirements) Approved Corrective Action Implemented and Effective Method(s) of Verification Yes Documentation Review & Interview(s) Basis of Determination that Corrective Action was Implemented and has been Effective Corrective Action Not Implemented 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 Civil Rights (MOA) and Other General Education Requirements MOA 1 Identification of LEP Please see ELE 1 and ELE 3 below. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 15 of 19 Required Corrective Action, Timelines for Implementation, and Progress Reporting Requirements Winchester Public Schools 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 Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 1 Annual Assessment Yes ELE 2 MCAS Participation Yes ELE 3 Initial Identification Yes ELE 4 Waiver Partially Implemented Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) The district indicated that, as a low incidence district, this standard does not apply to Winchester Public Schools. M.G.L. c 71A, section 5 Required Corrective Action, Timelines for Implementation, and Progress Reporting The district will develop a waiver procedure consistent with the requirements of this criterion. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 16 of 19 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment Procedures ELE 5 Program Placement and Structure Partially Implemented ELE 6 Program Exit and Readiness Yes ELE 7 Parent Involvement Partially Implemented ELE 8 Declining 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 and the regulations under 603 CMR 14.04(3) do not exempt district from developing waiver procedures because the district is a “low incidence” district. The district will submit its waiver procedures to the Department by October 2, 2007. The district’s provision of services currently consists of tutorial pullout sessions provided by ELL tutors for English Language Development (ELD). Currently, only two of the tutors are licensed as ESL teachers. Two others are in the process of obtaining licensure from the Department of Education. The district does not have Sheltered English Immersion (SEI) classrooms. The district is planning professional development workshops for the summer of 2007 to provide classroom teachers with training in SEI methodology. The district will demonstrate full licensure of the ELL tutors as ESL teachers. The district will submit copies of the teacher licensures by October 2, 2007. The district will identify the SEI training and the staff participants by level (i.e. elementary, middle and high school) to the Department by October 2, 2007. The district provided information on how it reaches out to parents to include parents in the educational experience of their children, however, all the documents provided to parents are in English and not the language of the home. The district must translate the information provided to parents of LEP students when required. Samples of translated materials will be provided to the Department by October 2, 2007. Yes Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 17 of 19 ELE Criterion Number and Topic 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 Entry to a Program ELE 9 Instructional Grouping Yes ELE 10 Parental Notification Partially Implemented ELE 11 Equal Access to Academic Programs and Services Yes ELE 12 Equal Access to Nonacademic and Yes The parent notification letter used by the district does not contain all the elements required of this criterion. Specifically, its does not indicate the basis for the student’s identification as an LEP student, the child’s level of English proficiency or the right to apply for a waiver. The district will revise its letter to ensure compliance with all applicable elements. The district must also ensure copies of the letter are available in the major languages of the district. The district will submit copies of the revised letters to the Department by October 2, 2007. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 18 of 19 ELE Criterion Number and Topic 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 Extracurricular Programs ELE 13 Follow-up Support ELE 14 Licensure Requirements Yes Partially Implemented Please see ELE 5 for comments regarding licensure. Please see ELE 5 for the required corrective action. Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 19 of 19 ELE Criterion Number and Topic Criterion Determined to be Implemented Based on Review of Local ELE Self-Assessment ELE 15 Professional Development Requirements Yes ELE 16 Equitable Facilities Yes ELE 17 Program Evaluation Partially Implemented ELE 18 Records of LEP Students(To be reviewed during next CPR visit.) Not Rated. ELE student records will be reviewed during the Department’s next Coordinated Program Review visit. Findings of Noncompliance Based on Department’s Review of Local ELE Self-Assessment (Criterion Determined to be Partially Implemented or Not Implemented) The district has not determined its methods of program evaluation, however, consideration of MCAS performance by Limited English Proficient students is considered in assessing student needs. Required Corrective Action, Timelines for Implementation, and Progress Reporting The district must develop a formal plan and identify the plans components for evaluating its English Language Learner program. Mid-cycle Report Format 2007.doc Rev. 1/3/07 Winchester Public Schools Coordinated Program Review Mid-cycle Report May 7, 2007 Page 20 of 19